Vol. 151, No. 20 — October 4, 2017

Registration
SOR/2017-202 September 22, 2017

TRANSPORTATION APPEAL TRIBUNAL OF CANADA ACT

Rules Amending the Civil Aviation Tribunal Rules

P.C. 2017-1178 September 22, 2017

The Transportation Appeal Tribunal of Canada, pursuant to section 18 of the Transportation Appeal Tribunal of Canada Act (see footnote a), makes the annexed Rules Amending the Civil Aviation Tribunal Rules.

Ottawa, May 5, 2017

John Badowski
Chairperson of the Transportation Appeal Tribunal of Canada

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 18 of the Transportation Appeal Tribunal of Canada Act (see footnote b), approves the annexed Rules Amending the Civil Aviation Tribunal Rules.

Rules Amending the Civil Aviation Tribunal Rules

Amendments

1 The long title of the Civil Aviation Tribunal Rules (see footnote 1) is replaced by the following:

Transportation Appeal Tribunal of Canada Rules

2 Section 1 of the Rules and the heading before it are repealed.

3 The definitions Act and proceeding in section 2 of the Rules are replaced by the following:

Act means the Transportation Appeal Tribunal of Canada Act; (Loi)

proceeding means a request for a review, an appeal or an application that is before the Tribunal; (instance)

4 Section 3 of the Rules is replaced by the following:

3 These Rules apply to

5 Section 4 of the Rules is replaced by the following:

4 If a procedural matter not provided for by the Act, by statutes referred to in subsection 2(2) or (3) of the Act or by these Rules arises during the course of any proceeding, the Tribunal may take any action it considers necessary to enable it to settle the matter effectively, completely and fairly.

6 Section 9 of the Rules is replaced by the following:

9 If a time limit prescribed by these Rules falls on a Saturday or a holiday, the time limit is extended to the next following business day.

7 Subsection 10(1) of the Rules is replaced by the following:

10 (1) This section applies to any application for any relief or order brought before the Tribunal under a statute referred to in subsection 2(2) or (3) of the Act, other than a request for a review or an appeal.

(1.1) An application shall be in writing and filed with the Tribunal unless, in the opinion of the Tribunal, circumstances exist to allow the application to be brought in some other manner.

8 Subsection 14(3) of the Rules is replaced by the following:

(3) At the time of service of a summons on a person, the party requesting the appearance of the person shall pay witness fees and travel expenses to the person in accordance with Rule 42 of the Federal Courts Rules.

9 (1) Paragraph 15(1)(a) of the English version of the Rules is replaced by the following:

(2) Subparagraph 15(2)(a)(ii) of the Rules is replaced by the following:

10 Subsection 18(1) of the Rules is replaced by the following:

18 (1) An appeal to the Tribunal shall be commenced by filing a request for appeal in writing with the Tribunal.

11 Paragraph 19(b) of the Rules is replaced by the following:

12 The heading before section 20 of the English version of the Rules is replaced by the following:

Determination or Decision

13 (1) Subsection 20(1) of the English version of the Rules is replaced by the following:

20 (1) The Tribunal shall render its determination or decision in writing at the conclusion of a proceeding or as soon as is feasible after a proceeding.

(2) Subsection 20(3) of the English version of the Rules is replaced by the following:

(3) The Tribunal shall serve on each party a copy of the determination or decision immediately after it has been rendered.

Coming into Force

14 These Rules come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

The Civil Aviation Tribunal Rules (SOR/86-594) [the Rules] have not been amended since 1993. The Rules do not reference various acts that provide jurisdiction to the Transportation Appeal Tribunal of Canada (TATC). As well, the Rules make reference to determinations, but not decisions.

Government action is needed to remedy the aforementioned issues by amending the Rules.

Background

The Civil Aviation Tribunal was established under Part IV of the Aeronautics Act (R.S.C., 1985, c. A-2) in 1986 to hear aviation reviews and appeals. The Rules were created in 1986 and amended in 1993 (SOR/93-346).

The TATC was established in 2003 pursuant to the Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29). The TATC replaced the Civil Aviation Tribunal. In addition to aviation, the TATC’s jurisdiction extends to marine, railway, and international bridges and tunnels sectors.

Objectives

The objective of this proposal is to amend the Rules, such that they reference relevant enactments and refer to determinations, as well as decisions of the TATC.

Description

The Rules Amending the Civil Aviation Tribunal Rules (the Amendments) change the name of the Rules from “Civil Aviation Tribunal Rules” to “Transportation Appeal Tribunal of Canada Rules.”

Because the Rules are now made under the authority of the Transportation Appeal Tribunal of Canada Act, the definition of “Act” has been changed to reference the Transportation Appeal Tribunal of Canada Act instead of the Aeronautics Act.

As well, the definition of “proceeding” is no longer limited to proceedings taken under the Aeronautics Act. The Amendments clarify the proceedings that the Rules apply to by referencing subsections 2(2) and 2(3) of the Transportation Appeal Tribunal of Canada Act, which establish the proceedings over which the TATC has jurisdiction.

In regard to the summoning of witnesses, the Amendments update the reference to Rule 351 of the Federal Court Rules (C.R.C. 1978, c. 663), which has been repealed and replaced, with a reference to Rule 42 of the Federal Courts Rules (SOR/98-106).

Where previously the Rules only mentioned “determinations,” the Amendments add a reference to “decisions.” This change would reflect the fact that the TATC renders both determinations and decisions: determinations are issued following a review by the TATC of the Minister of Transport’s decision, whereas decisions are issued following a review by a TATC appeal panel of a previous TATC determination.

“One-for-One” Rule

The Amendments are not expected to increase administrative burden on business. Thus, the “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs involved for small business.

Consultation

The TATC felt it was unnecessary to approach stakeholders to discuss the amendments, as the amendments are not substantive in nature.

Rationale

The Amendments will ensure that the Rules use terminology that better reflects the current situation. They will also ensure that the Rules reference legislation that has expanded the jurisdiction of the TATC, as well as appropriate legislation with regard to the summoning of witnesses.

The Amendments are economically inconsequential. They do not add new rules, but rather amend existing rules. They do not result in distributional issues or costs to Government, business (industry), consumers or Canadians.

The Amendments will add greater coherence to the TATC’s legislative framework and make the Rules more current and easier to understand.

Implementation, enforcement and service standards

The TATC will administer and interpret these Amendments as required in the course of its proceedings.

Contact

Jacqueline Corado
Legal Counsel
Secretariat to the Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, 12th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4326
Email: jacqueline.corado@tribunal.gc.ca