Aeronautics Act

Marginal note:Request for review of determination

• 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.

• Marginal note:Request for review of compliance

  (1.1) A person who is served with a notice of default under subsection 7.62(6) and who wishes to have the Minister’s decision made under that subsection reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.

• Marginal note:Time and place for review

  (2) On receipt of a request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (4) The burden of establishing that a person has committed a violation or has not complied with the assurance of compliance referred to in the notice of default is on the Minister.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have committed a violation is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Certain defences not available

  (6) Despite subsection 7.61(5), for the purposes of a request for review under subsection (1.1) a person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance.