Bill C-34
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-34 |
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An Act to establish the Transportation Appeal
Tribunal of Canada and to make
consequential amendments to other Acts
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the
Transportation Appeal Tribunal of Canada
Act.
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TRANSPORTATION APPEAL TRIBUNAL OF CANADA |
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| Establish- ment
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2. (1) There is hereby established a tribunal
to be known as the Transportation Appeal
Tribunal of Canada (``the Tribunal'').
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| Jurisdiction
generally
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(2) The Tribunal has jurisdiction in respect
of reviews and appeals as expressly provided
for under the Aeronautics Act, the Canada
Shipping Act, the Marine Transportation
Security Act, the Railway Safety Act and any
other federal Act regarding transportation.
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| Jurisdiction in
respect of
Canada
Transporta- tion Act
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(3) The Tribunal also has jurisdiction in
respect of reviews and appeals in connection
with administrative monetary penalties
provided for under sections 177 to 181 of the
Canada Transportation Act.
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| Members
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3. (1) The Governor in Council shall
appoint as members of the Tribunal persons
who, in the opinion of the Governor in
Council, collectively have expertise in the
transportation sectors in respect of which the
federal government has jurisdiction.
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| Full- or
part-time
members
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(2) Members may be appointed as full-time
or part-time members.
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| Chairperson
and
Vice-Chairper
son
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4. The Governor in Council shall designate
one member as Chairperson of the Tribunal
and one member as Vice-Chairperson. The
Chairperson and Vice-Chairperson must be
full-time members.
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| Duties of
Chairperson
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5. (1) The Chairperson is the chief
executive officer of the Tribunal and has
supervision over, and direction of, the work of
the members and staff of the Tribunal,
including
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| Absence of
Chairperson
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(2) In the event of the absence or incapacity
of the Chairperson or if the office of
Chairperson is vacant, the Vice-Chairperson
shall act as Chairperson during the
continuance of that absence or incapacity or
until a new Chairperson is designated.
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| Term of office
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6. (1) A member 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.
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| Reappointmen
t
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(2) A member is eligible to be reappointed.
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| Disposition
after member
ceases to hold
office
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(3) At the request of the Chairperson, a
former member, within eight weeks after
ceasing to be a member, may make or take part
in a determination or decision on a matter that
they heard as a member. For that purpose, the
former member is deemed to be a member.
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| Remunera- tion
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7. (1) Members shall receive the
remuneration that is fixed by the Governor in
Council.
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| Expenses
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(2) Each member is entitled to be paid
reasonable travel and living expenses incurred
while absent in the course of their duties from,
in the case of a full-time member, their
ordinary place of work and, in the case of a
part-time member, their ordinary place of
residence.
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| Status
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(3) Members are deemed to be employed in
the public service of Canada for the purposes
of the Government Employees Compensation
Act and any regulations made under section 9
of the Aeronautics Act.
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| Inconsistent
interests -
full-time
members
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8. (1) Full-time members shall not accept or
hold any office, membership, employment or
interest, or engage in any business activity,
that is inconsistent with the proper
performance of their duties and functions.
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| Divesting of
interests
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(2) If an interest that is prohibited under
subsection (1) vests, by whatever means, in a
full-time member, the member shall disclose
the interest to the Chairperson without delay
and, within three months after the interest
vests, either divest himself or herself of the
interest or resign as a member.
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| Duties of
full-time
members
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(3) Full-time members shall devote the
whole of their time to the performance of their
duties and functions under this Act.
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| Inconsistent
interests -
part-time
members
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(4) If a part-time member 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 their duties and functions in
relation to the matter, the member shall
disclose the interest to the Chairperson
without delay and is ineligible to hear, or to
continue to hear, the matter.
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| Principal
office
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9. The principal office of the Tribunal shall
be in the National Capital Region described in
the schedule to the National Capital Act.
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| Employees
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10. (1) The employees that are necessary for
the proper conduct of the work of the Tribunal
shall be appointed in accordance with the
Public Service Employment Act.
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| Status
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(2) Employees appointed under subsection
(1) are deemed to be employed in the Public
Service for the purposes of the Public Service
Superannuation Act.
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| Experts
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(3) The Tribunal may engage experts or
persons having technical or specialized
knowledge to assist the Tribunal in any matter
in an advisory capacity and may, subject to the
approval of the Treasury Board, fix their
remuneration.
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| Sittings
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11. The Tribunal shall sit at those times and
places in Canada that the Chairperson
considers necessary for the proper
performance of its functions.
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| Hearings on
review
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12. A review shall be heard by a member,
sitting alone, who has expertise in the
transportation sector to which the review
relates. However, a review that concerns a
matter of a medical nature shall be heard by a
member with medical expertise, whether or
not that member has expertise in the
transportation sector to which the review
relates.
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| Hearings on
appeal
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13. (1) Subject to subsection (2), an appeal
to the Tribunal shall be heard by an appeal
panel consisting of three members.
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| Size of panel
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(2) The Chairperson may, if he or she
considers it appropriate, direct that an appeal
be heard by an appeal panel consisting of more
than three members or, with the consent of the
parties to the appeal, of one member.
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| Composition
of panel
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(3) A member who conducts a review may
not sit on an appeal panel that is established to
hear an appeal from his or her determination.
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| Qualifica- tions of members
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(4) With the exception of the Chairperson
and Vice-Chairperson, who may sit on any
appeal panel, an appeal shall be heard by an
appeal panel consisting of members who have
expertise in the transportation sector to which
the appeal relates.
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| Medical
matters
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(5) Despite subsection (4), in an appeal that
concerns a matter of a medical nature, at least
one member of the appeal panel shall have
medical expertise, whether or not that
member has expertise in the transportation
sector to which the appeal relates.
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| Decision of
panel
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(6) A decision of a majority of the members
of an appeal panel is a decision of the panel.
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| Nature of
appeal
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14. An appeal shall be on the merits based
on the record of the proceedings before the
member from whose determination the appeal
is taken, but the appeal panel shall allow oral
argument and, if it considers it necessary for
the purposes of the appeal, shall hear evidence
not previously available.
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| Nature of
hearings
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15. (1) Subject to subsection (2), the
Tribunal is not bound by any legal or technical
rules of evidence in conducting any matter
that comes before it, and all such matters shall
be dealt with by it as informally and
expeditiously as the circumstances and
considerations of fairness and natural justice
permit.
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| Restriction
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(2) The Tribunal shall not receive or accept
as evidence anything that would be
inadmissible in a court by reason of any
privilege under the law of evidence.
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| Appearance
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(3) A party to a proceeding before the
Tribunal may appear in person or be
represented by another person, including legal
counsel.
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| Private
hearings
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(4) Hearings shall be held in public.
However, the Tribunal may hold all or any part
of a hearing in private if it is of the opinion that
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| Standard of
proof
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(5) In any proceeding before the Tribunal,
a party that has the burden of proof discharges
it by proof on the balance of probabilities.
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| Powers of
Tribunal
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16. The Tribunal, and each of its members,
has all the powers of a commissioner under
Part I of the Inquiries Act.
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| Reasons
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17. A member who conducts a review shall
provide a determination, and an appeal panel
shall provide a decision, with reasons, in
writing to all parties to a proceeding.
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| Rules of
Tribunal
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18. The Tribunal may, with the approval of
the Governor in Council, make rules that are
not inconsistent with this Act or any Act
referred to in section 2 to govern the
management of its affairs and the practice and
procedure in connection with matters brought
before it.
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| Costs
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19. (1) The Tribunal may award any costs,
and may require the reimbursement of any
expenses incurred in connection with a
hearing, that it considers reasonable if
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| Recovery
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(2) Costs awarded to the Minister of
Transport, and expenses of that Minister or the
Tribunal that are subject to reimbursement,
under subsection (1) are a debt due to Her
Majesty in right of Canada.
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| Certificate
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(3) Costs or expenses under subsection (1)
that have not been paid may be certified by the
Tribunal.
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| Registration
of certificate
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(4) On production to the Federal Court, a
certificate shall be registered. When it is
registered, a certificate has the same force and
effect as if it were a judgment obtained in the
Federal Court for a debt of the amount
specified in it and all reasonable costs and
charges attendant on its registration,
recoverable in that Court or in any other court
of competent jurisdiction.
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| Proceedings
to be recorded
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20. Proceedings before the Tribunal shall be
recorded, and the record shall show all
evidence taken and all determinations,
decisions and findings made in respect of the
proceedings.
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| Decision on
appeal final
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21. A decision of an appeal panel of the
Tribunal is final and binding on the parties to
the appeal.
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| Annual report
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22. The Tribunal shall, not later than June
30 in each fiscal year, submit to Parliament,
through the member of the Queen's Privy
Council for Canada who 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 the report to be laid
before each House of Parliament on any of the
first 15 days on which that House is sitting
after the Minister receives it.
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TRANSITIONAL PROVISIONS |
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| Definitions
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23. The definitions in this section apply in
sections 24 to 32.
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| ``former
Tribunal'' « ancien Tribunal »
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``former Tribunal'' means the Civil
Aviation Tribunal established by
subsection 29(1) of the Aeronautics Act as
that Act read immediately before the
coming into force of section 44.
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| ``new
Tribunal'' « nouveau Tribunal »
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``new Tribunal'' means the Transportation
Appeal Tribunal of Canada established
by subsection 2(1).
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| Powers, duties
and functions
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24. Wherever, in any Act of Parliament,
in any instrument made under an Act of
Parliament or in any contract, lease, licence
or other document, a power, duty or
function is vested in or is exercisable by the
former Tribunal, the power, duty or
function is vested in or is exercisable by the
new Tribunal.
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| Appropria- tions
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25. Any amount that is appropriated, for
the fiscal year in which this section comes
into force, by an appropriation Act based on
the Estimates for that year for defraying the
charges and expenses of the former
Tribunal and that, on the day on which
section 44 comes into force, is unexpended
is deemed, on that day, to be an amount
appropriated for defraying the charges and
expenses of the new Tribunal.
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| Members of
Tribunal
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26. The Chairman, Vice-Chairman and
other members of the former Tribunal
immediately before the coming into force of
section 44 shall, on the coming into force of
that section, occupy the positions of
Chairperson, Vice-Chairperson and
members, respectively, with the new
Tribunal until the expiry of the period of
their appointment to the former Tribunal.
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| Employment
continued
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27. (1) Nothing in this Act shall be
construed as affecting the status of an
employee who, immediately before the
coming into force of section 44, occupied a
position with the former Tribunal, except
that each of those persons shall, on the
coming into force of that section, occupy
their position with the new Tribunal.
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| Definition of
``employee''
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(2) For the purposes of this section,
``employee'' has the same meaning as in
subsection 2(1) of the Public Service
Employment Act.
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| References
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28. Every reference to the former
Tribunal in any deed, contract, agreement
or other document executed by the former
Tribunal in its own name shall, unless the
context otherwise requires, be read as a
reference to the new Tribunal.
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| Rights and
obligations
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29. All rights and property of the former
Tribunal and of Her Majesty in right of
Canada that are under the administration
and control of the former Tribunal and all
obligations of the former Tribunal are
transferred to the new Tribunal.
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| Commenceme
nt of legal
proceedings
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30. Any action, suit or other legal
proceeding in respect of an obligation or
liability incurred by the former Tribunal
may be brought against the new Tribunal in
any court that would have had jurisdiction
if the action, suit or other legal proceeding
had been brought against the former
Tribunal.
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| Continuation
of legal
proceedings
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31. Any action, suit or other legal
proceeding to which the former Tribunal is
a party that is pending in any court
immediately before the day on which
section 44 comes into force may be
continued by or against the new Tribunal in
the same manner and to the same extent as
it could have been continued by or against
the former Tribunal.
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| Continuation
of
proceedings
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32. (1) Proceedings relating to any matter
before the former Tribunal on the coming
into force of section 44, including any
matter that is in the course of being heard
by the former Tribunal, shall be continued
by the new Tribunal.
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| Application of
provisions
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(2) Unless the Governor in Council, by
order, directs that proceedings continued
under this section are to be dealt with in
accordance with the provisions of this Act,
the proceedings shall be dealt with and
determined in accordance with the
provisions of the Aeronautics Act as that Act
read immediately before the coming into
force of section 44.
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| Directions re
proceedings
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(3) The Governor in Council may, by
order, direct that proceedings in respect of
any class of matter referred to in subsection
(1) in respect of which no decision or order
is made on the coming into force of section
44 shall be discontinued or continued by the
new Tribunal, as the case may be, on the
terms and conditions specified in the order
for the protection and preservation of the
rights and interests of the parties.
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