Policy on the Appeal Process

  1. Purpose: 

    The Transportation Appeal Tribunal of Canada (the Tribunal) has developed this policy to streamline the appeal process.

  2. Background: 

    The Tribunal has jurisdiction over reviews and appeals of decisions issued by the Minister of Transport (the Minister) and the Canadian Transportation Agency, as expressly provided for under section 2 of the Transportation Appeal Tribunal of Canada Act (theAct) and sections 180.3 and 180.6 of the Canada Transportation Act. Pursuant to section 14 of the Act, the appeal shall be on the merits based on the record of the proceedings before the member from whose determination the appeal is taken. The request for appeal must contain a concise statement of the grounds for appeal, pursuant to section 18 of the Transportation Appeal Tribunal of Canada Rules.

  3. Request for appeal
    1. A party may appeal a review determination within 30 days of the Tribunal's determination. This is a strict deadline, and the Tribunal cannot extend it.
    2. A party wishing to appeal a determination must send a written request to the Tribunal including the ground(s) for appealing the member's determination.
    3. The appeal must be on questions of law, fact, or mixed law and fact.
  4. Appeal procedure
    1. When the Tribunal receives a properly completed request for appeal, it will serve a copy of the appeal request to all parties within 10 days.
    2. An incomplete request for appeal that does not identify the ground(s) for appeal or the questions submitted to the Tribunal may be returned for proper completion.
    3. The parties will be contacted to determine a schedule to hold a pre-hearing conference to determine:
      1. The specific issues and questions to be submitted to the appeal panel;
      2. The order of proceedings;
      3. Whether written submissions are necessary; and
      4. Whether written submissions are to replace oral representations.
    4. At the pre-hearing conference, the parties must inform the Tribunal if they intend to make any preliminary motions.
    5.  Submissions must be filed with the Tribunal by the assigned dates.
    6. When written submissions will be used in lieu of oral representations, the Tribunal will start its deliberation based on the record of the proceedings and the written arguments submitted by the parties.
    7. If it is considered necessary to hold a hearing for oral arguments, when the case requires it (for example, complex cases, cases where the Tribunal has authorized the submission of new evidence), the parties will receive a notice of hearing.
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