Decisions

CAT File No. C-2517-52
MoT File No. RB4200-102-NOEL

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

James Noel, 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
E. David Dover


Decision: October 28, 2002

I do not have to issue a determination as to the allegation against Mr. Noel as he has admitted guilt to this offence. With regards to the monetary penalty, I am convinced that all reasonable notices were issued to Mr. Noel that he would be exposed to a monetary penalty if he did not comply with the regulations. I uphold the Minister's decision to assess a $75 monetary penalty.

A Review Hearing on the above matter was held Wednesday, October 16, 2002, at 13:00 hours at the Federal Court of Canada Canoxy Building in Calgary, Alberta.

Mr. Ian Hodgson indicated that at a pre-hearing conference Mr. Noel indicated that he wished to plead guilty to the Notice of Assessment of Monetary Penalty brought against him for a sum of $75 but that Mr. Noel wished to make a statement.

Mr. Noel stated that he wished to plead guilty to the allegation contained in the notice of monetary penalty but did not wish to pay the monetary penalty of $75.

Mr. Hodgson indicated that the Minister was not prepared to accept the reduction of the monetary penalty and he wished to proceed with the hearing.

The allegation and monetary penalty concern a violation of section 41 of the Canadian Aviation Security Regulations where Mr. Noel was observed in a restricted area without displaying his security pass on his outer clothing.

THE ISSUE

Although Mr. Noel has admitted guilt to this offence, he does challenge the monetary penalty and does not wish to pay the penalty.

I will therefore limit my determination to addressing the monetary penalty and not the allegation.

For the Minister of Transport

John Steele

Mr. Steele testified that he was employed as a security inspector for Transport Canada.

He stated that on February 3, 2002 he commenced a study at Calgary International Airport to determine the percentage of employees who were wearing their restricted area passes in the prescribed manner. His findings established a low rate of compliance, 43%-65% especially with Air Canada employees.

During these activities he issued warnings to employees and advised these individuals that there would be a one-day blitz when all offending individuals, including Mr. Noel, would be issued a notice of monetary penalty. This event occurred on March 28, 2002 at which time Mr. Noel was issued a notice of monetary penalty.

Lisa Wood

Exhibits M-2 and M-3

Ms. Wood is a pass control officer employed by the Calgary Airport Authority. Ms. Wood indicated that Mr. Noel had been issued the required regulations instructing him how to wear his restricted area pass.

Paul Stoker

Mr. Stoker is a customer service person who is employed by Air Canada.

Exhibit M-4

Mr. Stoker testified that he distributed the bulletin dated January 7, 2002 to all employees by placing it in their mailboxes, posting it on various bulletin boards and distributing it to the employees' union representatives.

This bulletin states:

Employees MUST VISIBLY DISPLAY their Restricted Area Pass at all times they are within the restricted or secure area of the airport.

Failure to do so will result in charges and fines that range from $75 up to $1,000. The days of a verbal warning are over per Transport Canada!

MR. NOEL

Mr. Noel admitted placing a sweater over his existing garments, which hid his restricted area pass. He stated that he was under the impression he was going to receive a warning notice instead of a monetary penalty.

The evidentiary record was closed.

SANCTION

Mr. Hodgson stated that Transport Canada had the option of assessing a monetary penalty in the range between $75 and $1,000. The monetary penalty of $75 was assessed because it was Mr. Noel's first offence and he had been cooperative with the investigation.

DETERMINATION

I do not have to issue a determination as to the allegation issued by Transport Canada against Mr. Noel as he has admitted guilt to this offence under oath. With regards to the monetary penalty, I am convinced that all reasonable notices were issued to Mr. Noel (Exhibit M-4) that he would be exposed to a monetary penalty ranging from $75 to $1,000 if he did not comply with the regulations.

I uphold the Minister's decision to assess Mr. Noel a $75 monetary penalty.

E. David Dover
Member
Civil Aviation Tribunal