Agencies and Administrative Tribunal

topics	agency
transportationappealtribunal	Transportation Appeal Tribunal of Canada Mandate: The Transportation Appeal Tribunal of Canada (TATC) is a quasi-judicial body established in 2003 pursuant to the Transportation Appeal Tribunal of Canada Act. Led by two full-time members and comprises part-time members, all appointed by the Governor in Council (GiC), it provides a recourse mechanism to the national transportation sector regarding administrative actions taken by the Minister of Transport and the Canadian Transportation Agency (CTA) under various pieces of federal transportation legislation. The TATC serves Canadians by conducting hearings of federal enforcement and licensing decisions in the transportation industry. Specifically, the TATC reviews administrative actions related to the aviation, marine, rail, and bridges and tunnels sectors, as well as administrative monetary penalties and medical certificates. More than half of the reviews conducted annually by the TATC relate to aviation decisions (enforcement actions and medical). The remainder of the reviews are in regard to marine decisions (primarily medical restrictions) and rail enforcement decisions. Chairperson: Gary Drouin
canadiantransportationagency	Canadian Transportation Agency Mandate: The Canadian Transportation Agency (the Agency) is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court. As part of Transport Canada’s portfolio, the Agency develops and enforces regulations and rules regarding the rights and responsibilities of transportation service providers and users and resolves related disputes. The Agency makes decisions and determinations on a wide range of matters involving air, marine and rail modes of transportation as set out in the Canada Transportation Act and other legislation. The Agency reports to Parliament through the Minister of Transport. The Agency has three core mandates: To help ensure that the national transportation system runs efficiently and smoothly in the interest of all Canadians; To protect the human right of persons with disabilities to an accessible transportation network; and To provide consumer protection for air passengers. Chairperson and Chief Executive Officer: France Pégeot
shipsourceoilpollution	Ship-source Oil Pollution Fund Mandate: The Ship-source Oil Pollution Fund (SOPF) is managed by an arm’s-length Administrator who is appointed by Order in Council and who reports to Parliament through the Minister of Transport. Established under the Marine Liability Act, SOPF pays compensation for claims related to losses or damage caused by ship-source oil pollution in Canadian waters. The SOPF is generally called upon to compensate claims for oil pollution response costs, or preventive measures taken to minimize damage caused by the discharge — or the risk of a discharge — of any type of oil. The Administrator has a duty to investigate and assess claims made to the Fund and to make an offer of compensation to the claimant for whatever portion of the claim that the Administrator finds to be established and reasonable. Canada’s marine oil pollution liability and compensation regime is based on the polluter pays principle; therefore, it holds ship-owners strictly liable for oil pollution damage caused by their ship. As such, the SOPF is funded by industry members and not from the Consolidated Revenue Fund and taxpayers. The SOPF also fulfills Canada’s obligations to the International Oil Pollution Compensation Funds by reporting oil receipts, and paying Canada’s contributions. Administrator: Mark Gauthier
fundforrailwayaccidents	Fund for Railway Accidents Involving Designated Goods Mandate: The Fund for Railway Accidents Involving Designated Goods (Rail Fund) is managed by an arm’s-length Administrator who is appointed by Order in Council and who reports to Parliament through the Minister of Transport. The mandate of the Rail Fund is to assess and pay out compensation to Canadians in the event of a rail accident involving crude oil where the damages exceed a railway’s required insurance level. Amendments to the Canada Transportation Act that came into force in June 2016 established minimum mandatory levels of insurance for federally regulated railways hauling dangerous goods and established the Rail Fund to cover damages that are over and above railways’ mandatory insurance levels associated with an accident involving designated goods. Currently, crude oil is the only good designated under the Rail Fund. The Rail Fund is financed through a levy, which crude-oil shippers pay. Railways collect the levy and remit it to the Receiver General. Administrator: Mark Gauthier