Decisions

CAT File No. C-2099-52
MoT File No. SB4200-C146-CARPENTER

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Sheldon Carpenter, Respondent

LEGISLATION:
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.7
Canadian Aviation Security Regulations, SOR/2000-111, s. 41


Review Determination
William Thornton Tweed


Decision: January 5, 2001

Based on the evidence presented, I find that the Respondent did contravene section 41 of the Canadian Aviation Security Regulations. The amount of $75.00, payable to the Receiver General for Canada, must be received by the Tribunal within fifteen days of service of this determination.

A Review Hearing on the above matter was convened at 10:00 hours Friday, November 24, 2000 at the Federal Court of Canada in Winnipeg, Manitoba. The Respondent was not present in the court room. The hearing was adjourned for fifteen minutes and reconvened at 10:15. The Respondent was still not present.

The Minister presented evidence that proved on the balance of probabilities:

1. that Sheldon Carpenter, the Respondent in these proceedings, is the holder of a restricted area pass;

2. that on April 29, 2000 at approximately 13:00 the Respondent entered and remained in a restricted area at the Winnipeg International Airport;

3. that during the time the Respondent was in the restricted area he was not wearing his restricted area pass.

Section 41 of the Canadian Aviation Security Regulations states:

41. A person must not enter or remain in a restricted area unless the restricted area pass issued to the person is visibly displayed on the person's outer clothing.

CONCLUSION

I find on the balance of probabilities that the Respondent committed the offence alleged and I confirm the penalty at $75.00.

William Thornton Tweed
Member
Civil Aviation Tribunal