Directive No. 34
Original

Reconsideration of Civil Aviation Tribunal Decisions

Policy Objective:

To document the Civil Aviation policy for reconsiderations of Civil Aviation Tribunal (CAT) decisions.

Background:

Subsection 7(1) of the Aeronautics Act authorizes the Minister to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety exists. Subsection 7(9) of the Act requires the Minister to reconsider his decision at the request of the document holder or the owner or operator of the aircraft, airport or other facility in respect of which the suspended aviation document was issued, where the criteria set out in subsection 7(8) of the Act are met.

Subsection 7.1(1) of the Aeronautics Act authorizes the Minister to suspend, cancel or refuse to renew a Canadian aviation document on medical grounds, to suspend or cancel an aviation document for reasons of incompetence or for ceasing to have the necessary qualifications or meet the conditions of issuance, and to suspend or cancel an aviation document for public interest reasons. Subsection 7.1(9) requires the Minister to reconsider the suspension, cancellation or refusal to renew where the CAT has referred the case back to the Minister for reconsideration.

Subsection 7.1(1) (a) of the Aeronautics Act authorizes the Minister to suspend, cancel or refuse to renew a Canadian aviation document on medical grounds. As above, subsection 7.1(9) is the authority for reconsideration of that decision. Cases for reconsideration are referred to the Director, Civil Aviation Medicine (DCAM). DCAM makes his recommendation to the Director, General Aviation who then makes the final decision.

Policy Statement:

Reconsideration of suspensions or cancellations of Canadian aviation documents must be conducted in a manner that ensures fairness and transparency.

Application:

This Civil Aviation Directive applies to the reconsideration of decisions made pursuant to subsections 7(9) and 7.1(9) of the Aeronautics Act.

This directive does not apply to reconsiderations of decisions made pursuant to subsection 7.1(1)(a) of the Aeronautics Act.

Definitions:

"Responsible authority" means the person who has been authorized to exercise the Minister's reconsideration authority under subsection 7(9) or 7.1(9) of the Aeronautics Act.

Approach:

When a request for reconsideration is made under subsection 7(9) or when a case has been referred by the CAT to the Minister for reconsideration under subsection 7.1(9), the responsible authority shall be identified from the Ministerial Delegation of Authority document.

Where the person that is identified as the responsible authority has been involved in the case under review, that person must not act as the responsible authority. Another person who has the appropriate delegated authority and who has not been involved in the case under review shall act as the responsible authority.

The responsible authority shall appoint a team of at least three people who will review the case and make a recommendation to the responsible authority respecting the reconsideration. Team members must have the appropriate expertise to review the case.

The members of the team must not have had any involvement in the file under review. To ensure the objectivity of the team members, the responsible authority shall appoint team members from a region different from the region in which the case originated.

The team members must thoroughly review the circumstances prompting the suspension or cancellation, any information revealed at the hearing or hearings that bears directly on the circumstances of the suspension or cancellation, and the tribunal decision(s). The team shall prepare a report setting out the factors that the team considered, the conclusions it reached and the recommendation the team is making to the responsible authority. Where a team member disagrees with the recommendation, that team member must set out the reasons for their disagreement.

The responsible authority shall review the team report and may accept or reject the team's recommendation. In the event that the responsible authority rejects the recommendation of the team, the responsible authority must document the reasons for the rejection.

In the case of a reconsideration under subsection 7(9) of the Aeronautics Act, the responsible authority shall prepare a notice that meets the requirements of subsection 7(2) of the Act. The responsible authority shall serve the notice, in accordance with subsection 7(1) of the Act, on the person who requested the reconsideration and shall send a copy of the notice to the person who authorized the suspension of the Canadian aviation document.

In the case of a reconsideration under subsection 7.1(9) of the Aeronautics Act, the responsible authority shall prepare a letter that sets out the Minister's decision and that explains the reasons for the decision and the factors taken into consideration in coming to the decision. The responsible authority shall send the letter to the parties to the CAT hearing, the CAT and the Director of Regulatory Services.

Reconsideration of action taken under paragraphs 7.1(1)(b) and (c) of the Aeronautics Act with respect to Subpart 604 or Part VII of the Canadian Aviation Regulations is subject to the policies and procedures developed by Commercial and Business Aviation, which meet the requirements of this policy.

Any related functional policy documents must state that the functional policy meets the requirements of this directive.

Further Information:

Franz Reinhardt
Director, Regulatory Services (AARB)
Telephone: (613) 990-1224
Facsimile: (613) 990-1198
E-mail: reinhaf@tc.gc.ca

Merlin Preuss
Director General
Civil Aviation

Effective date: December 2, 2002
Expiry date: This directive will be reviewed annually.