Annual Report 2018-2019
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Annual Report 2018-2019 Annual Report 2018-2019 » www.tatc.gc.ca © Her Majesty the Queen in Right of Canada 2019 Cat. No. TA51 ISSN: 1910-4898 May 31, 2019 The Honourable Marc Garneau, P.C., M.P. Minister of Transport Transport Canada Place de Ville, Tower “C” 330 Sparks Street, 29th Floor Ottawa, Ontario K1A 0N5 Dear Honourable Minister: RE: ANNUAL REPORT 2018-2019 In reference to the above and pursuant to section 22 of the Transportation Appeal Tribunal of Canada Act, I am pleased to submit to Parliament, through your intermediary, the Annual Report of the Transportation Appeal Tribunal of Canada for the fiscal year 2018-2019. It is an honour and privilege to serve Canadians in Canada’s national transportation sector. Respectfully, Charles S. Sullivan Chairperson and Chief Executive Officer Tel.: 613-990-6906 Fax: 613-990-9153 E-mail: [email protected] Transportation Appeal Tribunal of Canada Annual Report 2018-2019 TABLE OF CONTENTS MESSAGE FROM THE CHAIRPERSON ................................................................................ 2 OVERVIEW .................................................................................................................................. 3 INTRODUCTION ............................................................................................................................. 3 MANDATE .................................................................................................................................... 3 OBJECTIVE AND DESCRIPTION ...................................................................................................... 3 BASIC PRINCIPLES ........................................................................................................................ 5 ORGANIZATIONAL STRUCTURE .................................................................................................... 5 ORGANIZATION CHART ................................................................................................................ 6 2018-2019 IN REVIEW ................................................................................................................ 7 EFFECTIVENESS ............................................................................................................................ 7 TATC CASE LAW ........................................................................................................................ 8 TRAINING AND DEVELOPMENT ................................................................................................... 10 PUBLIC OUTREACH .................................................................................................................... 10 RESULTS AND FUTURE PLANS .................................................................................................... 11 TRIBUNAL MEMBERS – FULL-TIME ................................................................................. 13 TRIBUNAL MEMBERS – PART-TIME ................................................................................. 15 RESOURCES .............................................................................................................................. 31 STATISTICAL DATA ............................................................................................................... 32 HISTORICAL DATA ................................................................................................................. 37 TRANSPORTATION APPEAL TRIBUNAL OF CANADA ACT ....................................... 39 Message from the Chairperson It is my pleasure to present the 2018-2019 Annual Report of the Transportation Appeal Tribunal of Canada, in this our 33rd year. The Tribunal, or TATC, is an independent and transparent avenue of adjudication that serves Canadians by conducting review and appeal hearings across the country in the aviation, marine, rail, international bridges and tunnels, and motor vehicle sectors. Through an adjudicative process of reviews and appeals, we play a unique and active role in the relationship between the federal government and the transportation community. Over the past year, the Tribunal experienced an increase in the number of requests for review, appeal, ex parte, certificates and formal rulings. The Tribunal’s mandate has continued to expand in fiscal year 2018-19 as a result of new and amended Acts and Regulations in the federal transportation sector. It is our expectation that enforcement actions under new and amended provisions will produce an increased and ever-changing workload for the Tribunal going forward. Consequently, the TATC is continuously training our part-time members to meet the Tribunal’s expanding mandate. The Tribunal carried out a total of 46 review and appeal hearings in 2018-19, a slight increase from the previous year. In addition, The Tribunal is taking steps to address the significant backlog of cases, which totaled 104 as of March 2019. With the addition of new members and full-time staff appointments, the Tribunal will be well positioned to meet its mandate in the coming months. Notable accomplishments of the Tribunal in 2018-19 include the completion of a new business plan, the training of new part-time members, the inclusion of new legislation from across Canada’s transportation sectors, the establishment of a new protocol to support classified hearings, the introduction of modern technologies and capabilities to support the Tribunal’s mandate, and the relocation of the Tribunal’s office and staff to a new headquarters facility. In closing, I would like to add that it is an honour and privilege to work with such a dedicated group of members and public servants, and to serve Canada in this vital role. Charles S. Sullivan Chairperson and Chief Executive Officer Page 2 of 48 Overview Introduction The Transportation Appeal Tribunal of Canada replaced the Civil Aviation Tribunal in 2003, originally established under Part IV of the Aeronautics Act in 1986. On the recommendation of the Minister of Transport, pursuant to section 73 of the Transportation Appeal Tribunal of Canada Act (TATC Act), assented to on December 18, 2001, being chapter 29 of the Statutes of Canada, 2001, the Act officially came into force on June 30, 2003. The Tribunal is available to hear review and appeal hearings originating from the aviation, marine, rail, motor vehicle safety, and international bridges and tunnels sectors. The Tribunal provides an independent review process for anyone who has been given notice of an administrative or enforcement action taken by the Minister of Transport or the Canadian Transportation Agency (CTA), under various federal transportation Acts. Section 2 of the Transportation Appeal Tribunal of Canada Act establishes the Tribunal and sets out its jurisdiction and decision-making authorities as provided by a variety of federal transportation legislation, including the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act, the Canada Transportation Act, the International Bridges and Tunnels Act, the Canada Marine Act, the Motor Vehicle Safety Act, and the Navigation Protection Act. Mandate The mandate of the Tribunal is to conduct independent review and appeal hearings on administrative and enforcement actions taken by the Minister of Transport and the Canadian Transportation Agency at the request of affected parties from across Canada’s transportation sectors. Objective and Description The Tribunal’s objective is to provide the multimodal transportation community with the opportunity to have enforcement and licensing decisions of the Minister of Transport, as well as enforcement decisions of the Canadian Transportation Agency, reviewed by an independent, quasi-judicial body specialized in transportation law. The decisions that may come before the Tribunal include the issuance of orders, the imposition of monetary penalties or the suspension, cancellation or refusal to renew, issue or amend documents of entitlement on medical or other grounds. The person or corporation requesting a review before the Tribunal is referred to as the applicant or document holder. These decisions are reviewed through an adjudicative process that includes review hearings and appeal hearings. All hearings are held expeditiously, informally, and in accordance with the rules of natural justice. Page 3 of 48 At the conclusion of a hearing and depending on the type of disposition included in the enabling legislation, the Tribunal may confirm the decision, substitute its own decision, or refer the matter back to the Minister for reconsideration. This decision or determination is not done orally and, according to the Transportation Appeal Tribunal of Canada Act, must be rendered in writing by the members who are assigned to adjudicate hearings. Aviation Marine Rail International Motor Bridges & Vehicle Tunnels Safety Administrative actions or Minister ’s decisions include: Minister’s Decision 1. penalties; 2. orders; 3. licensing; and 4. medical decisions. The applicant has 30 days to request a review. Review Hearing before the TATC 6 to Depending on the enabling Determination and legislation, the Tribunal may: Reasons 1. confirm the Minister’s decision; The appellant has 30 2. substitute its own decision; or days to request an 3. refer the matter back to the appeal. Minister for reconsideration. Appeal Hearing before the TATC Depending on the enabling legislation, the Tribunal may: Decision 1. allow the appeal; 2. dismiss the appeal; or 3. refer the matter back