Bill C-34
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
RECOMMENDATION |
|
|
Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to establish the Transportation Appeal Tribunal of Canada and to make
consequential amendments to other Acts''.
|
|
|
SUMMARY |
|
|
This enactment establishes the Transportation Appeal Tribunal of
Canada, which replaces the Civil Aviation Tribunal established under
Part IV of the Aeronautics Act, and extends the new Tribunal's
jurisdiction to the marine and railway sectors.
|
|
|
The enactment provides for the appointment of members to the
Tribunal, and sets out the general powers and authorities of the Tribunal
to conduct its affairs. It also provides for an independent process of
review by the Tribunal of administrative enforcement
actions - including the suspension and cancellation of licences,
certificates and other documents of entitlement, and the imposition of
monetary penalties - taken under various federal transportation Acts.
The Tribunal will also hear appeals from determinations made on
review.
|
|
|
The enactment amends the Aeronautics Act, the Canada Shipping
Act, the Canada Transportation Act, the Marine Transportation
Security Act and the Railway Safety Act to establish the jurisdiction and
decision-making authorities of the Tribunal under those Acts.
|
|
|
EXPLANATORY NOTES |
|
|
Aeronautics Act |
|
|
Clause 33: The definition ``Tribunal'' in subsection
3(1) reads as follows:
|
|
|
``Tribunal'' means the Civil Aviation Tribunal established by
subsection 29(1).
|
|
|
Clause 34: Section 6.72 is new. Sections 6.6 to 6.8
read as follows:
|
|
|
6.6 In sections 6.7 to 7.2, ``Canadian aviation document'' includes
any privilege accorded by a Canadian aviation document.
|
|
|
6.7 Sections 6.8 to 7.2 do not apply to a member of the Canadian
Armed Forces acting in that capacity or to any other person in relation
to a Canadian aviation document issued in respect of a military aircraft,
military aerodrome or military facility.
|
|
|
6.71 (1) The Minister may refuse to issue a Canadian aviation
document, where the Minister is of the opinion that the public interest
and, in particular, the record in relation to aviation of the applicant or of
any principal of the applicant warrant it.
|
|
|
(2) The Governor in Council may make regulations defining the
word ``principal'' for the purposes of subsection (1).
|
|
|
6.8 In addition to any ground of suspension, cancellation or refusal
of renewal referred to in sections 6.9 to 7.1, the Minister may suspend,
cancel or refuse to renew a Canadian aviation document in such
circumstances and on such grounds as the Governor in Council may by
regulation prescribe.
|
|
|
Clause 35: Subsection 6.9(7.1) is new. Subsection
6.9(8) reads as follows:
|
|
|
(8) On a review under this section of a decision of the Minister to
suspend or cancel a Canadian aviation document, the member of the
Tribunal conducting the review may determine the matter by
confirming the suspension or cancellation or substituting the member's
decision for the decision of the Minister.
|
|
|
Clause 36: (1) New.
|
|
|
(2) Subsections 7(7) and (8) read as follows:
|
|
|
(7) On a review under this section of a decision of the Minister to
suspend a Canadian aviation document, the member of the Tribunal
conducting the review may determine the matter by confirming the
suspension or substituting the member's decision for the decision of the
Minister.
|
|
|
(8) Where
|
|
|
|
|
|
|
|
|
the holder of the document or the owner or operator of any aircraft,
airport or other facility in respect of which the document was issued
may, in writing, request the Minister to reconsider whether the
immediate threat to aviation safety referred to in subsection (1) that
occasioned the suspension continues to exist or is likely to occur as
described in that subsection.
|
|
|
Clause 37: (1) Subsection 7.1(1) reads as follows:
|
|
|
7.1 (1) Where the Minister decides
|
|
|
|
|
|
|
|
|
|
|
|
the Minister shall, by personal service or by registered mail sent to the
holder or to the owner or operator of the aircraft, airport or facility, as
the case may be, at the latest known address of the holder, owner or
operator, notify the holder, owner or operator of the Minister's decision.
|
|
|
(2) The relevant portion of subsection 7.1(2) reads as
follows:
|
|
|
(2) A notice under subsection (1) shall be in such form as the
Governor in Council may by regulation prescribe and shall, in addition
to any other information that may be so prescribed,
|
|
|
|
|
|
|
|
|
(3) New.
|
|
|
(4) Subsections 7.1(7) to (9) read as follows:
|
|
|
(7) On a review under this section of a decision of the Minister to
refuse to renew a Canadian aviation document on medical grounds, the
burden of establishing that the Minister's decision in the matter is
unjustified is on the person requesting the review.
|
|
|
(8) On a review under this section of a decision of the Minister to
suspend, cancel or refuse to renew a Canadian aviation document, the
member of the Tribunal conducting the review may determine the
matter by confirming the suspension, cancellation or refusal to renew
or by referring the matter back to the Minister for reconsideration.
|
|
|
(9) Where a matter of suspension or cancellation of or refusal to
renew a Canadian aviation document is referred back to the Minister for
reconsideration under subsection (8),
|
|
|
|
|
|
|
|
|
Clause 38: Section 7.21 is new. Section 7.2 reads as
follows:
|
|
|
7.2 (1) The Minister or any person affected by the determination of
a member of the Tribunal under subsection 6.9(8) or 7(7) or any person,
other than the Minister, affected by the determination of a member of the
Tribunal under subsection 7.1(8) may, within ten days after the
determination, appeal the determination to the Tribunal.
|
|
|
(2) The member of the Tribunal from whose determination an appeal
is taken shall not be a member of the panel of members appointed to hear
the appeal.
|
|
|
(3) An appeal to the Tribunal shall be on the merits based on the
record of the proceedings of the member of the Tribunal from whose
determination the appeal is taken but the Tribunal shall allow oral
argument and, if it deems it necessary for the purposes of the appeal,
shall hear evidence not previously available.
|
|
|
(4) On an appeal from the determination of a member of the Tribunal
under subsection 7.1(8) in respect of a refusal to renew a Canadian
aviation document on medical grounds, the burden of establishing that
the Minister's decision in the matter is unjustified is on the appellant.
|
|
|
(5) The Tribunal may dispose of an appeal from the determination
of a member of the Tribunal under
|
|
|
|
|
|
|
|
|
Clause 39: Sections 7.91 and 7.92 are new. Sections
7.7 to 7.9 read as follows:
|
|
|
7.7 (1) Where the Minister believes on reasonable grounds that a
person has contravened a designated provision, the Minister shall notify
the person of the allegations against the person in such form as the
Governor in Council may by regulation prescribe, specifying in the
notice, in addition to any other information that may be so prescribed,
|
|
|
|
|
|
|
|
|
(2) A notice under subsection (1) shall be served personally or by
ordinary mail sent to the latest known address of the person to whom the
notice relates.
|
|
|
7.8 (1) Where a person served with a notice under subsection 7.7(1)
pays the amount specified in the notice in accordance with the
requirements set out therein, the Minister shall accept the amount as and
in complete satisfaction of the amount of penalty for the contravention
by that person of the designated provision and no further proceedings
under this Part shall be taken against the person in respect of that
contravention.
|
|
|
(2) Where a person served with a notice under subsection 7.7(1) fails
to pay the amount specified in the notice in accordance with the
requirements set out therein, the Minister shall, within fifteen days after
the time referred to in paragraph 7.7(1)(b), forward a copy of the notice
to the Tribunal.
|
|
|
7.9 (1) On receipt of the copy of the notice forwarded by the Minister
under subsection 7.8(2), the Tribunal shall
|
|
|
|
|
|
|
|
|
(2) Where a person served with a request under subsection (1) fails
to appear before the member of the Tribunal at the time and place set out
in the request, the member of the Tribunal shall consider all the
information that is presented to him by the Minister in relation to the
contravention referred to in the request.
|
|
|
(3) Where, at the conclusion of the proceedings in respect of
allegations against a person referred to in subsection (2), the member of
the Tribunal determines that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) Where a person served with a request under subsection (1)
appears before the member of the Tribunal at the time and place set out
in the request, the member of the Tribunal shall provide the Minister and
the person with a full opportunity consistent with procedural fairness
and natural justice to present evidence before the member of the
Tribunal and make representations in relation to the alleged
contravention.
|
|
|
(5) On a proceeding before a member of the Tribunal under
subsection (4),
|
|
|
|
|
|
|
|
|
Clause 40: The relevant portion of section 8 reads as
follows:
|
|
|
8. Where, at the conclusion of the proceedings in respect of
allegations against a person referred to in subsection 7.9(4), the member
of the Tribunal determines that
|
|
|
Clause 41: Section 8.1 reads as follows:
|
|
|
8.1 (1) The Minister or any person affected by the determination of
a member of the Tribunal under subsection 7.9(3) or section 8 may,
within ten days after the determination, appeal the determination to the
Tribunal.
|
|
|
(2) The member of the Tribunal from whose determination an appeal
is taken shall not be a member of the panel of members of the Tribunal
appointed to hear the appeal.
|
|
|
(3) An appeal to the Tribunal shall be on the merits based on the
record of the proceedings of the member of the Tribunal from whose
determination the appeal is taken but the Tribunal shall allow oral
argument and, if it deems it necessary for the purposes of the appeal,
shall hear evidence not previously available.
|
|
|
(4) The Tribunal may dispose of the appeal by dismissing it or
allowing it and in allowing the appeal, the Tribunal may substitute its
decision for the determination appealed against.
|
|
|
(5) Where the Tribunal finds on an appeal that a person has
contravened the designated provision that the person is alleged to have
contravened, the Tribunal shall forthwith inform the person of the
finding and, subject to any regulations made under paragraph 7.6(1)(b),
of the amount determined by the Tribunal to be payable by the person
in respect of the contravention and, where the amount is not paid to the
Tribunal by or on behalf of the person within such time as the Tribunal
may allow, the Tribunal shall issue to the Minister a certificate in such
form as the Governor in Council may by regulation prescribe, setting
out the amount required to be paid by the person.
|
|
|
Clause 42: Subsection 8.2(1) reads as follows:
|
|
|
8.2 (1) Where the time limit for an appeal under subsection 8.1(1) has
expired or an appeal taken under section 8.1 has been dismissed, on
production in the superior court of any province, a certificate issued
under subsection 7.9(3), section 8 or subsection 8.1(5) shall be
registered in the court and when registered has the same force and effect,
and all proceedings may be taken thereon, as if the certificate were a
judgment in that court obtained by Her Majesty in right of Canada
against the person named in the certificate for a debt of the amount set
out in the certificate.
|
|
|
Clause 43: Subsection 8.3(3) reads as follows:
|
|
|
(3) Subsections 7.1(3) to (9) and section 7.2 apply, with such
modifications as the circumstances require, in respect of a decision of
the Minister referred to in subsection (2) of this section.
|
|
|
Clause 44: Part IV reads as follows:
|
|
|
PART IV |
|
|
CIVIL AVIATION TRIBUNAL |
|
|
29. (1) There is hereby established a tribunal to be known as the Civil
Aviation Tribunal consisting of a Chairman, a Vice-Chairman and such
other members as are from time to time appointed by the Governor in
Council.
|
|
|
(2) The Governor in Council shall appoint as members of the
Tribunal persons who have knowledge and experience in aeronautics.
|
|
|
(3) The Chairman and the Vice-Chairman are each full-time
members of the Tribunal and the other members may be appointed as
full-time or part-time members.
|
|
|
(4) A member of the Tribunal shall be appointed to hold office during
good behaviour for a term not exceeding seven years and may be
removed for cause by the Governor in Council.
|
|
|
(5) A member of the Tribunal is eligible to be re-appointed on the
expiration of a first or subsequent term of office.
|
|
|
30. (1) The Chairman is the chief executive officer of the Tribunal
and has supervision over and direction of the work and staff of the
Tribunal including
|
|
|
|
|
|
|
|
|
(2) In the event of the absence or incapacity of the Chairman of the
Tribunal or if the office of Chairman is vacant, the Vice-Chairman has
and may exercise and perform all the powers, duties and functions of the
Chairman.
|
|
|
31. (1) Each full-time member of the Tribunal shall be paid such
salary as is fixed by the Governor in Council and each part-time member
is entitled to be paid such fees or other remuneration for that member's
services as may be fixed by the Governor in Council.
|
|
|
(2) Each member of the Tribunal is entitled to be paid reasonable
travel and living expenses incurred by the member in the course of the
member's duties under this Act while absent from his ordinary place of
residence.
|
|
|
32. (1) A full-time member of the Tribunal shall not accept or hold
any office, membership, employment or interest or engage in any
business that the Governor in Council may declare to be inconsistent
with the proper performance of the duties and functions of a full-time
member of the Tribunal.
|
|
|
(2) Where any interest prohibited under subsection (1) vests in a
full-time member of the Tribunal by gift, will, succession, settlement or
otherwise, the member shall forthwith disclose the interest to the
Governor in Council and, within three months after the disclosure,
dispose of the interest to the satisfaction of the Governor in Council
unless he ceases to be a full-time member within that time.
|
|
|
(3) Where a part-time member of the Tribunal who is assigned to
hear or is hearing any matter before the Tribunal, either alone or as a
member of a panel, holds any pecuniary or other interest that could be
inconsistent with the proper performance of his duties and functions in
relation to the matter, the member shall forthwith disclose that interest
to the Chairman of the Tribunal and is ineligible to hear, or to continue
to hear, the matter.
|
|
|
(4) For the purposes of subsection (3), the Governor in Council may
issue guidelines to part-time members of the Tribunal concerning the
nature of the interests that could be inconsistent with the proper
performance of their duties and functions in relation to matters before
the Tribunal.
|
|
|
33. (1) The principal office of the Tribunal shall be in the National
Capital Region described in the schedule to the National Capital Act.
|
|
|
(2) The Tribunal or any member thereof shall sit at such times and
at such places in Canada as the Chairman of the Tribunal considers
necessary for the proper performance of its functions.
|
|
|
(3) The Tribunal may, with the approval of the Governor in Council,
make rules not inconsistent with this Act governing the carrying out of
the affairs of the Tribunal and the practice and procedure in connection
with matters dealt with by it.
|
|
|
34. (1) Such employees as are necessary for the proper conduct of the
work of the Tribunal shall be appointed in accordance with the Public
Service Employment Act.
|
|
|
(2) Employees appointed under subsection (1) shall be deemed to be
employed in the Public Service for the purposes of the Public Service
Superannuation Act.
|
|
|
(3) The Tribunal may appoint and, subject to the approval of the
Treasury Board, fix the remuneration of experts or persons having
technical or special knowledge to assist the Tribunal in any matter in an
advisory capacity.
|
|
|
35. The Tribunal shall, not later than June 30 in each fiscal year,
submit to Parliament, through such member of the Queen's Privy
Council for Canada as is designated by the Governor in Council as the
Minister for the purposes of this section, a report of its activities during
the preceding fiscal year and that Minister shall cause each such report
to be laid before each House of Parliament on any of the first fifteen days
on which that House is sitting after the Minister receives it.
|
|
|
36. (1) Subject to subsection (2), every appeal to the Tribunal under
this Act from a determination of a member of the Tribunal shall be
heard, determined and disposed of by a panel of three members.
|
|
|
(2) The Chairman of the Tribunal may, if the Chairman considers it
appropriate, direct that an appeal to the Tribunal be heard by a panel of
more than three members or, with the consent of the parties, by one
member alone.
|
|
|
(3) A decision of a majority of the members of a panel is a decision
of the panel.
|
|
|
37. (1) Subject to subsection (5), the Tribunal or a member thereof
is not bound by any legal or technical rules of evidence in conducting
any matter that comes before it or the member and all such matters shall
be dealt with by the Tribunal or member as informally and expeditiously
as the circumstances and considerations of fairness and natural justice
permit.
|
|
|
(2) Any person appearing before the Tribunal or any member thereof
may appear in person or by agent.
|
|
|
(3) Matters before the Tribunal or a member thereof shall be heard
in public unless the Tribunal or member is satisfied that a public hearing
would not be in the public interest, in which case the hearing or any part
thereof may be held in private.
|
|
|
(4) For the purposes of this Act, the Tribunal and each member
thereof has and may exercise the powers of a person appointed as a
commissioner under Part I of the Inquiries Act.
|
|
|
(5) The Tribunal or a member thereof may not receive or accept as
evidence anything that would be inadmissible in a court by reason of
any privilege under the law of evidence.
|
|
|
(6) The Tribunal or a member thereof shall, on request by a party to
a proceeding before the Tribunal or member, furnish the party with the
reasons in writing for the determination or decision of the Tribunal or
member.
|
|
|
(7) No costs may be awarded by the Tribunal or a member thereof
on the disposition of any matter under this Act.
|
|
|
(8) Proceedings before the Tribunal or a member thereof shall be
recorded and the record shall show all evidence taken and all
determinations and findings made in respect of the proceedings.
|
|
|
(9) A decision of the Tribunal on an appeal under this Act is final and
binding on the parties to the appeal.
|
|
|
Canada Shipping Act |
|
|
Clause 46: New.
|
|
|
Clause 47: Section 120 reads as follows:
|
|
|
120. (1) Where the Minister believes on reasonable grounds that the
holder of a certificate granted under this Part is incapacitated in respect
of the performance of his duties as a certificated master or seaman by
reason of his not meeting the medical fitness standards prescribed under
paragraph 110(1)(c), the Minister may cause an inquiry to be held.
|
|
|
(2) Subsections 504(2) to (4) apply, with such modifications as the
circumstances require, in respect of an inquiry under this section.
|
|
|
(3) Where, after an inquiry under this section, the Minister is satisfied
that the certificated master or seaman is incapacitated in respect of the
performance of his duties as such by reason of his not meeting the
medical fitness standards prescribed under paragraph 110(1)(c), the
Minister may suspend the certificate until such time as the Minister is
satisfied that the holder thereof is no longer so incapacitated.
|
|
|
(4) The Minister shall forthwith notify in writing the holder of a
certificate of his decision under subsection (3) and the reasons therefor.
|
|
|
Clause 48: New.
|
|
|
Clause 49: New.
|
|
|
Clause 50: New.
|
|
|
Clause 51: Sections 504.1 to 504.3 and 505.1 to 505.3
are new. The heading before section 504 and sections
504 and 505 read as follows:
|
|
|
Inquiries as to the Competency and Conduct of Officers |
|
|
504. (1) The Minister may cause an inquiry to be held if the Minister
believes on reasonable grounds that any master, mate or engineer
|
|
|
|
|
|
|
|
|
|
|
|
(2) The Minister may either himself appoint a person to hold the
inquiry or may direct the inquiry to be held before a judge of the
Admiralty Court.
|
|
|
(3) Where the inquiry is held by a person appointed by the Minister,
that person
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) Where the inquiry is held by a judge of the Admiralty Court, the
inquiry shall be conducted and the results reported in the same manner,
and the court has the like powers, as in the case of a formal investigation
into a shipping casualty under this Part.
|
|
|
505. Where on any inquiry held pursuant to section 504 the Minister
is satisfied
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
he may, with respect to either a certificate granted in Canada or a
certificate granted in any other Commonwealth country in so far only
as concerns its validity in Canada, suspend or cancel the certificate of
competency or service of the master or mate or the certificate of the
engineer.
|
|
|
Canada Transportation Act |
|
|
Clause 52: (1) and (2) The relevant portion of
subsection 180(2) reads as follows:
|
|
|
(2) Sections 7.8 to 8.2, 36 and 37 of the Aeronautics Act apply to the
contravention of a provision, requirement or condition designated
under section 177, with such modifications as are necessary, and a
reference in any of those provisions or in any document issued under
any of those provisions to
|
|
|
|
|
|
|
|
|
Marine Transportation Security Act |
|
|
Clause 55: (1) The definition ``screening officer'' in
subsection 2(1) reads as follows:
|
|
|
``screening officer'' means a person designated by the Minister under
section 19 as a screening officer for the purposes of this Act;
|
|
|
(2) New.
|
|
|
Clause 56: Sections 5 and 6 read as follows:
|
|
|
5. The Governor in Council may make regulations respecting the
security of marine transportation, including regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Every person who contravenes the regulations is guilty of an
offence punishable on summary conviction and liable
|
|
|
|
|
|
|
|
|
Clause 57: Sections 19.1 to 19.8 are new. Section 19
reads as follows:
|
|
|
19. The Minister may designate persons or classes of persons to act
as screening officers for the purposes of this Act or any of its provisions.
|
|
|
Clause 58: Subsection 28(2) reads as follows:
|
|
|
(2) The operator of a vessel is liable to be convicted of an offence
committed in relation to the vessel by another person, whether or not the
other person has been identified, prosecuted or convicted, but no person
shall be convicted under this subsection if it is established that, without
the operator's consent, the vessel was in the possession of another
person at the time of the offence.
|
|
|
Clause 59: New.
|
|
|
Railway Safety Act |
|
|
Clause 64: (1) New.
|
|
|
(2) The relevant portion of subsection 4(5) reads as
follows:
|
|
|
(5) For the purposes of this Act, a notice or document must be filed
with, or sent to, a person
|
|
|
Clause 65: New.
|
|
|
Clause 66: (1) New.
|
|
|
(2) Subsection 31(9) reads as follows:
|
|
|
(9) Where a railway safety inspector gives an order under this section
to a person or railway company, the Minister
|
|
|
|
|
|
|
|
|
Clause 67: New.
|
|
|
Clause 68: Subsection 32(4) reads as follows:
|
|
|
(4) An order contained in a notice to a person or railway company
under subsection (1), (3) or (3.1) has effect when the person or railway
company receives the notice.
|
|
|
Clause 69: New.
|
|
|
Clause 70: The relevant portion of section 46 reads as
follows:
|
|
|
46. The following are not statutory instruments for the purposes of
the Statutory Instruments Act:
|
|
|
|
|
|
|
|