Policy on Private Hearings

Request for a Private Hearing:

Most Transportation Appeal Tribunal of Canada (Tribunal) hearings are open and accessible to the public. Nevertheless, the Tribunal may hold all or any part of a hearing in private pursuant to subsection 15(4) of the Transportation Appeal Tribunal of Canada Act (TATC Act). The circumstances for holding a private hearing are summarized below.

a)    Not in the Public Interest: TATC Act s. 15(4)(a)

A hearing may be held in private if the Tribunal is of the opinion that it would not be in the public interest to hold an open hearing. One example of this would be hearings involving matters of national security, which would be closed to the public. The decision to hold a hearing in private will be made prior to the hearing.

b)    Disclosure of Medical Information: TATC Act s. 15(4)(b)

Cases involving medical matters contain private information about a person. In the interests of that person, the information shall not be publicly disclosed. Therefore, hearings involving medical matters will be closed to the public.

c)     Confidential Business Matters: TATC Act s. 15(4)(c)

A hearing may occur in private if confidential business information may be disclosed and the desirability of not having this information disclosed outweighs the desirability of holding hearings that are open to the public. The decision to hold the hearing in private will be made prior to the hearing.