2024-2025 Annual Report

Message from the Chairperson

I am pleased to present the 2024-2025 Annual Report of the Transportation Appeal Tribunal of Canada. Year after year, this report highlights the vital and unique role the Tribunal plays in Canada’s transportation sector. The Tribunal adjudicates matters related to administrative and regulatory measures taken by the Minister of Transport and the Canadian Transportation Agency. In this regard, the 2024-2025 fiscal year highlighted the Tribunal’s significant impact on the lives and livelihoods of many Canadians. 

The Tribunal demonstrated resilience amid budget constraints, reduced staffing, and a reorganization of the Administrative Tribunals Support Service of Canada, which provides support to several tribunals, including ours. Our administrative staff met these challenges with exceptional dedication, enabling us to carry out our mandate. I would like to sincerely thank all members of the Tribunal, across all sectors, who continue to apply their expertise with tireless commitment to ensuring access to justice for individuals, businesses, and institutions in Canada. While our collective efforts have surpassed expectations, work is ongoing to secure long-term stability in terms of both staffing and financial resources. 

While some members were awaiting reappointment, their colleagues presided over an exceptional number of review and appeal hearings. Although this situation was temporary, it proved to be demanding. We also observed an increase in requests for hearings to be held in French, even as the number of francophone members available to preside was at its lowest. 

Thanks to the cooperation of the Minister of Transport’s Office and the Privy Council Office, we launched a recruitment process to fill numerous vacancies. This process emphasizes francophone representation and under-represented communities, while also supporting long-term planning as part of my strategy to build future capacity. 

To achieve the Tribunal’s objectives, I adopted a two-pronged approach to member recruitment: first, by exploring best practices and innovative methods to engage stakeholders; and second, by mobilizing transportation experts to ensure diverse representation across disciplines and professional backgrounds. 

Over the past year, the Tribunal undertook several initiatives to modernize its practices and better reflect the evolving realities of Canadian society and the needs of its stakeholders. Highlights include: 

• A complete overhaul of the website—both in content and design—with a launch planned for summer 2025;
• The adoption of plain and inclusive language across all Tribunal decisions and publications;
• The revision of in-person hearing guidelines to improve the experience of the parties;
• The change of virtual hearing platforms to facilitate decision writing and ensure compliance with the Official Languages Act.

Communication with members remains a priority—both to keep them informed of new developments and ongoing activities and to support their continuing professional development. For example, a new guide for in-person hearings was developed to help ensure a safe and healthy environment for all participants. Beginning in 2025, training will be offered by sector, enabling members to discuss issues specific to each mode of transportation. 

On the communications front, we continue to expand our outreach efforts across all areas within the Tribunal’s jurisdiction. As Chairperson, I regularly meet with various organizations and associations to raise awareness of their rights and to explain the Tribunal’s role. These exchanges allow me to gather suggestions for improving our services, while respecting the Tribunal’s neutrality. 

I would also like to note that this year saw an unprecedented number of ex parte applications under the Canada Shipping Act, 2001. These applications require the Tribunal to issue a decision within 24 hours—a unique challenge, given Canada’s six time zones.  

Despite the many changes, the Tribunal’s top priority remains to provide an independent, impartial, and transparent adjudicative process through its review and appeal hearings in its areas of jurisdiction. 

It is a great honour to serve as Chairperson of the Tribunal during this extraordinary period. I work alongside a dedicated group of specialists who serve dynamic and diverse sectors of the Canadian economy. I look forward to continuing our mission and further improving the Tribunal’s operations over the next fiscal year. 

In closing, I wish to emphasize that the Tribunal recognizes that its offices are located on the unceded traditional territory of the Algonquin Anishinaabe Nation, and we are thankful in this regard.

Yours sincerely,

Gary Drouin 
Chairperson 

Overview

Introduction

The Transportation Appeal Tribunal of Canada was established on June 30, 2003, when it replaced the former Civil Aviation Tribunal.

The Tribunal is mandated to hear review and appeal hearings originating from the aviation, marine, rail, motor vehicle safety, and international bridges and tunnels sectors. The Tribunal provides an independent review process for anyone who has been given notice of an administrative or enforcement action taken by the Minister of Transport or the Canadian Transportation Agency, under various federal transportation acts.

Section 2 of the Transportation Appeal Tribunal of Canada Act (TATC Act) establishes the Tribunal and sets out its jurisdiction and decision-making authorities as provided by a variety of federal transportation legislation, including:

• the Aeronautics Act;
• the Pilotage Act;
• the Canada Shipping Act, 2001;
• the Canadian Navigable Waters Act;
• the Canada Marine Act;
• the Marine Transportation Security Act;
• the Marine Liability Act;
• the Wrecked, Abandoned or Hazardous Vessels Act;
• the Railway Safety Act;
• the Canada Transportation Act;
• the International Bridges and Tunnels Act; and
• the Motor Vehicle Safety Act. 

Section 18 of the TATC Act enables the Tribunal to make rules (the TATC Rules) to govern the management of its affairs and the practice and procedure in connection with matters brought before it.

Review and appeal hearings are presided over by a qualified member with expertise within the sector for which the hearing is being heard. In all medical files, a medical doctor, or a qualified person in the medical area for which the hearing is being heard will preside over the hearing. All activities including decisions by members are independent without prejudice to the Minister and their department.

Mandate 

The mandate of the Tribunal is to conduct independent review and appeal hearings on administrative and enforcement actions taken by the Minister of Transport and the Canadian Transportation Agency at the request of affected parties from across Canada’s transportation sectors. 

Objective and Description

The Tribunal’s objective is to provide the multimodal transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport, as well as enforcement decisions of the Canadian Transportation Agency, reviewed by an independent, quasi-judicial body specialized in transportation law. 

The decisions that may come before the Tribunal include the issuance of orders, the imposition of monetary penalties or the suspension, cancellation or refusal to renew, issue or amend documents of entitlement on medical or other grounds. The person or corporation requesting a review before the Tribunal is referred to as the applicant.

These decisions are reviewed through an adjudicative process that includes formal review hearings and appeal hearings. All hearings are held as expeditiously and informally as possible, and in accordance with the principles of natural justice and procedural fairness.

At the conclusion of a hearing and depending on the type of disposition included in the enabling legislation, the Tribunal may confirm the decision, substitute its own decision, or refer the matter back to the Minister for reconsideration. The decision must be rendered in writing by members who are assigned by the Chairperson to adjudicate hearings.

TATC Process

Basic Principles

The basic principles governing the Tribunal are those of independence and transportation expertise. The sound, competent and comprehensive execution of the Tribunal’s mandate determines its effectiveness in dealing with the national transportation community.

Organizational Structure 

The Tribunal’s Chairperson is a full-time member and is its accountable executive, with responsibility for directing and supervising the Tribunal’s work under the TATC Act. This includes the apportionment of work among members, the assignment of members to hear matters brought before the Tribunal and, generally, the conduct of the work of the Tribunal and the management of its internal affairs.

The TATC Act also allows for the appointment of a full-time Vice-Chairperson. This position is currently vacant.

Part-time members of the Tribunal are drawn from across Canada and are appointed based on their transportation sector knowledge and expertise. In 2024-2025, Tribunal membership included 37 part-time members and one full-time member (the Chairperson). The Tribunal requires a roster of 40 to 50 part-time members to fully accomplish its mandate.

In 2024-2025, the TATC received registry, legal, communications and administrative services from the Administrative Tribunals Support Service of Canada (ATSSC) through an integrated secretariat dedicated to eight tribunals. The integrated approach ensures continuity in services and allows for better resource management.

2024-2025 in Review

Case Management Conferences, Hearings and Decisions

The Tribunal’s effectiveness can be measured by its ability to provide the Canadian transportation community with the opportunity to have ministerial and Canadian Transportation Agency decisions reviewed fairly, equitably and within a reasonable period of time.

Delivering quality decisions to affected parties in a timely manner is a key principle of the TATC. While the Tribunal prioritizes quality over speed, a credible and relevant administrative judicial process must strive to provide decisions promptly and as informally as possible.

Case Management Conferences

Prior to a hearing, the Tribunal holds a case management conference (CMC) with the affected parties. The CMC aims to identify any specific issues to be addressed at the hearing, as well as to discuss procedural matters or other topics that may assist in managing the hearing and resolving the case.

Typically, the Tribunal acknowledges requests for reviews or appeals within two days of receiving the formal application and arranges a CMC with the parties within the next two to three months. The Tribunal aims to conduct hearings within 12 months of receiving the applicant's request and to issue review determinations and appeal decisions to the affected parties within 90 and 120 days, respectively, after the hearing concludes.

During 2024-2025, the Tribunal continued holding CMCs by videoconference in all review and appeal matters, except for rail enforcement cases, and only with the consent of the parties involved. A total of 64 CMCs were held during this period. 

CMCs are generally very beneficial to the parties and to the Tribunal. They have been shown to improve communication between the parties and help resolve issues earlier in the process, often before a hearing is scheduled. CMCs are especially helpful for self-represented individuals, particularly those who have never been involved in a hearing process.

In all cases, the Tribunal encourages open communication and the sharing of documents between the parties to help identify issues that can be resolved before adjudication by the Tribunal. This approach shortens hearing times and prevents last-minute adjournments caused by late disclosure of information.

Hearings

In 2024-2025, the registry scheduled 82 hearings. Of these, 28 were held, 22 were postponed at the request of the parties and 28 were cancelled further to a settlement or withdrawal. As a result, the number of hearings held was lower than the previous three years. 

During the reporting period, most hearings were held via videoconference, with some handled through written submissions. Virtual hearings, introduced in 2020, allowed the Tribunal to address more cases annually, improving efficiency in the hearing process and broadening access to justice. They also offered greater flexibility in assigning members since travel is no longer necessary. However, in-person hearings can still be arranged at the request of a party, if the Tribunal deems it the most suitable format for a specific case.

The average elapsed time between the conclusion of a review hearing and the issuance of a determination in 2024–2025 was 162 days, representing a 37 percent increase from the previous year. This increase can be attributed to a significant shortage of resources within the Tribunal Secretariat’s communications team for a large portion of the year, which led to delays in the review and finalization of draft decisions. This issue has since been addressed, with staffing levels in the communications team now restored to support timely processing moving forward.

In the 2024-2025 reporting period, 129 cases (requests for review and requests for appeal) were closed either by a decision of the Tribunal or by one of the parties. It should be noted that of these cases, many requests filed with the Tribunal were resolved shortly before the hearing was scheduled to take place, which means that all the logistical, administrative and support tasks that lead to a formal hearing were completed by the registry.

The cases concluded without a hearing were resolved in several ways: the applicant paid the fine before the hearing commenced, the applicant’s licence was reinstated by Transport Canada before the hearing, the request for a hearing was withdrawn by the applicant following disclosure, the notice was withdrawn by the Minister, or an agreement was reached between the parties through discussion and negotiation.   

Decisions

In 2024-2025, the Tribunal rendered 18 determinations on requests for review, 2 decisions on applications for appeal, 10 determinations on ex parte applications and 45 rulings on motions.  

The TATC Decisions collection contains all public decisions rendered by the TATC since 1986, with the notable exception of medical decisions, which are unavailable to the public for privacy reasons. However, the TATC is making summaries of medical decisions available to the public in an effort to increase access to justice.

Training and Development

The TATC’s commitment to excellence in the delivery of its mandate includes ensuring Tribunal members receive advanced training and development opportunities. When new members are appointed, they receive an intensive four-day in-house training in all aspects of administrative law, adjudication, transportation law, and decision writing. In addition, each new member receives specific training in their attributed sector. Serving members receive regular professional development, including training and webinars related to relevant administrative law matters. Members are also informed of legislative and case law updates. 

Legal counsel assists with pre-hearing, hearing, and post-hearing activities. Members are encouraged to undergo annual professional development. This combined approach helps members to maximize their effectiveness in the adjudicative process, to keep abreast of developments in administrative law and the federal transportation sectors, and to render decisions according to the values and expected outcomes mandated to the Tribunal. The Tribunal’s policies and practice directions are routinely reviewed and updated as required on the TATC website, and all members are kept informed about policy updates, including those pertaining to internal administration.

Training resources for members are available in various formats, including online and electronic formats. Communication with members is continuous and regular updates are provided by the Chairperson regarding the Tribunal’s activities. The Chairperson also provides individual “coaching” when needed and provides guidance when requested. The Tribunal is a corporate member of the Council of Canadian Administrative Tribunals (CCAT) and funded some of the training offered by CCAT for members and staff interested in advancing their knowledge and skills in administrative law and hearing proceedings. 

Public Outreach

Public outreach and sector engagement efforts are crucial for maintaining the Tribunal’s relevance and credibility. These activities help raise public awareness of the Tribunal’s mandate and spark interest in its significant role in conducting independent review and appeal hearings for the Minister of Transport and members of Canada’s transportation sectors. Additionally, sector engagement plays a key role in recruiting new part-time members.

During 2024-2025, outreach efforts were conducted in the rail, aviation and marine sectors. Moving forward, the goal is to substantially expand the Tribunal’s presence and visibility, raising awareness of its mandate among the public and attracting experts who may be interested in serving as Tribunal members. 

The Chairperson’s objective is to increase accessibility and access to justice for parties and Tribunal stakeholders by ensuring processes are easy and clear. To reach this goal, the Tribunal will continue refining its practice directions, policies and guides for parties, ensuring they are written in plain language that is clear to all Canadians. These resources will be designed to be as efficient, user-friendly and helpful as possible.  

Membership

The Tribunal requires a roster of 40 to 50 part-time members who collectively have the expertise required to adjudicate matters in its five current areas of jurisdiction (aviation, marine, rail, international bridges and tunnels, and motor vehicle safety), at the review and appeal levels, and in both official languages.  

All current TATC members can adjudicate matters in English, but only 14 members can adjudicate matters in French and in a limited number of sectors of the Tribunal’s jurisdiction. On March 31, 2025, the Tribunal had a backlog of 40 cases from the aviation sector that could not proceed to a hearing due to the temporary shortage of French-speaking members with the required sector expertise. 

A total of eight TATC members were reappointed in 2024-2025, and a new recruitment process was initiated in collaboration with the Privy Council Office to ensure greater diversity, inclusiveness and compliance with the Official Languages Act. This process reflects the Tribunal’s commitment to equitable representation and linguistic duality. It is our hope that new members will be appointed early in fiscal year 2025-2026 as a result of this enhanced and more inclusive approach.

Full-Time Chairperson

Gary Drouin

Chelsea, Quebec

Gary Drouin was appointed by the Governor in Council for a five-year term as the permanent Chairperson of the Transportation Appeal Tribunal of Canada on December 18, 2024. Mr. Drouin previously served as the interim Chairperson from November 17, 2022. Prior to that, he was appointed Vice-Chairperson on October 7, 2022.

Part-Time Tribunal Members

The following is a complete list of part-time members who served on the Tribunal in fiscal year 2024-2025:

George Ashley

Ottawa, Ontario 
Reappointed for a part-time term of four years on February 18, 2022. 

Sandra Attersley

Dartmouth, Nova Scotia 
Reappointed for a part-time term of four years on November 29, 2021.

Blaine Beaven

Saskatoon, Saskatchewan 
Reappointed for a part-time term of four years on December 2, 2022.

Fazal Bhimji

Delta, British Columbia 
Reappointed for a part-time term of three years on December 2, 2022.

Mark S. Conrad

Winnipeg, Manitoba 
Reappointed for a part-time term of four years on February 18, 2022.

William R. Cottick

Victoria, British Columbia 
Reappointed for a part-time term of three years on December 2, 2022.

Dr. Robert Cronin

Courtenay, British Columbia 
Reappointed for a part-time term of four years on April 29, 2022.

Dr. Thomas V. Davis

Victoria, British Columbia 
Reappointed for a part-time term of four years on February 18, 2022.

Caroline Desbiens 

Lac-Saint-Joseph, Quebec 
Reappointed for a part-time term of four years on November 29, 2021.

Sébastien Desbiens

Québec, Quebec 
Appointed for a part-time term of five years on April 29, 2022.

Yves Duguay

Sainte-Marguerite-du-Lac-Masson, Quebec 
Reappointed for a part-time term of four years on December 2, 2022.

Dr. Antoine Gagnon

Manotick, Ontario 
Appointed for a part-time term of five years on April 29, 2022.

Dr. Linda Garand

Montreal, Quebec 
Appointed for a part-time term of five years on March 25, 2022.

John Gradek

Montreal, Quebec
Reappointed for a part-time term of four years on August 28, 2024.

Martine Guay

Longueuil, Quebec 
Reappointed for a part-time term of five years on May 24, 2024.

Raymon J. Kaduck

Ottawa, Ontario 
Term expired on February 18, 2025.

Dr. David Kim

Nanaimo, British Columbia 
Appointed for a part-time term of five years on February 18, 2022.

Sarah M. Kirby 

Halifax, Nova Scotia 
Reappointed for a part-time term of four years on February 18, 2022.

Dr. Ginette Lalonde-Kontio

Ottawa, Ontario 
Appointed for a part-time term of five years on February 18, 2022.

Joelle Malette

Timmins, Ontario 
Appointed for a part-time term of three years on May 18, 2022.

Tracy Medve

Kelowna, British Columbia 
Reappointed for a part-time term of four years on May 24, 2024.

Tim Meisner

Ottawa, Ontario 
Appointed for a part-time term of five years on June 23, 2022.

David Merrigan

Hammonds Plains, Nova Scotia
Reappointed for a part-time term of four years on August 28, 2024.

Capt. Steven D. Neatt

Halifax, Nova Scotia 
Reappointed for a part-time term of four years on May 24, 2024.

Arnold Marvin Olson

Langley, British Columbia 
Reappointed for a part-time term of three years on April 29, 2022.

Dr. Mitchell Pantel

Kirkland, Quebec 
Appointed for a part-time term of five years on April 29, 2022.

André Paquette

Gatineau, Quebec 
Appointed for a part-time term of four years on June 23, 2022.

Capt. James R. Parsons

St. John’s, Newfoundland and Labrador 
Term expired on December 17, 2024.

Jacqueline Penney

St. John’s, Newfoundland and Labrador 
Reappointed for a part-time term of four years on November 29, 2021.

Franco Pietracupa 

Dollard-des-Ormeaux, Quebec 
Reappointed for a part-time term of four years on May 24, 2024.

Michael J. Regimbal

Beaconsfield, Quebec 
Reappointed for a part-time term of four years on February 18, 2022.

Dr. Dybesh Regmi

Oakville, Ontario 
Appointed for a part-time term of five years on June 20, 2022.

Teryl Robbins

Bedford, Nova Scotia
Reappointed for a part-time term of four years on August 28, 2024.

Dr. Peter Seviour

St. John’s, Newfoundland and Labrador 
Reappointed for a part-time term of four years on May 18, 2022.

Deborah Warren

Surrey, British Columbia 
Reappointed for a part-time term of four years on December 2, 2022.

Keith Whalen

Riverview, New Brunswick 
Reappointed for a part-time term of four years on December 2, 2022.

Andrew Wilson

Ottawa, Ontario 
Reappointed for a part-time term of four years on December 2, 2022.

Financial Resources

Financial resources come from an integrated budget managed by the ATSSC. For more information on this subject, we invite readers to consult the Reports section on the ATSSC website.

Statistical Data 

The following pages contain data tables based on the Tribunal’s new cases received in 2024-2025 and files carried over from previous fiscal years.

The tables are presented according to various interests and categories:

• Total new cases by case type and sector
• Total new cases by region and sector
• Hearings, motions and CMCs by sector
• Overview of the last five years
• Historical caseload

This Annual Report covers the 12 months between April 1, 2024, and March 31, 2025. In this reporting period, the Tribunal registered 189 new requests for review (106 aviation, 53 marine, 29 rail, 1 motor vehicle) and 4 requests for appeal (4 aviation). Of the new 189 requests for review, the Tribunal received 6 new requests on Canadian Transportation Agency enforcement matters.

Additionally, the Tribunal received 10 ex parte applications pursuant to the Canada Shipping Act, 2001 and 32 requests for the issuance of certificates for non-payment of monetary penalties pursuant to the Aeronautics Act, the Canada Shipping Act, 2001, the Railway Safety Act, the Canada Transportation Act and the Wrecked, Abandoned or Hazardous Vessels Act. 

Case Distribution by Type

Case Distribution by Sector

Geographical Distribution – Cases Filed in 2024-2025

In most regions, the aviation sector accounts for the majority of cases, followed by the marine sector. However, the Atlantic region is an exception, where marine cases are more prevalent than aviation cases. Although rail cases make up a smaller share of the Tribunal’s overall caseload, they typically require more hearing days because of the complex evidence and the intricate nature of the issues involved. The Tribunal also received its first request for review of a violation of the Motor Vehicle Safety Act.

Hearings by Sector

Historical Caseload

Historical Case Distribution by Sector, Case Type and Period

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This table shows the evolution of the Tribunal from a unimodal to a multimodal Tribunal. It was only at the beginning of 2010 decade that the Tribunal began to see a significant number of cases from sectors other than aviation. Aviation cases represented 57% of cases filed with the Tribunal during the 2024-2025 fiscal year and marine cases represented 27%. Over the last decade, there has been a steady increase in rail cases.