Aeronautics Act

Marginal note:Suspension, etc., on medical, etc., grounds

• 7.1 (1) Where the Minister decides

  • (a) to suspend, cancel or refuse to renew a Canadian aviation document on medical grounds,

  • (b) to suspend or cancel a Canadian aviation document on the grounds that the holder of the document is incompetent or the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to have the qualifications necessary for the issuance of the document or to meet or comply with the conditions subject to which the document was issued, or

  • (c) to suspend or cancel a Canadian aviation document because the Minister is of the opinion that the public interest and, in particular, the record in relation to aviation of the holder of the Canadian aviation document or of any principal of the holder, as defined in regulations made under subsection 6.71(2), warrant it,

  the Minister shall, by personal service or by registered mail sent to the holder or to the owner or operator of the aircraft, airport or facility, as the case may be, at the latest known address of the holder, owner or operator, notify the holder, owner or operator of the Minister’s decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate, as the case requires,

    • (i) the medical grounds on which the decision of the Minister is based,

    • (ii) the nature of the incompetence of the holder of the Canadian aviation document that the Minister believes exists, the qualifications necessary for the issuance of the document that the Minister believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, or

    • (iii) the elements of the public interest on which the decision of the Minister is based; and

  • (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review.

• Marginal note:Burden of proof on medical grounds review

  (7) On a review under this section of a decision of the Minister to refuse to renew a Canadian aviation document on medical grounds, the burden of establishing that the Minister’s decision in the matter is unjustified is on the person requesting the review.

• Marginal note:Determination of Tribunal member

  (8) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal conducting the review may determine the matter by confirming the suspension, cancellation or refusal to renew or by referring the matter back to the Minister for reconsideration.

• Marginal note:Effect of reference back for reconsideration

  (9) Where a matter of suspension or cancellation of or refusal to renew a Canadian aviation document is referred back to the Minister for reconsideration under subsection (8),

  • (a) the suspension or cancellation shall cease to be of any force or effect until the Minister decides otherwise as a consequence of the reconsideration; or

  • (b) the Minister shall, as soon as practicable after the referral of the matter back to the Minister if the document concerned has expired, renew the document that he had refused to renew unless the Minister decides not to renew the document as a consequence of the reconsideration.