Bill C-34
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. A-2
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Aeronautics Act |
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R.S., c. 33 (1st
Supp.), s. 1
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33. The definition ``Tribunal'' in
subsection 3(1) of the Aeronautics Act is
replaced by the following:
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``Tribunal'' « Tribunal »
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``Tribunal'' means the Transportation Appeal
Tribunal of Canada established by
subsection 2(1) of the Transportation
Appeal Tribunal of Canada Act.
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
s. 14
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34. Sections 6.6 to 6.8 of the Act are
replaced by the following:
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Definition of
``Canadian
aviation
document''
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6.6 In sections 6.7 to 7.21, ``Canadian
aviation document'' includes any privilege
accorded by a Canadian aviation document.
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Non-applica- tion of certain provisions
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6.7 Sections 6.71 to 7.21 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.
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Minister may
refuse to issue
or amend
Canadian
aviation
document
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6.71 (1) The Minister may refuse to issue or
amend a Canadian aviation document on the
grounds that
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Notice
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(2) The Minister shall, by personal service
or by registered or certified mail sent to their
latest known address, notify the applicant or
the owner or operator of the aircraft,
aerodrome, airport or other facility, as the case
may be, of a decision made under subsection
(1). The notice shall be in a form prescribed by
regulation of the Governor in Council and, in
addition to any other information that may be
prescribed, shall indicate, as the case requires,
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Regulations
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(3) The Governor in Council may make
regulations
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Request for
review
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6.72 (1) Subject to any regulations made
under paragraph 6.71(3)(b), an applicant,
owner or operator who is served with or sent
a notice under subsection 6.71(2) and who
wishes to have the Minister's decision
reviewed shall, on or before the date specified
in the notice or within any further time that the
Tribunal on application may allow, file a
written request for a review of the decision
with the Tribunal at the address set out in the
notice.
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Time and
place for
review
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(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.
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Review
procedure
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(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.
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Determina- tion
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(4) The member of the Tribunal who
conducts the review may determine the matter
by confirming the Minister's decision or by
referring the matter back to the Minister for
reconsideration.
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Suspensions,
etc., generally
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6.8 In addition to any ground referred to in
any of sections 6.71, 6.9 to 7.1 and 7.21, the
Minister may suspend, cancel or refuse to
issue, amend or renew a Canadian aviation
document in the circumstances and on the
grounds prescribed by regulation of the
Governor in Council.
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R.S., c. 33 (1st
Supp.), s. 1
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35. Subsection 6.9(8) of the Act is
replaced by the following:
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Holder, etc.,
not compelled
to testify
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(7.1) In a review under this section, a
holder, owner or operator referred to in
subsection (1) is not required, and shall not be
compelled, to give any evidence or testimony
in the matter.
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Determina- tion of Tribunal member
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(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 who conducts the review may
determine the matter by confirming the
Minister's decision or substituting his or her
own determination.
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36. (1) Section 7 of the Act is amended by
adding the following after subsection (2):
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Effective date
of Minister's
decision
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(2.1) The Minister's decision takes effect
on the date of receipt of the notice under
subsection (1) by the person on whom it is
served or to whom it is sent, unless the notice
indicates that the decision is to take effect on
a later date.
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R.S., c. 33 (1st
Supp.), s. 1
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(2) Subsections 7(7) and (8) of the Act are
replaced by the following:
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Determina- tion of Tribunal member
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(7) On a review under this section of a
decision of the Minister to suspend a Canadian
aviation document, the member of the
Tribunal who conducts the review may
determine the matter by confirming the
Minister's decision or substituting his or her
own determination.
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Request for
reconsideratio
n of
immediate
threat
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(8) Where
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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.
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1992, c. 4,
s. 15(1)
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37. (1) Subsection 7.1(1) of the Act is
replaced by the following:
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Suspension,
etc., on other
grounds
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7.1 (1) If the Minister decides to suspend,
cancel or refuse to renew a Canadian aviation
document on the grounds that
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the Minister shall, by personal service or by
registered or certified mail sent to the holder
or the owner or operator of the aircraft, airport
or facility, as the case may be, at their latest
known address, notify that person of the
Minister's decision.
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1992, c. 4,
s. 15(2)
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(2) Subparagraph 7.1(2)(a)(i) of the Act is
repealed.
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(3) Section 7.1 of the Act is amended by
adding the following after subsection (2):
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Effective date
of Minister's
decision
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(2.1) The Minister's decision to suspend or
cancel a Canadian aviation document takes
effect on the date of receipt of the notice under
subsection (1) by the person on whom it is
served or to whom it is sent, unless the notice
indicates that the decision is to take effect on
a later date.
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R.S., c. 33 (1st
Supp.), s. 1
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(4) Subsections 7.1(7) to (9) of the Act are
replaced by the following:
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Determina- tion of Tribunal member
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(7) 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 who
conducts the review may determine the matter
by confirming the Minister's decision or by
referring the matter back to the Minister for
reconsideration.
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Effect of
decision
pending
reconsideratio
n
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(8) If a decision to suspend or cancel a
Canadian aviation document is referred back
to the Minister for reconsideration under
subsection (7), the decision of the Minister
remains in effect until the reconsideration is
concluded. However, the member, after
considering any representations made by the
parties, may grant a stay of the decision until
the reconsideration is concluded, if he or she
is satisfied that granting a stay would not
constitute a threat to aviation safety.
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R.S., c. 33 (1st
Supp.), s. 1
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38. Section 7.2 of the Act is replaced by
the following:
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Right of
appeal
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7.2 (1) Within thirty days after the
determination,
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Loss of right
of appeal
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(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.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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Effect of
decision
pending
reconsideratio
n
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(4) If a decision to suspend or cancel a
Canadian aviation document is referred back
to the Minister for reconsideration under
paragraph (3)(a), the decision of the Minister
remains in effect until the reconsideration is
concluded. However, the appeal panel, after
considering any representations made by the
parties, may grant a stay of the decision until
the reconsideration is concluded, if it is
satisfied that granting a stay would not
constitute a threat to aviation safety.
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Default in
payment
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7.21 (1) The Minister may suspend, or
refuse to issue, amend or renew, a Canadian
aviation document if a certificate under
section 7.92, paragraph 8(b) or subsection
8.1(4) has been issued to the Minister in
respect of the applicant for, or the holder of,
the document or in respect of the owner or
operator of an aircraft, aerodrome, airport or
other facility to which the document relates.
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Notice
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(2) The Minister shall, by personal service
or by registered or certified mail sent to the
applicant, holder, owner or operator, as the
case may be, at their latest known address,
notify that person of a decision made under
subsection (1) and, in the case of a suspension,
of the effective date of the suspension, which
shall not be earlier than thirty days after the
notice is served or sent.
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 1,
s. 5, c. 4, s. 20
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39. Sections 7.7 to 7.9 of the Act are
replaced by the following:
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Notice of
assessment of
monetary
penalty
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7.7 (1) If the Minister believes on
reasonable grounds that a person has
contravened a designated provision, the
Minister may decide to assess a monetary
penalty in respect of the alleged
contravention, in which case the Minister
shall, by personal service or by registered or
certified mail sent to the person at their latest
known address, notify the person of his or her
decision.
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Contents of
notice
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(2) A notice under subsection (1) shall be in
a form prescribed by regulation of the
Governor in Council and shall, in addition to
any other information that may be prescribed,
indicate
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Option
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7.8 A person who has been served with or
sent a notice under subsection 7.7(1) must
either pay the amount of the penalty specified
in the notice or file with the Tribunal a written
request for a review of the facts of the alleged
contravention or of the amount of the penalty.
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Payment of
specified
amount
precludes
further
proceedings
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7.9 If a person who is served with or sent a
notice under subsection 7.7(1) pays the
amount specified in the notice in accordance
with the requirements set out in the notice, the
Minister shall accept the amount as and in
complete satisfaction of the amount of the
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.
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Request for
review of
determina- tion
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7.91 (1) A person who is served with or sent
a notice under subsection 7.7(1) and who
wishes to have the facts of the alleged
contravention or the amount of the penalty
reviewed shall, on or before the date specified
in the notice or within any further time that the
Tribunal on application may allow, file a
written request for a review with the Tribunal
at the address set out in the notice.
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Time and
place for
review
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(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.
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Review
procedure
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(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.
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Burden of
proof
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(4) The burden of establishing that a person
has contravened a designated provision is on
the Minister.
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Person not
compelled to
testify
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(5) A person who is alleged to have
contravened a designated provision is not
required, and shall not be compelled, to give
any evidence or testimony in the matter.
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Certificate
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7.92 If a person fails to pay the amount of
the penalty specified in a notice under
subsection 7.7(1) within the time specified in
the notice and does not file a request for a
review under subsection 7.91(1), the person is
deemed to have committed the contravention
alleged in the notice, and the Minister may
obtain from the Tribunal a certificate in a form
prescribed by the Governor in Council that
indicates the amount of the penalty specified
in the notice.
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R.S., c. 33 (1st
Supp.), s. 1
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40. The portion of section 8 of the English
version of the Act before paragraph (a) is
replaced by the following:
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Determina- tion by Tribunal member
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8. If, at the conclusion of a review under
section 7.91, the member of the Tribunal who
conducts the review determines that
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
s. 22
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41. Section 8.1 of the Act is replaced by
the following:
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Right of
appeal
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8.1 (1) A person affected by the
determination or the Minister may, within
thirty days after the determination, appeal a
determination made under section 8 to the
Tribunal.
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Loss of right
of appeal
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(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.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may dispose of the
appeal by dismissing it or allowing it and, in
allowing the appeal, the panel may substitute
its decision for the determination appealed
against.
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Certificate
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(4) Where the appeal panel finds on an
appeal that a person has contravened the
designated provision, the panel shall without
delay inform the person of the finding and,
subject to any regulations made under
paragraph 7.6(1)(b), of the amount
determined by the panel 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 the time
allowed by the Tribunal, the Tribunal shall
issue to the Minister a certificate in a form
prescribed by regulation of the Governor in
Council, setting out the amount required to be
paid by the person.
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