Bill C-34

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Person not compelled to testify	(3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Determination	(4) The member may
	(a) in the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or
	(b) in the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination.
Right of appeal	27.5 (1) Within thirty days after the determination,
	(a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or
	(b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.
Loss of right of appeal	(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal	(3) The appeal panel of the Tribunal assigned to hear the appeal may
	(a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or
	(b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
Decision to remain in effect pending reconsideratio n	27.6 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.
Reconsiderati on	27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.
Procedure applicable	(2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.
Definition of ``designation''	27.8 For the purposes of sections 27.1 to 27.7, ``designation'' includes any privilege accorded by a designation.
	66. (1) Section 31 of the Act is amended by adding the following after subsection (4):
Contents of notice	(4.1) A notice under subsections (1) to (3) that contains an order shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order of the railway safety inspector.
	(2) Subsection 31(9) of the Act is replaced by the following:
Reviewable order	(9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.
	67. The Act is amended by adding the following after section 31:
Request for review of order of railway safety inspector	31.1 (1) A person, including a railway company, who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.
Time and place for review	(2) On receipt of a request filed under subsection (1), the Tribunal shall without delay appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.
Review procedure	(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Determination	(4) The member may confirm the order or refer the matter to the Minister for consideration.
Right of appeal	31.2 (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal.
Loss of right of appeal	(2) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal	(3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter to the Minister for consideration.
No stay of order	31.3 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).
Consideration by Minister	31.4 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister's order may be made an order of the Federal Court or of any superior court under section 34.
When alteration or revocation effective	31.5 An alteration or revocation under section 31.4 has effect when the railway company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.
1999, c. 9, s. 25	68. Subsection 32(4) of the Act is replaced by the following:
Contents of notice	(4) An order contained in a notice under subsection (1), (3) or (3.1) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.
	69. The Act is amended by adding the following after section 32:
Request for review	32.1 (1) A person, including a railway company, who is sent a notice under section 32 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.
Time and place for review	(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. In the case of a request for review of an order made under subsection 32(3), the Tribunal shall do so without delay.
Review procedure	(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Person not compelled to testify	(4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Determination	(5) The member may confirm the order or refer the matter back to the Minister for reconsideration.
Right of appeal	32.2 (1) The person who requested the review under section 32.1 may, within thirty days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.
Loss of right of appeal	(2) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal	(3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Stay of order	32.3 If a request for review is filed, an order made under subsection 32(1) or (3.1) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
Reconsiderati on by Minister	32.4 If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. For greater certainty, the Minister's order may be made an order of the Federal Court or of any superior court under section 34.
When alteration or revocation effective	32.5 An alteration or revocation under section 32.4 has effect when the railway company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.
1999, c. 9, s. 33	70. Paragraph 46(d) of the Act is replaced by the following:
	(d) orders and notices sent under sections 31 to 32.5 ;
	COORDINATING AMENDMENTS
	Amendment to This Act
Amendment to this Act	71. If Bill C-14, introduced in the first session of the 37th Parliament and entitled the Canada Shipping Act, 2001, receives royal assent, then, on the coming into force of section 1 of that Act, subsection 2(2) of this Act is replaced by the following:
Jurisdiction generally	(2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act and any other federal Act regarding transportation.
	Bill C-14
Bill C-14	72. If Bill C-14, introduced in the first session of the 37th Parliament and entitled the Canada Shipping Act, 2001 (referred to in this section as the ``other Act''), receives royal assent, then, on the coming into force of section 2 of this Act,
	(a) the definition ``adjudicator'' in section 2 of the other Act is repealed;
	(b) section 2 of the other Act is amended by adding the following in alphabetical order:
``Tribunal'' « Tribunal »	``Tribunal'' means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
	(c) section 15 of the other Act and the heading before it are repealed;
	(d) subparagraph 16(4)(e)(ii) of the French version of the other Act is replaced by the following:
	(ii) le capitaine ou le membre de l'équipage a été déclaré coupable d'une infraction liée à l'exécution de ses fonctions sur un bâtiment ou a commis une violation pour laquelle un procès-verbal a été dressé en vertu de l'alinea 229(1)b).
	(e) subsections 16(5) and (6) of the other Act are replaced by the following:

Notice after refusal to issue	(5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice
	(a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and
	(b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.
	(f) the other Act is amended by adding the following after section 16:
Request for review	16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if
	(a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and
	(b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).
Time and place for review	(2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.
Review procedure	(3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Person not compelled to testify	(4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.
Determination	(5) The member may
	(a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or
	(b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.
	(g) section 20 of the other Act is replaced by the following:
Suspension, cancellation and refusal to renew	20. (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that
	(a) the requirements for the issuance of the document are no longer met;
	(b) a term or condition attached to the document has been contravened;
	(c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;
	(d) the holder of the document has not paid a fine or penalty imposed on them under this Act;
	(e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;
	(f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,
	(i) the master or crew member is incompetent or has committed an act of misconduct,
	(ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or
	(iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or
	(g) in the case of a refusal to renew,
	(i) the applicant has not paid a fee set under paragraph 35(1)(g) in respect of the issuance of the document, or

Bill C-34

COORDINATING AMENDMENTS

Amendment to This Act

Bill C-14