GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Transportation Appeal Tribunal of Canada Act — T-18.5 7
Remuneration 7 (1) Members shall receive the remuneration that is fixed by the Governor in Council. Expenses (2) Each member is entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties from, in the case of a full-time member, their ordinary place of work and, in the case of a part-time member, their ordinary place of residence. Status (3) Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . 2001, c. 29, s. 7; 2003, c. 22, s. 224(E)
Transportation Appeal Tribunal of Canada Act — T-18.5 8
Inconsistent interests — full-time members 8 (1) Full-time members shall not accept or hold any office, membership, employment or interest, or engage in any business activity, that is inconsistent with the proper performance of their duties and functions. Divesting of interests (2) If an interest that is prohibited under subsection (1) vests, by whatever means, in a full-time member, the member shall disclose the interest to the Chairperson without delay and, within three months after the interest vests, either divest himself or herself of the interest or resign as a member. Duties of full-time members (3) Full-time members shall devote the whole of their time to the performance of their duties and functions under this Act. Inconsistent interests — part-time members (4) If a part-time member who is assigned to hear or is hearing any matter before the Tribunal, either alone or as a member of a panel, holds any pecuniary or other interest that could be inconsistent with the proper performance of their duties and functions in relation to the matter, the member shall disclose the interest to the Chairperson without delay and is ineligible to hear, or to continue to hear, the matter.
Transportation Appeal Tribunal of Canada Act — T-18.5 9
Principal office 9 The principal office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act .
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Sittings 11 The Tribunal shall sit at those times and places in Canada that the Chairperson considers necessary for the proper performance of its functions.
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Hearings on review 12 A review shall be heard by a member, sitting alone, who has expertise in the transportation sector to which the review relates. However, a review that concerns a matter of a medical nature shall be heard by a member with medical expertise, whether or not that member has expertise in the transportation sector to which the review relates.
Transportation Appeal Tribunal of Canada Act — T-18.5 13
Hearings on appeal 13 (1) Subject to subsection (2), an appeal to the Tribunal shall be heard by an appeal panel consisting of three members. Size of panel (2) The Chairperson may, if he or she considers it appropriate, direct that an appeal be heard by an appeal panel consisting of more than three members or, with the consent of the parties to the appeal, of one member. Composition of panel (3) A member who conducts a review may not sit on an appeal panel that is established to hear an appeal from his or her determination. Qualifications of members (4) With the exception of the Chairperson and Vice-Chairperson, who may sit on any appeal panel, an appeal shall be heard by an appeal panel consisting of members who have expertise in the transportation sector to which the appeal relates. Medical matters (5) Despite subsection (4), in an appeal that concerns a matter of a medical nature, at least one member of the appeal panel shall have medical expertise, whether or not that member has expertise in the transportation sector to which the appeal relates. Decision of panel (6) A decision of a majority of the members of an appeal panel is a decision of the panel.
Transportation Appeal Tribunal of Canada Act — T-18.5 14
Nature of appeal 14 An appeal shall be on the merits based on the record of the proceedings before the member from whose determination the appeal is taken, but the appeal panel shall allow oral argument and, if it considers it necessary for the purposes of the appeal, shall hear evidence not previously available.
Transportation Appeal Tribunal of Canada Act — T-18.5 15
Nature of hearings 15 (1) Subject to subsection (2), the Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it, and all such matters shall be dealt with by it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. Restriction (2) The Tribunal shall not receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence. Appearance (3) A party to a proceeding before the Tribunal may appear in person or be represented by another person, including legal counsel. Private hearings (4) Hearings shall be held in public. However, the Tribunal may hold all or any part of a hearing in private if it is of the opinion that (a) a public hearing would not be in the public interest; (b) medical information about a person may be disclosed and the desirability of ensuring that, in the interests of that person, the information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public; or (c) confidential business information may be disclosed and the desirability of ensuring that the information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public. Standard of proof (5) In any proceeding before the Tribunal, a party that has the burden of proof discharges it by proof on the balance of probabilities.
Transportation Appeal Tribunal of Canada Act — T-18.5 16
Powers of Tribunal 16 The Tribunal, and each of its members, has all the powers of a commissioner under Part I of the Inquiries Act .
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Reasons 17 A member who conducts a review shall provide a determination, and an appeal panel shall provide a decision, with reasons, in writing to all parties to a proceeding.
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Rules of Tribunal 18 The Tribunal may, with the approval of the Governor in Council, make rules that are not inconsistent with this Act or any Act referred to in section 2 to govern the management of its affairs and the practice and procedure in connection with matters brought before it.
Transportation Appeal Tribunal of Canada Act — T-18.5 19
Costs 19 (1) The Tribunal may award any costs, and may require the reimbursement of any expenses incurred in connection with a hearing, that it considers reasonable if (a) it is seized of the matter for reasons that are frivolous or vexatious; (b) a party that files a request for a review or an appeal and does not appear at the hearing does not establish that there was sufficient reason to justify their absence; or (c) a party that is granted an adjournment of the hearing requested the adjournment without adequate notice to the Tribunal. Recovery (2) Costs awarded to the Minister of Transport, and expenses of that Minister or the Tribunal that are subject to reimbursement, under subsection (1) are a debt due to Her Majesty in right of Canada. Certificate (3) Costs or expenses under subsection (1) that have not been paid may be certified by the Tribunal. Registration of certificate (4) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate has the same force and effect as if it were a judgment obtained in the Federal Court for a debt of the amount specified in it and all reasonable costs and charges attendant on its registration, recoverable in that Court or in any other court of competent jurisdiction.
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Proceedings to be recorded 20 Proceedings before the Tribunal shall be recorded, and the record shall show all evidence taken and all determinations, decisions and findings made in respect of the proceedings.
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Decision on appeal final 21 A decision of an appeal panel of the Tribunal is final and binding on the parties to the appeal.
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Annual report 22 The Tribunal shall, not later than June 30 in each fiscal year, submit to Parliament, through the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this section, a report of its activities during the preceding fiscal year, and that Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
Transportation Appeal Tribunal of Canada Act — T-18.5 Definitions
Definitions * 23 The definitions in this section apply in sections 24 to 32. former Tribunal means the Civil Aviation Tribunal established by subsection 29(1) of the Aeronautics Act as that Act read immediately before the coming into force of section 44. ( ancien Tribunal ) new Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1). ( nouveau Tribunal ) * [Note: Section 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5
former Tribunal means the Civil Aviation Tribunal established by subsection 29(1) of the Aeronautics Act as that Act read immediately before the coming into force of section 44. ( ancien Tribunal )
Transportation Appeal Tribunal of Canada Act — T-18.5 *
new Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1). ( nouveau Tribunal ) * [Note: Section 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5 24
Powers, duties and functions 24 Wherever, in any Act of Parliament, in any instrument made under an Act of Parliament or in any contract, lease, licence or other document, a power, duty or function is vested in or is exercisable by the former Tribunal, the power, duty or function is vested in or is exercisable by the new Tribunal.
Transportation Appeal Tribunal of Canada Act — T-18.5 Appropriations
Appropriations * 25 Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Tribunal and that, on the day on which section 44 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Tribunal. * [Note: Sections 25 and 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5 Members of Tribunal
Members of Tribunal * 26 The Chairman, Vice-Chairman and other members of the former Tribunal immediately before the coming into force of section 44 shall, on the coming into force of that section, occupy the positions of Chairperson, Vice-Chairperson and members, respectively, with the new Tribunal until the expiry of the period of their appointment to the former Tribunal. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5 Employment continued
Employment continued * 27 (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of section 44, occupied a position with the former Tribunal, except that each of those persons shall, on the coming into force of that section, occupy their position with the new Tribunal. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Definition of employee (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
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References 28 Every reference to the former Tribunal in any deed, contract, agreement or other document executed by the former Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the new Tribunal.
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Rights and obligations 29 All rights and property of the former Tribunal and of Her Majesty in right of Canada that are under the administration and control of the former Tribunal and all obligations of the former Tribunal are transferred to the new Tribunal.
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Commencement of legal proceedings 30 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Tribunal may be brought against the new Tribunal in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Tribunal.
Transportation Appeal Tribunal of Canada Act — T-18.5 Continuation of legal proceedings
Continuation of legal proceedings * 31 Any action, suit or other legal proceeding to which the former Tribunal is a party that is pending in any court immediately before the day on which section 44 comes into force may be continued by or against the new Tribunal in the same manner and to the same extent as it could have been continued by or against the former Tribunal. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5 Continuation of proceedings
Continuation of proceedings * 32 (1) Proceedings relating to any matter before the former Tribunal on the coming into force of section 44, including any matter that is in the course of being heard by the former Tribunal, shall be continued by the new Tribunal. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Application of provisions * (2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the Aeronautics Act as that Act read immediately before the coming into force of section 44. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Directions re proceedings * (3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order is made on the coming into force of section 44 shall be discontinued or continued by the new Tribunal, as the case may be, on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties. * [Note: Section 44 in force June 30, 2003, see SI/2003-128.]
Transportation Appeal Tribunal of Canada Act — T-18.5 Coming into force
Coming into force * 73 The provisions of this Act, other than sections 71 and 72, come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 71 and 72 in force on assent December 18, 2001; sections 1 to 45, 52 to 54 and 60 to 70 in force June 30, 2003, see SI/2003-128; sections 55 to 59 in force June 30, 2005, see SI/2005-61; sections 46 to 51 repealed before coming into force, see 2008, c. 20, s. 3.]
Department of Transport Act — T-18 1
Short title 1 This Act may be cited as the Department of Transport Act . R.S., c. T-15, s. 1
Department of Transport Act — T-18 2
Definitions 2 In this Act, canal means every canal and lock that belongs to Canada and includes every canal and lock acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and all works and property appertaining or incidental to such a canal or that are placed under the management, charge and direction or the control of the Minister of Transport by the Governor in Council; ( canaux ) railway means every railway and the rolling stock thereon that belongs to Canada, and includes every railway and the rolling stock thereon acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and all works and property appertaining or incidental to such a railway, or that are placed under the management, charge and direction or the control of the Minister of Transport by the Governor in Council. ( chemins de fer ) R.S., c. T-15, s. 2
Department of Transport Act — T-18
canal means every canal and lock that belongs to Canada and includes every canal and lock acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and all works and property appertaining or incidental to such a canal or that are placed under the management, charge and direction or the control of the Minister of Transport by the Governor in Council; ( canaux )
Department of Transport Act — T-18
railway means every railway and the rolling stock thereon that belongs to Canada, and includes every railway and the rolling stock thereon acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public money is voted and appropriated by Parliament, except works for which money has been appropriated as a subsidy only, and all works and property appertaining or incidental to such a railway, or that are placed under the management, charge and direction or the control of the Minister of Transport by the Governor in Council. ( chemins de fer )
Department of Transport Act — T-18 3
Department established 3 (1) There is hereby established a department of the Government of Canada called the Department of Transport over which the Minister of Transport appointed by commission under the Great Seal shall preside. Minister (2) The Minister holds office during pleasure and has the management and direction of the Department. R.S., c. T-15, s. 3
Department of Transport Act — T-18 4
Deputy head 4 The Governor in Council may appoint an officer called the Deputy Minister of Transport to hold office during pleasure and to be the deputy head of the Department. R.S., c. T-15, s. 4
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Secretary of the Department 5 (1) A secretary of the Department may be appointed, in the manner authorized by law, to hold office during pleasure. Acting Secretary (2) In case of the absence of the Secretary or of the Secretary’s inability to act, the Minister may, in writing, authorize any other officer of the Department to act as Secretary. R.S., c. T-15, s. 4; 1984, c. 40, s. 72
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Duties of Secretary 6 The Secretary shall, unless otherwise directed in any case by the Minister, (a) keep separate accounts of the moneys appropriated for and expended on each railway or canal under the management, charge and direction of the Minister; (b) submit those accounts to be audited in such manner as is determined by law or by the Governor in Council; (c) have charge of all plans, contracts, estimates, documents, titles, models and other like things relating to any railway or canal under the management, charge and direction of the Minister; (d) keep proper accounts with each contractor or other person employed by or under the Department; (e) ensure that all contracts are properly drawn up and executed; (f) prepare all certificates on which any certificate for the payment of money is to issue; (g) keep minutes of all proceedings of the Department; (h) prepare reports and conduct, under the direction of the Minister, the correspondence of the Department; and (i) generally, do and perform all such acts and things appertaining to the business of the Department as are required by the Minister. R.S., c. T-15, s. 5
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Minister’s responsibilities for canals 7 (1) The Minister has the management, charge and direction of (a) all Government canals and works and property pertaining or incidental to them; (b) the collection of tolls on the canals and matters incidental to their collection; and (c) the officers and persons employed on the canals. Idem (2) The Minister has and may exercise and carry out any of the powers, duties and functions vested, immediately prior to November 2, 1936, in the Minister of Marine and with respect to civil aviation in the Minister of National Defence, by any Act, order or regulation. Minister to have supervision over boards, etc. (3) The powers, duties and functions of the Minister extend and apply to such boards and other public bodies, subjects, services and properties of the Crown as may be designated or assigned to the Minister by the Governor in Council, over and of which the Minister shall have the control, regulation, management and supervision. R.S., 1985, c. T-18, s. 7; 1996, c. 10, s. 271.1
Department of Transport Act — T-18 7.1
Inquiries 7.1 (1) The Minister may, with the approval of the Governor in Council, appoint and direct any person to inquire into and report on any matter or thing that the Minister is authorized to deal with under the Canada Transportation Act or under a Special Act as defined in section 87 of that Act. Powers on inquiries (2) Section 39 of the Canada Transportation Act applies, with such modifications as the circumstances require, in respect of any inquiry under subsection (1) and every person summoned to attend before a person making any such inquiry is entitled to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. R.S., 1985, c. 28 (3rd Supp.), s. 353; 1996, c. 10, s. 272
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Construction or repair of works 8 The Minister shall direct the construction, maintenance and repair of all railways and canals and of all other works appertaining or incidental thereto that are constructed or maintained at the expense of Canada and are placed under the Minister’s management, charge and direction. R.S., c. T-15, s. 9
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Persons and documents 9 (1) The Minister may (a) summon and examine, on oath, all such persons as the Minister deems necessary with respect to any matter on which the Minister’s action is required; (b) cause those persons to bring with them such papers, plans, books, documents and things as it is necessary to examine with reference to the matter; and (c) pay those persons a reasonable compensation for their time and disbursements. Punishment for neglecting to attend (2) Every person summoned by the Minister under subsection (1) who, after due notice of the summons, neglects or refuses to attend and be examined is guilty of an offence and liable on summary conviction to a fine not exceeding twenty dollars. R.S., c. T-15, s. 12
Department of Transport Act — T-18 10
Security to be required 10 (1) The Minister, in all cases in which any public work under the Minister’s control is being carried out by contract, shall take all reasonable care that good and sufficient security is given to and in the name of Her Majesty for the due performance of the work within the amount and time specified for its completion. Passing by lowest tender (2) In all cases in which it seems to the Minister not to be expedient to let any work described in subsection (1) to the lowest tenderer, the Minister shall report the same and obtain the authority of the Governor in Council before passing by the lowest tender. R.S., c. T-15, s. 13