Transportation Appeal Tribunal of Canada Rules

SOR/86‑594, effective June 1,1986 and amendment
SOR/93‑346, June 16, 1993

Short Title

1. These Rules may be cited as the Transportation Appeal Tribunal of Canada Rules.

Interpretation

2. In these Rules,

"Act" means the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act, or the Canada Transportation Act [s. 2 of the Transportation Appeal Tribunal of Canada Act]; (Loi)

"party" means a party to a proceeding; (partie)

"proceeding" means a review under sections 6.71, 6.9, 7, 7.1 or 7.7 or an appeal under sections 7.2 or 8.1 of the Aeronautics Act; a review under sections 16.1, 20.4, 231.2, or 232(1) or an appeal under sections 20.5(1) or 232.2 of the Canada Shipping Act, 2001; a review under sections 19.4(1), 37 or 39(1) or an appeal under sections 19.6(1) or 40(1) of the Marine Transportation Security Act; a review under sections 27.1, 31 or 32 or an appeal under sections 27.5, 31.2 or 32.2 of the Railway Safety Act; a review under section 180.1 or an appeal under section 180.6(1) of the Canada Transportation Act; (instance)

"registrar" means a registrar of the Tribunal, and includes a deputy registrar; (greffier)"registry" means the principal office of the Tribunal in the National Capital Region or such other offices as the Tribunal may establish from time to time. (greffe)

Application

3. These Rules apply to all proceedings.

General

4. Where a procedural matter not provided for by the Act or by these Rules arises during the course of any proceeding, the Tribunal may take any action it considers necessary to enable it to settle the matter effectively, completely and fairly.

Service

5. Service of a document, other than a summons referred to in section 14, shall be effected by personal service or by registered mail.

6. Where service of a document is effected by registered mail, the date of service is the date of receipt of the document.

Filing

7. Where a party is required or authorized to file a document with the Tribunal, the document may be filed by depositing it in the registry personally, by mailing it or sending it by courier to the registry or by transmitting it to the registry by telex, facsimile or other electronic means of communication if the registry has the necessary facilities for accepting transmission in such manner.

8. The date of filing of a document with the Tribunal is the date of receipt of the document at the registry, as evidenced on the document by means of the filing stamp of the Tribunal.

Holiday

9. Where a time limit prescribed by or pursuant to the Act or these Rules falls on a Saturday, Sunday or holiday, the time limit is extended to the next following business day.

Applications

10. (1) An application for any relief or order, other than a request for review under sections 6.71, 6.9, 7, 7.1 or 7.7 or an appeal under sections 7.2 or 8.1 of the Aeronautics Act; a request for review under sections 16.1, 20.4, 231.2 or 232(1) or an appeal under sections 20.5(1) or 232.2 of the Canada Shipping Act, 2001; a request for review under sections 19.4(1), 37 or 39(1) or an appeal under sections 19.6(1) or 40(1) of the Marine Transportation Security Act; a request for review under sections 27.1, 31 or 32 or an appeal under sections 27.5, 31.2 or 32.2 of the Railway Safety Act; a request for review under section 180.1 or an appeal under section 180.6(1) of the Canada Transportation Act, shall be in writing and filed with the Tribunal unless, in the opinion of the Tribunal, circumstances exist to allow an application to be dealt with in some other manner.

(2) An application shall fully set out the grounds on which it is based and shall specify the relief or order requested.

(3) Subject to subsection (4), where a party makes an application, the Tribunal shall serve notice of the application on each other party and shall afford each other party a reasonable opportunity to make representations.

(4) The Tribunal may dispose of an application on the basis of the material submitted by each party or, if in its opinion there exist exigent circumstances, on the basis of the material submitted by the applicant only.

(5) The Tribunal, upon considering the material submitted to it, shall render its determination of an application in writing and shall serve on each party a copy of the determination forthwith after the determination has been rendered.

Extending or Abridging Time

11. The Tribunal may extend or abridge a time prescribed by or pursuant to these Rules for performing any act or doing any thing on such terms, if any, as seem just.

Preliminary Procedures

12. The Tribunal may, orally or in writing, direct that the parties appear before a member of the Tribunal at a specified date, time and place for a conference, or consult each other and submit suggestions in writing to the Tribunal, for the purpose of assisting it in the consideration of

(a) the admission or proof of certain facts;

(b) any procedural matter;

(c) the exchange between the parties of documents and exhibits proposed to be submitted during a proceeding;

(d) the need to call particular witnesses; and

(e) any other matter that may aid in the simplification of the evidence and disposition of the proceeding.

Adjournments

13. At any time, the Tribunal may, on the application of any party or on its own motion, adjourn a proceeding on such terms, if any, as seem just.

Witnesses

14. (1) At the request of a party, the registrar shall issue a summons in blank for a person to appear as a witness before the Tribunal and the summons may be completed by the party requesting it.

(2) A summons shall be served personally on the person to whom it is directed at least 48 hours before the time fixed for the attendance of the person.

(3) At the time of service of a summons on a person, the party requesting the appearance of the person shall pay fees and allowances to the person in accordance with Rule 42 of the Federal Courts Rules.

15. (1) Where a person has been summoned to appear as a witness before the Tribunal and does not appear, the party that requested the issuance of the summons may apply to the Tribunal for a warrant directing a peace officer to cause the person who failed to appear to be apprehended anywhere in Canada and, subsequent to the apprehension, to be

(a) detained in custody and forthwith brought before the Tribunal until his presence as a witness is no longer required; or

(b) released on a recognizance, with or without sureties, conditional on the person's appearance at the date, time and place specified therein to give evidence at a proceeding.

(2) An application made pursuant to subsection (1) shall contain information indicating that

(a) the person named in the summons

(i) was served with the summons in accordance with subsection 14(2),

(ii) was paid or offered witness fees and allowances in accordance with subsection 14(3), and

(iii) failed to attend or remain in attendance before the Tribunal in accordance with the requirements of the summons; and

(b) the presence of the person named in the summons is material to the proceeding.

Proceeding

16. (1) Witnesses at a proceeding shall be subject to examination and cross‑examination orally on oath or solemn affirmation.

(2) The Tribunal may order a witness at a proceeding to be excluded from the proceeding until called to give evidence.

(3) The Tribunal may, with the consent of each party, order that any fact be proved by affidavit.

(4) The Tribunal may inspect any property or thing for the purpose of evaluating the evidence.

Argument

17. The Tribunal may direct a party to submit written argument in addition to oral argument.

Appeals

18. (1) An appeal to the Tribunal pursuant to sections 7.2 or 8.1 of the Aeronautics Act, sections 20.5(1) or 232.2 of the Canada Shipping Act, 2001, sections 19.6(1) or 40(1) of the Marine Transportation Security Act, sections 27.5, 31.2 or 32.2 of the Railway Safety Act, or section 180.6(1) of the Canada Transportation Act shall be commenced by filing in writing with the Tribunal a request for appeal.

(2) A request for appeal shall include a concise statement of the grounds on which the appeal is based.

(3) A copy of a request for appeal shall be served by the Tribunal on each other party within ten days after filing the request.

19. Where a request for appeal has been filed with the Tribunal, the Tribunal shall serve on the parties to the appeal

(a) a notice of the date, time and place of the hearing of the appeal; and

(b) a copy of the record referred to in section 20 of the Transportation Appeal Tribunal of Canada Act, respecting the proceedings to which the appeal relates.

Determination

20. (1) The Tribunal shall render its determination in writing at the conclusion of a proceeding or as soon as is practicable after a proceeding.

(2) For the purpose of calculating the period within which a party may appeal a determination, the determination is deemed to be made on the day on which it is served on the party.

(3) The Tribunal shall serve on each party a copy of a determination forthwith after the determination has been rendered.

These Rules contain consequential amendments in the Transportation Appeal Tribunal of Canada Act and have been embodied for convenience of reference only. The Rules are currently under review. For purposes of interpretation of the law, the original Rules should be consulted.