Chapter 13 - TATC
- 13.1 Function of the TATC
- 13.2 Burden of Proof
- 13.3 CPO
- 13.4 Role of a Transport Canada Inspector
- 13.5 Written Reasons for Determination
- 13.6 Minister's Decision Confirmed
- 13.7 Request for Reconsideration - Immediate Threat
- 13.8 Appeal of a TATC Determination
- 13.9 Enforcement Division Appeal Process
The TATC is a quasi-judicial body, established in accordance with the Aeronautics Act, whose principal mandate is to hold review and appeal hearings at the request of interested parties with respect to certain administrative actions taken by the Minister of Transport. The TATC provides the aviation community with a forum where enforcement and licensing decisions of the Minister of Transport may be reviewed by an independent body. These decisions are reviewed through a two-level hearing process: review and appeal. All hearings should be held expeditiously, informally and in accordance with the rules of natural justice and fairness.
The onus is on the alleged offender to request a TATC hearing.
The alleged offender cannot be compelled to testify at these hearings.
At a TATC hearing, the burden of proof is on the Minister except in the case of failure to renew on medical grounds. The standard of proof that must be established is simply proof on a balance of probabilities.
The CPO represents the Minister of Transport at TATC hearings, presents evidence and makes representations in support of the Minister's decision under review by the TATC.
The responsible manager shall appoint a qualified CPO.
An investigator involved in the case shall not act as CPO. The effectiveness of case presentation can be seriously reduced by having the investigator wear two hats: that of witness and that of case presenter.
Refer to the Case Presenting Officer Course Participant's Manual for further information on responsibilities.
Any Transport Canada aviation inspector may be called on to give testimony at the TATC, either as an eyewitness or as an expert witness. Eyewitnesses attempt to reconstruct a series of events that occurred at a particular point in time. Expert witnesses, on the other hand, give opinion evidence based on their education and experience and attempt to assist the TATC member to understand the evidence or to make a finding of fact based on the expert opinion.
On receipt of a review determination, the responsible manager shall forward a copy to the Advisory and Appeals Division for compilation and distribution. If there is a possibility of an appeal, the matter shall be discussed with the Advisory and Appeals Division as soon as possible because of the 30-day time limitation on requesting an appeal.
Where the TATC member confirms the Minister's decision, the CPO shall note the effective date of the suspension or the time for payment of a penalty and inform the responsible manager.
In the case of a suspension on the grounds of an immediate threat to aviation safety, on review, the TATC member may determine the matter by confirming the suspension or by substituting the TATC member's determination for the decision of the Minister.
Where no appeal from the confirming determination is requested or when the TATC confirms the suspension on an appeal, the CAD holder may request a reconsideration from the Minister. The responsible manager is responsible for the reconsideration.
If an appeal was requested and the TATC referred the matter back to the Minister for reconsideration, the Director, Regulatory Services, or the RDCA is responsible for the reconsideration.
An appeal by Transport Canada of a TATC review determination shall be considered where the TATC:
- erred in law when making a determination or an order, whether or not the error appears on the face of the record;
- based its determination or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for material before it;
- introduced new evidentiary procedures that are disputable or require clarification;
- exceeded its jurisdiction or refused to exercise its proper jurisdiction; or
- decided inappropriately the issue as to sanction or based its determination on irrelevant considerations, in light of the severity of the contravention.
An appeal by the alleged offender of a TATC review determination shall not be considered when the alleged offender fails to attend the TATC review without suitable justification.
If the responsible manager is of the opinion that there are grounds to appeal a TATC review determination, the following process shall apply:
- On receipt of a TATC review determination, a copy of the determination must be forwarded to the Chief, Advisory and Appeals, immediately;
- The responsible manager shall consult with the Chief, Advisory and Appeals, immediately to determine whether any of the grounds to appeal as set out above apply. If there are grounds to appeal and the responsible manager is of the view that the interests of aviation safety would be served by appealing the TATC review determination, the responsible manager shall forward a written recommendation for an appeal, with verbal confirmation of receipt, to the Director, Regulatory Services; and
- The Director, Regulatory Services, shall, in consultation with the CAE and the Chief, Advisory and Appeals, consider the recommendation and related advice provided by the DOJ, Legal Services, if necessary, and direct the Chief, Advisory and Appeals, to initiate appeal action, as appropriate.
The Chief, Advisory and Appeals, shall consult with the responsible manager on the content of the notice of appeal, shall ensure that the notice of appeal is filed with the TATC within the statutory 30 day limitation period, and shall send a copy of the notice to the responsible manager. If a decision is made not to appeal the TATC review determination, the Chief, Advisory and Appeals, shall inform the responsible manager of the rationale for the decision.