Aeronautics Act

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) or 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 7(7) 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) or 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 7(7), 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 until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety.