After the Review Hearing

Following the review hearing, the member will render a determination, which the Tribunal sends to the applicant by registered mail once it is written and formalized. The Tribunal strives to issue determinations within 90 days of the hearing. The determination contains a summary of the testimony, evidence and arguments presented at the hearing, the member's reasons and his or her determination regarding the administrative action (the fine, suspension, limitation, etc.) under review.

If the member confirms the administrative action taken by the Minister, you will have to comply with the terms of the review determination, or file an appeal with the Tribunal within 30 days.

If the member determines that the administrative action was not justified, what action the member can take is determined by the applicable legislation (as explained in the Possible outcomes of a review section above). In cases where the member has the option of voiding the Minister's decision and replacing it by his or her own, this can mean, for example, that the penalty is reduced, dismissed, or possibly increased.

In other cases (where the member cannot replace the Minister's decision by his or her own but may refer the matter back to the Minister for reconsideration), the Minister's original decision normally remains in effect until the reconsideration is concluded.

Appealing the review determination

If you believe the Tribunal member's determination is incorrect in law or fact and you wish to appeal it, you must file a request for an appeal with the Tribunal within 30 days of the date on which the review determination was served to you. You should note that, in certain cases, the Minister also can appeal the review determination. This second level of hearing, usually heard by a three-member panel, is a review of the determination rendered by the Tribunal member at the review level.

The member who conducted the review hearing will not be involved in the appeal hearing. The appeal panel will consider the transcript of the review hearing and the evidence presented at that time. The only new evidence that may be introduced at the appeal hearing is evidence that was not available at the time of the review hearing. This new evidence may or may not be accepted at the discretion of the appeal panel. At the appeal hearing, both parties are entitled to make arguments regarding the review determination and the administrative action. 

Following the appeal hearing, the three-member panel must provide a decision, including written reasons, to both parties.

Judicial review by the Federal Court

If you are not satisfied with the final outcome of the Tribunal's hearing process, that is, after both a review and appeal hearing have been held and a final decision has been rendered, you may choose to have your case judicially reviewed by the Federal Court. For information on this process, please contact the Federal Court.