Guide for Parties Appearing Before the Transportation Appeal Tribunal of Canada

Who is this guide for?

This guide is intended for the applicant (the person or organisation who asked the Transportation Appeal Tribunal of Canada (the Tribunal) to review an administrative action) and the respondent (the Minister of Transport or the Canadian Transportation Agency). The applicant and the respondent are referred to as parties.

This guide describes the steps involved in the Tribunal’s review of an administrative action. This guide may be especially useful for people who are representing themselves in the review and/or appeal process.

Parties have the right to be represented by a lawyer or any other person, or they may choose to represent themselves.

The guide may not cover all situations dealt with by the Tribunal. If you have additional questions about your case, or if you need more information about anything described in this guide, please contact Registry-Greffe@tatc.gc.ca or visit the Tribunal's Web site at http://www.tatc.gc.ca.

What does the Transportation Appeal Tribunal of Canada do?

The Tribunal provides an independent process to review administrative actions taken by the Minister of Transport or the Canadian Transportation Agency.  The administrative actions mostly fall under the following categories:

• A fine issued for an alleged violation of a transportation law or regulation (sometimes called a notice of violation or administrative monetary penalty);
• A suspension, a cancellation, or a refusal to issue or renew a licence, or medical certificate.

A notice or letter from the Minister of Transport, or from the Canadian Transportation Agency, will identify the type of administrative action taken against you. The administrative action may also be referred to as the Minister’s or the Agency’s decision.

The Tribunal can review the administrative action related to a variety of federal transportation legislation.

Who are the Tribunal’s members, and what is the Tribunal Registry?

A Tribunal Member is an independent and impartial individual responsible for hearing your case and making a decision regarding the administrative action. Tribunal Members are experts in the specific areas of transportation for which they were appointed. In cases involving medical matters, the Member assigned to your case will also have specialized medical expertise.

The Tribunal Registry is your point of contact throughout the process. Registry staff do not have a role in deciding the outcome of your case. The role of the Registry is to coordinate information and documents for the Tribunal, to support the administrative requirements of the process (for example, by scheduling hearings), and to help the parties with any questions they might have about the process.

You can contact the Registry at Registry-Greffe@tatc.gc.ca any time you have questions.

What is the difference between a review and an appeal?

The Tribunal holds two different kinds of hearings:

• A review hearing involves the review of a decision made by the Minister or the Agency.
• An appeal hearing is a review of the initial decision made by the Tribunal.  After the Tribunal makes its decision in a review hearing, a party might request an appeal hearing if they disagree with the review decision. The appeal hearing is heard by three members (panel).

How do I request a review? And what information should I include in my request for review?

A request for a review must be submitted in writing to the Tribunal on or before the date identified in the notice you received.

Your request for review should contain the following information:

• Your name, address, telephone number and email address;
• A copy of the notice you received from the Minister or from the Agency;
• The name, telephone number and email address of your legal representative, if you have one;
• The official language (English or French) you would like the Tribunal to use for your case.

Your request can be sent by email to Registry-Greffe@tatc.gc.ca, submitted through the 
Secure Repository System, by facsimile to 613-990-9153, or by regular mail to the following address:

Transportation Appeal Tribunal of Canada
344 Slater Street
15th Floor, Suite 200
Ottawa, Ontario
K1A 0C2

What happens if my request for review is late?

A request for a review must be submitted in writing to the Tribunal on or before the date identified in the notice you received. However, in some cases, the Tribunal may allow for an extension of time.

If you have missed the date identified in your notice, you can consult the Tribunal’s Policy on Late Applications to know what information the Tribunal needs to look at your request. You must file a written request to the Tribunal to ask for a time extension. You can find the Tribunal’s contact information in the “How do I request a review?” section of this guide.

The Tribunal will look at your reasons for the late request, and the response of the Minister or Agency, to decide if an extension is allowed. 

• If your request is accepted, the Tribunal will open a file.
• If your request is denied, the Tribunal will not hear your request for review.

What is a Case Management Conference (CMC)?

After the Tribunal receives your request for a review of the Minister’s or the Agency’s decision, it will contact both parties (the applicant and the respondent) to schedule a case management conference by videoconference.

The case management conference is not where your case is presented and decided. Your case will be decided after the hearing, which will be scheduled later. The purpose of the case management conference is to help the parties prepare for the hearing.

The case management conference is a first step that allows the parties and the Tribunal to:

• Clarify the issues that are in dispute;
• Ensure disclosure documents were provided to the applicant;
• Discuss any procedural questions you might have; and
• Ensure both parties are ready to proceed with a hearing.

The case management conference also involves scheduling a potential hearing date. Parties will be asked to confirm the availability of any witnesses or other participants. Once parties agree to a hearing date, they will receive a Notice of Hearing after the case management conference.

What is disclosure?

As the person who requested a review of the Minister’s or the Agency’s decision, you are entitled to know what information they used to make their decision. This information is usually given to you by the Minister or the Agency in disclosure documents. The disclosure documents should be given to you in advance of the case management conference (CMC), to give you time to review the information and to prepare your case. At the CMC, the presiding member will ensure the disclosure process is completed or set a date by which you should receive disclosure.

If you have not received disclosure documents and the names of witnesses by the date set at the CMC, you can make a request to the Tribunal to have the disclosure documents given to you before the hearing.

What is the Secure Repository System?

The Secure Repository System can be accessed from the TATC website. It’s a system that allows parties to file and retrieve documents and exhibits. All documents are accessible through the repository system until the file is closed.

The repository allows parties and the Tribunal to file protected documents, it ensures service of document to all parties while offering a size limit of 2 gigs per submission.  

The Tribunal strongly encourages parties to create a Secure Repository System profile as early as possible in the process. Click here to create a profile.

What is a motion or preliminary request? 

When a party wants clarification of an issue, they may submit a motion or a preliminary request in writing to the Tribunal, usually in advance of the hearing. The motion or preliminary request asks the Tribunal to decide on certain issues, facts, or key steps that need to be decided before the hearing takes place. Both parties will have an opportunity to provide submissions on the motion or preliminary request. This process helps to make the hearing more efficient and focused by addressing some issues in advance.

For example, parties may make a request to the Tribunal to hold all or part of a hearing in private, or to request additional disclosure of documents.  

It is important to bring up motions or preliminary requests well in advance of the hearing (for e.g., at the CMC), to avoid having to postpone the hearing (for example, the availability of witnesses should be addressed in advance).

What is a hearing?

The hearing (review or appeal) is scheduled when the parties are ready to proceed. A hearing is an official meeting where both parties present information (including, evidence and submissions) to the Member to support their side in a case. During the hearing, the Tribunal member may ask questions that will help them decide whether the Minister or the Agency’s administrative action was justified.

What are the steps in a review hearing?

The Tribunal tries to be as efficient and as informal as possible in its hearings, to ensure the process is fair and easily understood by all parties.

All parties in a review hearing can present evidence, provide witnesses, and make arguments in support of their case. However, the burden of proof is on the Minister of Transport or the Canadian Transportation Agency. This means the Minister’s or the Agency’s representative ultimately is responsible to prove that it is more likely than not that their administrative action was justified.

The steps are the same for most review hearings, though there are some differences in the laws involved in different areas of transportation.

•  First, the Tribunal member will make an opening statement to explain the purpose and the process of the hearing. The member will also ask the parties if there are any motions or preliminary requests to discuss (see “What is a motion or preliminary request?”).  Where possible, motions or preliminary requests should be raised well in advance of the hearing.
• The Tribunal member will then provide the parties with an opportunity to make their own opening statements. You do not have to make an opening statement; it is optional. An opening statement should be short (no more than a few minutes) and may include a brief summary of your position on the matter under review, and a summary of the key evidence and main arguments you will be presenting.
• The Minister’s representative (also referred to as the Case Presenter Officer) will present their case first, since they have the burden of proof. They will present their evidence and question their witnesses, if any.
• After the Minister presents each witness, the Applicant have the right to cross examine those witnesses. This means the Applicant can ask questions to the witnesses.
• Once the Minister has finished presenting their case, the applicant can present their case next, though you are not required to. As noted above, it is up to the Minister’s or the Agency’s Case Presenter to prove that their administrative action was valid.
• If the Applicant chooses to bring a witness or to testify themselves, the Minister’s or Agency’s Case Presenter Officer also has the right to cross examine the Applicant, or their witnesses.
• When both parties have finished presenting their cases, the Tribunal member will offer the parties a chance to make closing statements. The Minister will make its closing statement first, and then the applicant will have a chance to make their statement.  The Minister will be offered an opportunity for the last “reply”.
• The Tribunal member will then close the hearing; the decision will be provided to the parties later.

How is evidence presented during a hearing?

Evidence may include documents, photographs, video/audio recordings, and sworn oral or written testimony provided by witnesses. Most evidence is submitted to the Tribunal in advance of the hearing through the Tribunal’s online Secure Repository System, which enables parties to submit, manage, and access evidence and other documents related to the case.

All relevant evidence should be presented at the review hearing.

New evidence cannot be presented at an appeal hearing, unless that evidence was not previously available, and the Tribunal members agree that it can be presented. To present new evidence at an appeal hearing you must submit a request to present the evidence; please see “What is a motion or preliminary request?”

If the evidence requires special equipment (for example, with some types of audio or video recordings), you must notify the Registry in advance of the hearing.

How do witnesses participate in the review hearing?

Either party can request witnesses to give evidence to support their case. This is referred to as calling a witness. Witnesses must promise to tell the truth (by religious oath or by affirmation). The participation of any witnesses must be arranged in advance of the hearing. To call a witness, you must give their name to the Tribunal at least two weeks before the scheduled hearing date.

If you want to make sure your witness will attend the hearing, you can ask the Tribunal Registry to issue a summons, which is a legal order for a person to participate in a hearing. A summons must be personally served to the witness at least 48 hours before the scheduled hearing date.  The person requesting the summons must serve it – the Registry will only provide you with the form. You will be required to pay certain fees in advance (for example, travel expenses) involved in the witness’s participation in the hearing.

Witnesses may testify in either official language (English or French). If a witness would like to testify in a language other than the language of the hearing (for example, if the hearing is held in English, but the witness’s first language is French), you must notify the Tribunal Registry in advance of the hearing, and arrangements will be made for an interpreter, if necessary. The Tribunal will also arrange and provide interpretation services other than English or French. Please advise the Registry if these services are necessary.

What do I need to know about appeal hearings? And what are the steps in an appeal hearing?

If a party is not satisfied with the Tribunal’s decision after the review hearing, they can request an appeal hearing. The person requesting an appeal is called an appellant. To request an appeal hearing, you must send your request to the Tribunal in writing. Your request for an appeal hearing must be received by the Tribunal Registry within 30 days after the review decision is received. This deadline cannot be extended.

The written request for appeal should include a brief statement about the reason for making the appeal. The Appellant must identify what they believe are errors committed by the review member in their decision (alleged errors). If the Tribunal accepts the request, it will organize a CMC before scheduling a hearing.

An appeal hearing usually is overseen by a panel of three Tribunal members. The appeal hearing looks at a decision made by the Tribunal in a review hearing and may also deal with preliminary issues.

The Tribunal member who decided the review hearing will not be involved in the appeal hearing. The appeal hearing is based on the arguments, evidence, and transcripts contained in the record of the review hearing. New evidence cannot be presented at the appeal hearing, unless that evidence was not previously available, and the appeal panel considers it necessary, and no witnesses participate. To present new evidence you must submit a request or a motion to present new evidence; please see “What is a motion or preliminary request?”

Both parties in an appeal hearing are allowed to make an oral argument, the Appellant goes first. This means the parties have an opportunity to make statements to support their position about the review hearing decision. They can also respond to the oral argument of the other party. The appeal panel may ask the parties to submit their arguments, or additional arguments, in writing, before it makes its decision.

A party that is not satisfy with the decision rendered by the appeal panel can seek a judicial review before the Federal Court.

If an applicant does not appear at the review hearing, they are not entitled to appeal the decision, unless they can establish there was a justifiable reason for their absence from the review hearing.

Where does the hearing happen?

The Tribunal’s default hearing form is by videoconference. If you do not have the technological equipment to participate in the videoconference, the Registry will arrange reasonable accommodations (for example, arranging for equipment rental or reserving a conference room with the necessary equipment).

All hearings are open to the public except for medical cases. Per Practice Direction #2, parties may make a request to the Tribunal to hold all or part of a hearing in private.

The hearing is recorded, and a copy of the recording will be provided to the parties.  

Can I request that a hearing be postponed?

The Tribunal works hard to ensure its hearings are fair and efficient for all parties. The Tribunal expects all parties to respect scheduled hearing dates. The Tribunal will consider requests for postponement, but these requests will not necessarily be approved, even when both parties agree.

Only when necessary, the Tribunal may postpone a hearing. 
To learn more on the process for requesting an adjournment or postponement, please consult the Tribunal’s Policy on Postponements/Adjournments.

What is case law?

Case law includes all the decisions from courts and tribunals. The Tribunal must consider case law as well as the legislation.
Case law can help you to understand what the Tribunal or courts have decided in cases like yours. You can use caselaw to help make arguments in your case. It's like using previous decisions and interpretations to show why the law should be on your side.
There are two collections of decisions publicly available on the Tribunal website: TATC Decisions and Medical Decisions.
The TATC Decisions collection contains all public decisions rendered by the TATC since 1986.
The Medical Decisions collection contains summaries of decisions rendered on medical files. These summaries do not contain any personal or confidential information.

What can the Tribunal decide?

Following the hearing, the Tribunal (either the member who heard the review, or the panel who heard the appeal) will make a decision and will communicate the decision to the parties in writing, together with reasons for the decision.

Depending on the transportation sector, relevant laws, and the specific administrative action in question, the Tribunal may make the following types of decisions on review:

Notices of violation / Administrative Monetary Penalties (AMPs)

• The Tribunal may confirm the decision of the Minister or Agency.
• The Tribunal may substitute the original decision of the Minister or Agency with its own decision.
• The Tribunal may confirm, cancel, increase, or decrease the amount of an administrative monetary penalty.

Medical / Licensing

• The Tribunal may confirm the original decision of the Minister.
• The Tribunal may refer the matter back to the Minister for reconsideration.

In the aviation sector, in cases where the Tribunal refers a matter back to the Minister for reconsideration, the original decision of the Minister may still be in effect until the reconsideration is completed. In these cases, you may have the option to request that the Tribunal temporarily suspend the Minister’s decision (known as a stay) until the reconsideration is completed.

For appeals, the panel may make the following decisions:

Enforcement:

• The Tribunal may
  • dismiss the appeal (confirm the review member’s decision); or
  • allow the appeal and substitute its decision.

Licensing / medical

• The Tribunal may dismiss the appeal (confirm the review member’s decision);
• The Tribunal may refer the matter back to the Minister for reconsideration; or
• In certain cases, the Tribunal may substitute its own decision.

Can the Tribunal award costs?

The Tribunal may award any costs involved in a hearing, and may require reasonable expenses to be reimbursed to any party if:

• The Tribunal determines that the matter involves reasons that are frivolous or vexatious;
• The party that files a request for a review or an appeal does not appear at the hearing, and does not establish that there was sufficient reason to justify their absence; or
• A party asks for and is granted that a hearing be paused (called an adjournment), but the requested adjournment was made without adequate notice to the Tribunal.

Can I be represented?

Parties may represent themselves at a hearing or be represented by another person. That person may be a lawyer, an association representative, a family member, a friend, or another representative. You may have to pay any costs related to having a representative.

The Tribunal is not responsible for providing the parties with a representative and we can’t give you advice on whether you should get a representative.

No matter who your representative is, the Tribunal should be notified when a party will be represented by another person.

Outside of a hearing or a case management conference, under no circumstances should a party attempt to discuss their case directly with a Tribunal member.

What representatives do?

Your representative communicates with the TATC for you throughout the process. You can add or change a representative at any time in your review or appeal.

Your representative can help you prepare for your hearing by, for example:

• creating a Secure Repository System profile;
• sending documents to the TATC for you;
• appearing at the case management conference with you or on your behalf; and
• making written or oral arguments to support your case.

Your representative may also help you at your hearing by, for example: 

• explaining your position;
• questioning you to help you tell your story;
• questioning witnesses;
• making arguments and responding to the other parties’ arguments;
• answering questions from the presiding member about your position; and
• informing you of any additional information or requests from the Tribunal.

You decide when you want help from your representative. They can: 

• represent you for the entire process, including your hearing;
• help you until your hearing, and then you attend your hearing alone; and
• represent you at your hearing even if you managed your case by yourself until then.

Tell us who your representative is.
You can name a representative at any time during the process. You can simply advise the registry and opposing party by email at Registry-Greffe@tatc.gc.ca or by letter.

If you decide to change your representative or stop using a representative, please tell us. We’ll update your file and notify all the parties. If you don’t tell us, we’ll keep sending documents to your old representative, not to you or your new representative.

Where can I get more information?

For more information, please visit the Transportation Appeal Tribunal of Canada website at www.tatc.gc.ca, or contact the Tribunal at:

Transportation Appeal Tribunal of Canada
344 Slater Street
15th Floor, Suite 200
Ottawa, Ontario
K1A 0C2

Telephone: 613-990-6906
Fax: 613-990-9153
Email: info@tatc.gc.ca