Appealing Option

As a quasi-judicial tribunal established to deal with administrative issues arising from a variety of transportation sectors, the Transportation Appeal Tribunal of Canada (TATC) provides recourse to a person in the aviation, marine, or railway field affected by administrative actions taken by the Minister of Transport under various federal statutes. 

The TATC is mandated to provide prompt, fair and informal review and appeal hearings for those who have received notice from the Minister pertaining to an administrative action which may address enforcement, licensing or medical issues. The Tribunal hears the cases before it and decides whether the Minister’s action was appropriate. Depending on what is stated in the statute at issue, the TATC can uphold the Minister’s decision, substitute its own decision, or refer the matter back to the Minister for reconsideration.

Headed by the acting chairperson, John Badowski, the Tribunal currently has 29 part-time members residing across Canada. The TATC’s main office is located in Ottawa, although hearings are held throughout the country. Members are appointed based on their expertise in a transportation sector and are assigned to adjudicate cases accordingly. The TATC is independent from any other government department and reports to Parliament. 

The Aeronautics Act is the primary legislation governing civil aviation in Canada. Any person who has received a notice from 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 (CAD) 
• 6.9 – CAD suspension or cancellation due to a violation of a provision
• 7 – CAD suspension where there is an immediate threat to aviation security
• 7.1 – CAD suspension, cancellation or refusal to renew 
• 7.7 – Assessment of monetary penalty (fines) due to violation of a provision
• 8.3 – Refusal to remove a notation of a suspension or a penalty after two years

Enforcement action taken by the Minister through the Canadian Aviation Regulations pursuant to the Aeronautics Act may be reviewed by the Tribunal.  Examples of these actions could include (but are not limited to) a penalty or suspension for:  failing to maintain an aircraft in accordance to the maintenance schedule, operating an aircraft in a restricted airspace, or operating an aircraft in a reckless manner. 

From 2012 to 2013, the TATC received 97 medical and 107 enforcement and licensing requests for reviews from the aviation sector. The following case summary provides context on the types of cases that are reviewed by the TATC:

The Minister of Transport refused to issue a Canadian aviation document to the Applicant on the basis of a failed Pilot Proficiency Check (PPC) pursuant to paragraph 6.71(1)(b) of the Aeronautics Act. The Approved Check Pilot (ACP) assessed the ride as a failure due to the Applicant’s decision to apply maximum reverse with both engines during a single-engine landing. The Applicant argued that after touch down, he thought the exercise was over and proceeded to reverse both engines. The TATC member concluded that the ACP did not create a neutral environment nor did he communicate clearly, in order to give the Applicant the opportunity to perform to the best of his abilities. Therefore, the Tribunal found that the Applicant’s PPC was not carried out in an objective and fair manner and consequently, the case was referred back to the Minister for reconsideration. 

There are two levels of hearings at the TATC, one being review hearings and the other being appeal hearings. A review hearing is before a single Member and is a review of the administrative action taken by the Minister. An appeal hearing is before a panel of three Members, and considers the determination and reasons resulting from the review hearing.  A person may choose to represent themselves before the Tribunal or may be represented by any person they choose, including a lawyer. Most TATC hearings are open to the public and are less formal than court proceedings. A court reporter is present at each hearing to record the proceedings.

At a review hearing, both parties have the opportunity to present witnesses and documentary evidence. Both parties may also cross-examine the opposing party’s witnesses. After the hearing, the member who conducted the review must render a determination, including written reasons, to all parties to the proceedings. 

Appeal hearings do not generally involve new evidence; however, both parties are entitled to make arguments regarding the review determination. After the hearing, the three-member panel must provide a decision, including written reasons, to all parties. 

The TATC works to ensure that enforcement of transportation safety is administered fairly and consistently across Canada.  Anyone in the aviation industry who has been given notice of an administrative action by the Minister, related to a statute and provision over which the TATC has jurisdiction, may benefit from having a hearing before the TATC. 

For more information on the TATC, please call 613-990-6906 or visit http://www.tatc.gc.ca/index.php?lang=eng.