Some statutes provide the Transportation Appeal Tribunal of Canada (Tribunal) jurisdiction to accept applications for review after the 30‑day deadline provided by statute has passed.
Where this discretion is provided by statute, the Tribunal will apply the following policy to review requests that are received by the Tribunal five or more business days after the 30-day deadline (late request):
Please note: generally, requests received within four business days after the 30‑day deadline will be accepted by the Tribunal.
If the Tribunal receives a late request, it will assign a decision-maker to the file. The Tribunal will also request submissions from the parties regarding the late request.
The applicant will have one week (five business days) to provide brief submissions explaining any extenuating circumstances that resulted in the tardiness of the request for review. The Minister will have one week (five business days) to offer a short reply to the applicant's submissions. The applicant will then have three business days to provide a brief response to the Minister's submissions if they so choose.
Once the parties' submissions have been received, the Tribunal will decide whether or not to accept the review request on the basis of the submissions. In making this decision, the Tribunal will determine whether the applicant has established extenuating circumstances to justify his or her failure to apply for a review within the 30 days provided by statute.
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