An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)

Marginal note:2001, c. 32

109. Subsection 81(2) of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts is repealed.

Marginal note:2001, c. 27

110. Section 245 of the Immigration and Refugee Protection Act is repealed.

• 111. (1) On the later of the coming into force of subsection 36(2) of the Transportation Appeal Tribunal of Canada Act and subsection 13(3) of this Act, subsections 7(7) and (8) of the Aeronautics Act are replaced by the following:

  • Marginal note:Determination

    (7) The member of the Tribunal conducting the review may make the following determination:

    • (a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or

    • (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.

  • Marginal note:Effect of decision pending reconsideration

    (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.

  • Marginal note:Request for reconsideration of immediate threat

    (8) If no appeal from a determination under subsection (7) confirming the Minister's decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister's decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

• (2) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 14(1) of this Act, section 7.2 of the Aeronautics Act is replaced by the following:

  Marginal note:Right of appeal

  • 7.2 (1) Within thirty days after the determination,

    • (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or

    • (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may

    • (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

    • (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

  • Marginal note:Effect of decision pending reconsideration

    (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.

• (3) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 2(4) of this Act, the portion of subsection 3(3) of the Aeronautics Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21: