Legislation

Transportation Appeal Tribunal of Canada Act

Having come into force in 2003, the Transportation Appeal Tribunal of Canada Act (TATC Act) states that the Tribunal has jurisdiction in respect of reviews and appeals as expressly provided in federal transportation legislation (s. 2).

The TATC Act outlines the transportation and/or medical expertise required by Tribunal Members and describes the constitution of both Review and Appeal Hearings (ss. 12 to 15). The TATC Act also sets out the powers of the Tribunal and its Members (ss. 16 and 18).

Additionally, the TATC Act addresses many procedural aspects of the Tribunal process. The TATC Act includes a provision to relax the rules of evidence before the Tribunal (s. 15(1)) and also a provision which sets out the burden of proof that a party before the Tribunal must meet (s. 15(5)).

The TATC Act also allows for representation of the parties before the Tribunal (s. 15(3)) and acknowledges the Tribunal's adherence to the open court principle (s. 15(4)).

Another important aspect of the TATC Act is encompassed in s. 18, which allows the Tribunal to make rules to govern the management of its affairs and its practices and procedures in connection with matters before it.

Transportation Appeal Tribunal of Canada Rules

The Transportation Appeal Tribunal of Canada Rules (TATC Rules) were made pursuant to s. 18 of the TATC Act, which provides the Tribunal the ability to make rules to govern the management of its affairs, and the practices and procedures of matters before it.

The TATC Rules address a number of aspects of Tribunal practice and procedure, which includes providing the Tribunal with a great deal of flexibility in its processes. For example, Rule 4 allows the Tribunal to take any action it considers necessary to enable it to settle a matter effectively, completely and fairly.

Additional flexibilities are provided to the Tribunal by Rules 11 and 13. Rule 11 states that “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”; and Rule 13 allows that “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”.

The TATC Rules address a variety of procedural issues. For example, the Rules allow the Tribunal to direct a party to submit written arguments in addition to making oral arguments (Rule 17). Furthermore, the TATC Rules allow for witnesses to be summoned to hearings (see Rules 14 and 15).

Other procedural issues addressed include witnesses at a proceeding being subject to examination and cross-examination orally on oath or solemn affirmation (Rule 16(1)), and allowing the Tribunal to order a witness to be excluded from a proceeding until called to give evidence (Rule 16(2)).

Aeronautics Act

The Aeronautics Act is the primary legislation governing civil aviation in Canada. Any person who has been given notice by the Minister of Transport under the following sections may apply to the Tribunal for a review of the Minister's decision:

  • 6.71 – Refusal to issue or amend a Canadian aviation document
  • 6.9 – CAD suspension or cancellation
  • 7 – CAD suspension where there is an immediate threat to aviation security
  • 7.1 – CAD suspension, cancellation or refusal to renew on other grounds
  • 7.7 – Assessment of monetary penalty
  • 8.3 – Refusal to remove a notation of a suspension or a penalty after two years

Canada Shipping Act, 2001

The Canada Shipping Act, 2001 is Canada's primary legislation dealing with safety in marine transportation and protecting the marine environment.

Any person who has been given notice by the Minister of Transport under the following sections may apply to the Tribunal for a review of the Minister's decision:

  • 16(4) – Refusal to issue a Canadian maritime document
  • 20.1 – CMD suspension, cancellation or refusal to renew
  • 229(1) – Violations and assessments of penalty
  • 231.1 – Assurance of compliance not complied with

Canada Marine Act

Any person who has been given notice by the Minister of Transport under s. 129.05 (Notice of Violation) of the Canada Marine Act may apply to the Tribunal for a review of the Minister's decision.

Marine Transportation Security Act

The Marine Transportation Security Act provides for the security of marine transportation. Any person who has received notice by the Minister of Transport under the following sections may apply to the Tribunal for a review of the Minister's decision:

  • 19.2 – refusal to designate a person as a screening officer, suspension, cancellation or refusal to renew the designation of a person as a screening officer.
  • 33(1)(b) – Notice of Violation
  • 36(1) – Notice of default

Navigation Protection Act

The Navigation Protection Act regulates interferences with the public right of marine navigation in Canada. Any person who has been given notice by the Minister of Transport under section 39.1 of the Act may apply to the Tribunal for a review of the Minister's decision. 

International Bridges and Tunnels Act

Any person who has been given notice by the Minister of Transport under s. 46 (Notice of Violation) of the International Bridges and Tunnels Act may apply to the Tribunal for a review of the Minister's decision.

Railway Safety Act

Any person affected by a decision under the following sections of the Railway Safety Act may apply to the Tribunal for a review of the Minister's decision:

  • 27.1(1) – Minister's refusal to designate as screening officer, suspension, cancellation or refusal to renew a designation
  • 27.1(2) – suspension or cancellation of designation for offences
  • 27.1(3) – suspension of designation for immediate threat
  • 31(1) – Orders from a railway safety inspector
  • 32 – Orders from the Minister

Canada Transportation Act

Any person who has been given a Notice of Violation under s. 180.1 of the Canada Transportation Act may apply to the Tribunal for a review of the Minister's decision.