Guide for Parties Appearing Before the Transportation Appeal Tribunal of Canada

Who is this guide for?

This guide is intended for applicants (individuals or organizations who have asked the Transportation Appeal Tribunal of Canada (the Tribunal) to review an administrative action) and respondents (the Minister of Transport or the Canadian Transportation Agency). Applicants and respondents are collectively referred to as parties.

This guide explains the steps involved in the Tribunal's review and appeal processes. It is intended to help parties understand what to expect and how to prepare for their participation in a proceeding. It may be particularly useful for individuals who choose to represent themselves.

Parties may be represented by a lawyer or any other person of their choosing, or they may represent themselves.

This guide does not cover every situation that may arise before the Tribunal. If you have questions about your case or require additional information, please contact the Registry at 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 review process for certain administrative actions taken by the Minister of Transport or the Canadian Transportation Agency.

These administrative actions generally involve:

• a monetary penalty (fine) issued for an alleged violation of a transportation law or regulation (often called a Notice of Violation or an Administrative Monetary Penalty (AMP)); or
• the suspension, cancellation, refusal to issue, or refusal to renew a licence, certificate, or medical certificate.

If an administrative action has been taken against you, the notice or letter you receive from the Minister of Transport or the Canadian Transportation Agency will identify the type of action and explain your right to request a review. Throughout this guide, the administrative action may also be referred to as the decision of the Minister or the Agency.

The Tribunal has authority to review administrative actions made under various federal transportation laws and regulations.

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

A Tribunal member is an independent and impartial decision-maker responsible for hearing your case and deciding whether the Minister's or the Agency's administrative action was justified. Tribunal members are appointed based on their expertise in the transportation sectors under the Tribunal's jurisdiction. In medical cases, the member assigned to the case will also have relevant medical expertise.

The Tribunal Registry is your main point of contact throughout the review or appeal process. Registry staff do not decide cases and cannot influence the outcome of a proceeding. Their role is to support the Tribunal's operations by managing documents, coordinating communications between the parties, scheduling hearings and case management conferences, and answering questions about the Tribunal's procedures.

You may contact the Registry at Registry-Greffe@tatc.gc.ca if you have questions about the Tribunal's processes or your case.

What is the difference between a review and an appeal?

The Tribunal conducts two types of hearings:

• A review hearing examines an administrative action taken by the Minister of Transport or the Canadian Transportation Agency.
• An appeal hearing examines a decision previously made by the Tribunal following a review hearing. If a party disagrees with the review decision, they may request an appeal. Appeal hearings are typically heard by a panel of three Tribunal members.

In a review hearing, the Tribunal determines whether the Minister's or the Agency's administrative action was justified.

In an appeal hearing, the Tribunal determines whether the review member made an error in reaching their decision.

How do I request a review?

To request a review, you must submit a written request to the Tribunal by the deadline indicated in the notice you received from the Minister of Transport or the Canadian Transportation Agency.

Your request for review should contain the following information:

• Your name, address, telephone number and email address;
• A copy of the notice or decision you received from the Minister or the Agency;
• The name and contact information of your representative, if you have one; and
• Your preferred official language (English or French).

To make the process easier, we recommend using the Tribunal's Request for review or appeal form to submit your request.

Your can also send your request by email to Registry-Greffe@tatc.gc.ca, by facsimile to 613-990-9153, or by regular mail to the following address:

Transportation Appeal Tribunal of Canada
235 Queen Street, Room 400B
Ottawa, Ontario
K1A 0H5

What happens if my request for review is late?

A request for review must be received by the Tribunal on or before the deadline indicated in the notice you received. In some cases, however, the Tribunal may grant an extension of time.

If you miss the deadline, you may submit a written request asking the Tribunal to extend the time for filing your request for review. To learn more about the information that must be provided, please consult the Tribunal's Policy on Late Applications.

The Tribunal will consider the reasons for the delay, as well as any response provided by the Minister or the Agency, before deciding whether an extension should be granted.

• If your request is granted, the Tribunal will open a file and proceed with your request for review.
• If your request is denied, the Tribunal will not hear your request for review.

You can find the Tribunal's contact information in the "How do I request a review?" section of this guide.

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 and the file is ready to proceed, the Tribunal will contact both parties (the applicant and the respondent) to schedule a case management conference by videoconference.

A case management conference is not a hearing. Your case will not be decided during the CMC. Instead, the purpose of the CMC is to help the parties prepare for the hearing and ensure that the case can proceed efficiently.

The case management conference allows the parties and the Tribunal to:

• Clarify the issues in dispute;
• Confirm that disclosure has been completed;
• Discuss any procedural questions or concerns;
• Identify any preliminary matters that need to be addressed; and
• Ensure that both parties are ready to proceed with the hearing.

The case management conference is also used to schedule a hearing date. Parties will be asked to confirm the availability of any witnesses or other participants. Once the parties agree on a hearing date, the Tribunal will issue a Notice of Hearing setting out the date, time, and format of the hearing. 

What is disclosure?

As the person who requested a review of the Minister's or the Agency's decision, you have the right to know what information was used to make that decision. This information is usually provided to you by the Minister or the Agency in the form of disclosure documents.

You should receive the disclosure documents before the case management conference (CMC) to allow you sufficient time to review the information and prepare your case. During the CMC, the presiding member will confirm that the disclosure process has been completed or will set a deadline for the disclosure documents to be provided.

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 through the TATC website. It allows parties to file, receive, and retrieve documents and exhibits electronically. All documents remain accessible through the system until the file is closed.

The Secure Repository System enables parties and the Tribunal to securely exchange documents and ensures that documents are served on all parties.  

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

Click here to create a profile

What is a motion or preliminary request? 

A motion or preliminary request is a written request asking the Tribunal to decide a procedural issue before the hearing takes place.

A party may bring a motion or preliminary request when they want the Tribunal to address an issue, clarify a matter, or make a ruling before the hearing. Both parties will have an opportunity to provide submissions before the Tribunal decides the matter.

Resolving these issues in advance helps ensure that the hearing proceeds efficiently and focuses on the matters in dispute.

For example, a party may ask the Tribunal to:

• order the disclosure of additional documents;
• allow new evidence to be presented at an appeal hearing;
• hold all or part of a hearing in private; or
• address another procedural issue that may affect the hearing.

Parties should raise motions and preliminary requests as early as possible, preferably during the case management conference (CMC). Raising these issues in advance can help avoid delays and reduce the risk that a hearing will need to be postponed or adjourned.   

What is a hearing?

A hearing (review or appeal) is scheduled once the parties are ready to proceed. A hearing is a formal proceeding during which both parties present evidence and submissions to the Tribunal member in support of their position.

During the hearing, the Tribunal member may ask questions to help determine whether the Minister's or the Agency's administrative action was justified.

What are the steps in a review hearing?

The Tribunal strives to conduct hearings in a manner that is efficient, fair, and easy for all parties to understand.

During a review hearing, both parties may present evidence, call witnesses, question witnesses, and make submissions in support of their position.

However, the burden of proof rests with the Minister of Transport or the Canadian Transportation Agency. This means that the Minister's or the Agency's representative must demonstrate, on a balance of probabilities, that the administrative action being reviewed was justified.

The steps are generally the same for most review hearings, although there may be some differences depending on the transportation legislation involved:

• The hearing begins with an opening statement by the Tribunal member. The member will explain the purpose of the hearing and how it will proceed. The member will also ask whether either party wishes to raise a motion or preliminary request (see "What is a motion or preliminary request?"). Whenever possible, motions and preliminary requests should be raised well before the hearing.
• The parties are then given an opportunity to make opening statements. An opening statement is optional. If you choose to make one, it should be brief and may include a summary of your position, the evidence you intend to present, and the main arguments you will make.
• The Minister's or the Agency's representative presents their case first. Because they bear the burden of proof, they must present evidence to show that the administrative action under review was justified. They may also call witnesses and question them.
• After each witness has testified, the applicant has the right to cross-examine the witness. Cross-examination allows the applicant to ask questions about the witness's evidence.
• Once the Minister or the Agency has finished presenting its case, the applicant may present their case. The applicant may testify, call witnesses, submit evidence, and make arguments. However, the applicant is not required to do so. The burden of proving that the administrative action was justified remains with the Minister or the Agency.
• If the applicant testifies or calls witnesses, the Minister's or the Agency's representative has the right to cross-examine them.
• After both parties have finished presenting their cases, the Tribunal member will invite them to make closing statements. The Minister or the Agency will make its closing statement first, followed by the applicant. The Minister or the Agency will then have a final opportunity to reply.
• The Tribunal member will close the hearing. A written decision will be issued to the parties at a later date.

How is evidence presented during a hearing?

Evidence may include documents, photographs, audio or video recordings, and oral or written testimony from witnesses.

Most evidence is submitted to the Tribunal before the hearing through the Secure Repository System. This online system allows parties to file, manage, and access evidence and other documents related to the case.

All relevant evidence should be presented at the review hearing.

In most cases, new evidence cannot be introduced at an appeal hearing. However, the Tribunal may allow new evidence if it was not previously available and the appeal panel determines that it should be admitted. If you wish to present new evidence at an appeal hearing, you must first make a request to the Tribunal (see "What is a motion or preliminary request?").

If your evidence requires special equipment to be presented (for example, an audio or video recording), you must notify the Registry before the hearing so that appropriate arrangements can be made.

How do witnesses participate in the review hearing?

Either party may call witnesses to give evidence in support of their case. Witnesses must promise to tell the truth by taking an oath or making a solemn affirmation before giving their evidence.

If you wish to call a witness, you must notify the Tribunal and provide the witness's name at least two weeks before the scheduled hearing date. Arrangements for the witness's participation must be made before the hearing.

If you want to ensure that a witness attends the hearing, you may ask the Tribunal Registry to issue a summons. A summons is a legal document requiring a person to attend and participate in a hearing. The summons must be personally served on the witness at least 48 hours before the hearing. The party requesting the summons is responsible for serving it; the Registry will provide the summons but will not serve it on the witness. The party requesting the summons may also be required to pay certain expenses in advance, such as the witness's travel costs.

Witnesses may testify in either official language (English or French). If a witness wishes to testify in the other official language than that of the hearing (for example, if the hearing is being conducted in English and the witness wishes to testify in French), you must notify the Tribunal Registry in advance so that interpretation services can be arranged.

The Tribunal can also provide interpretation services for languages other than English or French. If a witness requires these services, please notify the Registry as soon as possible.

What do I need to know about appeal hearings?

If a party is not satisfied with a decision made following a review hearing, they may request an appeal hearing. The person requesting the appeal is called the appellant.

To request an appeal hearing, you must submit a written request to the Tribunal. The Tribunal Registry must receive your request within 30 days of the date you receive the review decision. This deadline cannot be extended.

Your request should include a brief explanation of why you are appealing the review decision. In particular, you should identify any errors that you believe the review member made in reaching their decision.

If the Tribunal accepts the appeal request, it will normally hold a case management conference before scheduling the appeal hearing.

Appeal hearings are generally heard by a panel of three Tribunal members. The appeal panel reviews the decision made at the review hearing and may also deal with any preliminary issues that arise.

The Tribunal member who conducted the review hearing will not participate in the appeal hearing.

Appeal hearings are generally based on the record of the review hearing, including the evidence, transcripts, and arguments presented at that hearing. As a general rule, new evidence cannot be introduced on appeal. However, the appeal panel may allow new evidence if it was not previously available and considers it necessary for the fair determination of the appeal. A party wishing to present new evidence must first make a request to the Tribunal (see "What is a motion or preliminary request?").

Witnesses do not normally participate in appeal hearings.

Both parties have the opportunity to present oral arguments to the appeal panel. The appellant presents their arguments first, followed by the other party. Each party may also respond to the other party's arguments. The appeal panel may ask the parties to provide written arguments or additional submissions before rendering its decision.

A party who is not satisfied with the appeal decision may apply to the Federal Court for judicial review.

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 take place?

The Tribunal's default hearing format is by videoconference. If you do not have the equipment or technology required to participate, the Registry will work with you to arrange reasonable accommodations, such as providing access to the necessary equipment or reserving a room equipped for videoconferencing.

Tribunal hearings are generally open to the public, except in medical cases. In accordance with Tribunal Practice Direction #2, a party may request that all or part of a hearing be held in private. 

All hearings are recorded, and a copy of the recording is be provided to the parties.  

Can I request that a hearing be postponed?

The Tribunal works to ensure that hearings are conducted fairly and efficiently for all parties. For this reason, parties are expected to be available on the scheduled hearing date and to avoid requesting postponements unless necessary.

The Tribunal may consider a request to postpone a hearing; however, postponement requests are not automatically granted, even if both parties agree to the request. 

A hearing will only be postponed when the Tribunal determines that there are sufficient reasons to do so.

For more information on the process for requesting a postponement or adjournment, please consult the Tribunal's Policy on Postponements and Adjournments.

What is case law?

Case law refers to decisions issued by courts and tribunals. In making its decisions, the Tribunal must consider both the applicable legislation and relevant case law.

Case law can help you understand how courts and tribunals have interpreted and applied the law in cases similar to yours. You may refer to relevant case law to support your arguments before the Tribunal.

The Tribunal provides access to two collections of decisions on its website:

• TATC Decisions – This collection contains all public decisions issued by the Transportation Appeal Tribunal of Canada since 1986.
• Medical Decisions – This collection contains summaries of decisions in medical cases. These summaries do not include any personal or confidential information.

What can the Tribunal decide?

After the hearing, the Tribunal will issue a written decision. The decision will be made by the Tribunal member who conducted the review hearing or, in the case of an appeal, by the appeal panel. The Tribunal will provide the parties with its decision and the reasons supporting it.

The types of decisions that the Tribunal may make depend on the transportation sector, the applicable legislation, and the administrative action being reviewed.

Review decisions

Notices of violation / Administrative Monetary Penalties (AMPs)

The Tribunal may:

• Confirm the Minister's or the Agency's decision;
• Substitute the original decision of the Minister or Agency with its own decision; or
• Confirm, cancel, increase, or decrease the amount of an administrative monetary penalty.

Medical and Licensing Matters

The Tribunal may:

• Confirm the Minister’s decision; or
• Refer the matter back to the Minister for reconsideration.

In aviation cases, where the Tribunal refers a matter back to the Minister for reconsideration, the Minister's original decision may remain in effect until the reconsideration is completed. In such cases, you may be able to request that the Tribunal temporarily suspend the Minister's decision (known as a stay) pending the outcome of the reconsideration.

Appeal decisions

Enforcement Matters

The Tribunal may:

• Dismiss the appeal and confirm the review member’s decision); or
• Allow the appeal and substitute its own decision

Medical and Licensing Matters

The Tribunal may:

• Dismiss the appeal and confirm the review decision;
• Refer the matter back to the Minister for reconsideration; or
• In certain cases, substitute its own decision.

Can the Tribunal award costs?

In most cases, each party is responsible for their own costs and expenses. However, in certain circumstances, the Tribunal may order a party to reimburse another party for reasonable expenses related to the hearing.

The Tribunal may award costs if:

• It determines that a proceeding is frivolous or vexatious;
• A party who requested a review or appeal does not attend the hearing and cannot show a valid reason for their absence; or
• A party requests and is granted an adjournment without providing adequate notice to the Tribunal.

The Tribunal will consider the specific circumstances of each case when deciding whether costs should be awarded.

Can I be represented?

You may represent yourself in a proceeding before the Tribunal or choose to be represented by another person. Your representative may be a lawyer, an association representative, a family member, a friend, or another person of your choosing. Any costs associated with having a representative are your responsibility.

The Tribunal does not provide legal representation and cannot advise you on whether you should obtain a representative.

If you choose to be represented, you should notify the Tribunal as soon as possible and provide the name and contact information of your representative.

Once a representative has been designated, the Tribunal will generally communicate directly with that representative regarding the case.

Outside of a hearing or a case management conference, parties must not communicate directly with a Tribunal member about their case. All communications concerning a case must be made through the Tribunal Registry.

What can a representative do?

A representative can communicate with the Tribunal on your behalf throughout the review or appeal process. You may appoint, change, or remove a representative at any time.

Your representative can help you prepare for your case by:

• creating a Secure Repository System profile;
• filing documents with the Tribunal on your behalf;
• attending the case management conference with you or on your behalf; and
• preparing and presenting written or oral arguments.

Your representative may also assist you during the hearing by:

• explaining your position to the Tribunal;
• questioning you to help you present your evidence;
• questioning witnesses;
• making arguments and responding to the other party's arguments;
• answering questions from the presiding member regarding your position; and
• keeping you informed of communications, requests, or directions from the Tribunal.

You decide how much assistance you want from your representative. For example, your representative may:

• represent you throughout the entire process, including the hearing;
• assist you before the hearing, while you represent yourself at the hearing; and
• represent you only at the hearing, even if you have handled the file yourself up to that point.

You may appoint a representative at any time during the review or appeal process. To do so, simply notify the Tribunal Registry and the other party by email at Registry-Greffe@tatc.gc.ca or by letter.

If you decide to change representatives or no longer wish to have a representative, you must notify the Tribunal. The Registry will update your file and inform the other parties. If you do not notify us of the change, Tribunal correspondence and documents will continue to be sent to your former representative instead of 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
235 Queen Street, Room 400B
Ottawa, Ontario
K1A 0H5

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