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Q. 1 What is the TATC?
A. 1 The Transportation Appeal Tribunal of Canada (TATC) is a multi-modal tribunal, which provides a recourse mechanism to the air, rail and marine sectors with respect to certain administrative actions taken by the Minister of Transport under various pieces of federal transportation legislation. The TATC will hold review and appeal hearings at the request of persons affected by these administrative decisions.
Q. 2 How does the TATC affect the rail sector?
A. 2 A request for a review hearing will be available where any of the following actions under the
Railway Safety Act are taken:
- Screening officer designation actions taken under section 27.1
- Notices and Orders issued under section 31, or
- Ministerial Orders issued under section 32.
Q. 3 Is the TATC a part of Transport Canada?
A. 3 No. The TATC will be independent of the department, though it will report to Parliament through the Minister.
Q. 4 Who will sit on the TATC?
A. 4 Members will be selected and appointed by the Governor in Council on the basis of their specific transportation knowledge and experience. Only members with rail expertise will conduct rail review hearings. With the exception of the chair and vice-chair, only members with rail expertise will conduct appeal hearings.
Q. 5 When will the TATC be in operation?
A. 5 The TATC is scheduled to start operations by June 30, 2003.
Q. 6 Who can initiate a review of Notices and Orders and Ministerial Orders?
A 6 Anyone who receives a section 31 Notice and Order or a section 32 Ministerial Order, issued under the Railway Safety Act, can ask the TATC for a review hearing. Possible recipients of these Orders are railways and municipalities.
Q. 7 Can provincial railways initiate a review of Notices and Orders and Ministerial Orders?
A. 7 Yes. A provincial railway that receives a section 31 Notice and Order or a section 32 Ministerial Order, issued under the
Railway Safety Act, can initiate a review with the TATC.
Q. 8 How can the recipient of a Notice and Order or Ministerial Order initiate such a review?
A. 8 A review can be initiated by contacting the Tribunal within 30 days of receiving a Notice and Order or a Ministerial Order.
The Registrar
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, Room 1201
Ottawa, Ontario, K1A 0N5
http://www.cat-tac.gc.ca
Note: The TATC will replace the current Civil Aviation Tribunal (CAT), which will continue to exist at this address until such time as the TATC is brought into force. At that time the CAT will no longer exist.
Q. 9 By initiating a review, is the department’s decision suspended or stayed?
A. 9 It depends on the type of decision. For instance, a Notice and Order is not stayed when a review is initiated. The requirements must be followed, as set out in the Notice and Order.
Q. 10 After a review has been initiated, is communication with the department prohibited?
A. 10 No. Parties are encouraged to continue to communicate and try to settle the issues in dispute.
Q. 11 Is that the final recourse?
A. 11 No. The outcome of a TATC review may be appealed to the TATC. A three-member panel will hear the appeal. The member who conducted the review hearing cannot be a member of the appeal panel.
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