Secure Air Travel Act

Marginal note:Decisions under this Act

• 16 (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.

• Marginal note:Application

  (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.

• Marginal note:Extension

  (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.

• Marginal note:Determination

  (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.

• Marginal note:Removal from list

  (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.

• Marginal note:Procedure

  (6) The following provisions apply to appeals under this section:

  • (a) [Repealed, 2024, c. 16, s. 95]

  • (b) [Repealed, 2024, c. 16, s. 95]

  • (c) [Repealed, 2024, c. 16, s. 95]

  • (d) the judge must provide the appellant and the Minister with an opportunity to be heard;

  • (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;

  • (f) [Repealed, 2024, c. 16, s. 95]

  • (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and

  • (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.

• Marginal note:For greater certainty

  (6.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section.

• Definition of judge

  (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.