Bill C-34
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
| R.S., c. 33 (1st
Supp.), s. 1
|
42. Subsection 8.2(1) of the Act is
replaced by the following:
|
|
| Registration
of certificate
|
8.2 (1) If the time limit for the payment of
an amount determined by the Minister in a
notice under subsection 7.7(1) has expired, the
time limit for the request for a review under
subsection 7.91(1) has expired, the time limit
for an appeal under subsection 8.1(1) has
expired, or an appeal taken under section 8.1
has been disposed of, on production in any
superior court, a certificate issued under
section 7.92, paragraph 8(b) or subsection
8.1(4) shall be registered in the court. When it
is registered, a certificate has the same force
and effect, and proceedings may be taken in
connection with it, as if it 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.
|
|
| R.S., c. 33 (1st
Supp.), s. 1
|
43. Subsection 8.3(3) of the Act is
replaced by the following:
|
|
| Application of
certain
provisions
|
(3) Subsections 7.1(3) to (8) and section 7.2
apply, with any modifications that the
circumstances require, in respect of a decision
of the Minister referred to in subsection (2).
|
|
| R.S., c. 33 (1st
Supp.), s. 5;
1992, c. 1, s. 4
|
44. Part IV of the Act is repealed.
|
|
| Replacement
of ``full
opportunity''
with
``opportunity'
'
|
45. (1) The Act is amended by replacing
the words ``full opportunity'' with the word
``opportunity'' in the following provisions:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Replacement
of ``audition''
with
``audience''
|
(2) The French version of the Act is
amended by replacing the word ``audition''
with the word ``audience'' in the following
provisions:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| R.S., c. S-9
|
Canada Shipping Act |
|
|
|
46. Section 2 of the Canada Shipping 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;
|
|
|
|
|
|
| R.S., c. 6 (3rd
Supp.), s. 11
|
47. Section 120 of the Act is replaced by
the following:
|
|
| Medical
incapacity of
certificate
holder
|
120. (1) If 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 or her duties as a certificated master or
seaman by reason of not meeting the medical
fitness standards prescribed under paragraph
110(1)(c), the Minister may suspend the
certificate until the Minister is satisfied that
the certificate holder is no longer
incapacitated.
|
|
| Provisions
applicable to
suspension
|
(2) Sections 504.1 to 505.2 apply in respect
of a suspension under subsection (1) with any
modifications that the circumstances require.
However, subsections 505.1(4) and 505.2(3)
apply as if the suspension were a suspension of
a certificate under paragraph 504(a), (c) or (e).
|
|
|
|
48. Section 125 of the Act is amended by
adding the following after subsection (4):
|
|
| Provisions
applicable to
suspensions
and
cancellations
|
(5) Sections 504.1 to 505.2 apply in respect
of a suspension or cancellation under
subsection (4) with any modifications that the
circumstances require. However, subsections
505.1(4) and 505.2(3) apply as if the
suspension or cancellation were a suspension
or cancellation of a certificate under
paragraph 504(a), (c) or (e).
|
|
|
|
49. Section 128 of the Act is amended by
adding the following after subsection (2):
|
|
| Provisions
applicable to
suspensions
and
cancellations
|
(2.1) Sections 504.1 to 505.2 apply in
respect of a suspension or cancellation under
subsection (2) with any modifications that the
circumstances require.
|
|
|
|
50. Section 133 of the Act is amended by
adding the following after subsection (3):
|
|
| Provisions
applicable to
suspensions
|
(4) Sections 504.1 to 505.2 apply in respect
of a suspension under subsection (3) with any
modifications that the circumstances require.
However, subsections 505.1(4) and 505.2(3)
apply as if the suspension were a suspension of
a certificate under paragraph 504(b) or (d).
|
|
| R.S., c. 6 (3rd
Supp.),
s. 87(F);
1999, c. 19,
ss. 15, 16
|
51. The heading before section 504 and
sections 504 and 505 of the Act are replaced
by the following:
|
|
|
|
Tribunal Hearings Related to the Competency and Conduct of Officers |
|
| Suspension or
cancellation
of certificate
|
504. With respect to a certificate granted by
the Minister, or a certificate granted in any
other country in so far only as concerns its
validity in Canada, the Minister may suspend
or cancel the certificate of competency or
service of a master, mate or engineer if the
Minister is satisfied that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Notice before
suspension or
cancellation
|
504.1 Before suspending or cancelling a
certificate of competency or service, the
Minister shall, by personal service or by
registered or certified mail sent to the holder
of the certificate at his or her latest known
address, give the holder 30 days notice of the
proposed suspension or cancellation. The
notice shall be in a form prescribed by
regulation of the Governor in Council and
shall indicate
|
|
|
|
|
|
|
|
|
|
| Exception
|
504.2 (1) The Minister may suspend or
cancel a certificate of competency or service
without giving notice under section 504.1 if,
on ex parte application by the Minister, the
Tribunal determines that compliance with that
section is not in the interest of public safety.
|
|
| Decision
within 24
hours
|
(2) An application by the Minister under
subsection (1) shall be heard by a member of
the Tribunal, sitting alone, whose
determination shall be made within 24 hours
after the application is filed with the Tribunal.
|
|
| Appeal
|
(3) The Minister may appeal the
determination to the Tribunal within 24 hours
after the determination.
|
|
| Decision
within 48
hours
|
(4) The appeal panel of the Tribunal
assigned to hear the appeal shall make a
decision within 48 hours after the appeal is
filed with the Tribunal.
|
|
| Notice after
suspension or
cancellation
|
504.3 Unless a notice is given under section
504.1, immediately after suspending or
cancelling a certificate, the Minister shall, by
personal service or by registered or certified
mail sent to the holder of the certificate at his
or her latest known address, give the holder a
notice in a form prescribed by regulation of
the Governor in Council
|
|
|
|
|
|
|
|
|
|
| Request for
review
|
505. (1) The holder of a certificate may, on
or before the date specified in a notice under
section 504.1 or 504.3 or within any further
time that the Tribunal on application allows,
file a written request for a review of the
decision referred to in the notice.
|
|
| Effect of
request
|
(2) The filing of a request for a review of a
decision referred to in a notice under section
504.1 operates as a stay of the proposed
suspension or cancellation until the matter is
finally disposed of in accordance with section
505.1 or 505.2.
|
|
| Time and
place for
review
|
505.1 (1) On receipt of a request filed under
subsection 505(1), the Tribunal shall appoint
a time and place for the review and shall notify
the Minister and the holder of the certificate of
the time and place in writing.
|
|
| Review
procedure
|
(2) The member of the Tribunal assigned to
conduct the review shall provide the Minister
and the holder of the certificate with an
opportunity consistent with procedural
fairness and natural justice to present
evidence and make representations.
|
|
| Person not
compelled to
testify
|
(3) In a review of a decision made under
paragraph 504(c) or (e), the holder of the
certificate is not required, and must not be
compelled, to give any evidence or testimony
in the matter.
|
|
| Determina- tion
|
(4) The member may
|
|
|
|
|
|
|
|
|
|
| Right of
appeal
|
505.2 (1) The holder of a certificate may
appeal a determination made under paragraph
505.1(4)(a), and the holder of a certificate or
the Minister may appeal a determination made
under paragraph 505.1(4)(b), to the Tribunal
within 30 days after the determination.
|
|
| 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
|
|
|
|
|
|
|
|
|
|
| Endorsements
|
505.3 A reference to a certificate in sections
504 to 505.2 includes a reference to an
endorsement of that certificate.
|
|
| 1996, c. 10
|
Canada Transportation Act |
|
|
|
52. (1) The portion of subsection 180(2) of
the Canada Transportation Act before
paragraph (a) is replaced by the following:
|
|
| Application of
Aeronautics
Act
|
(2) Sections 7.8 to 8.2 of the Aeronautics
Act apply to the contravention of a provision,
requirement or condition designated under
section 177, with any modifications that are
necessary, and a reference in any of those
provisions or in any document issued under
any of those provisions to
|
|
|
|
(2) Paragraph 180(2)(c) of the Act is
replaced by the following:
|
|
|
|
|
|
| R.S., c. F-11
|
Financial Administration Act |
|
|
|
53. Schedule I.1 to the Financial
Administration Act is amended by striking
out, in column I, the reference to
|
|
|
|
Civil Aviation Tribunal
|
|
|
|
|
|
|
|
and the corresponding reference in column
II to the ``Minister of Transport''.
|
|
|
|
54. Schedule I.1 to the Act is amended by
adding, in alphabetical order in column I, a
reference to
|
|
|
|
Transportation Appeal Tribunal of Canada
|
|
|
|
|
|
|
|
and a corresponding reference in column II
to the ``Minister of Transport''.
|
|