topics agency
transportationappealtribunal

The Transportation Appeal Tribunal of Canada 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 of a variable part-time members, all appointed by the Governor in Council, it provides a recourse mechanism to the national transportation sector regarding administrative actions taken by the Minister of Transport and the Canadian Transportation Agency under various pieces of federal transportation legislation.

The Transportation Appeal Tribunal of Canada serves Canadians by conducting hearings of federal enforcement and licensing decisions in the transportation industry. Specifically, the Tribunal 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 Tribunal 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

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, and the transportation of persons with disabilities, 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

Established in 1989, the Ship-source Oil Pollution Fund is a special purpose account within the Government of Canada’s Consolidated Revenue Fund. Established under the Marine Liability Act, it operates at arm’s length from the government. The Ship-source Oil Pollution Fund is managed by an Administrator, appointed by Order in Council, who reports to Parliament through the Minister of Transport. The Ship-source Oil Pollution Fund pays compensation for claims related to losses or damage caused by ship-source oil pollution in Canadian waters.

The Ship-source Oil Pollution Fund investigates and assesses claims it receives, and makes offers of compensation to claimants. Canada’s marine oil pollution liability and compensation regime is based on the polluter pays principle; it holds ship-owners strictly liable for oil pollution damage caused by their ship. It is solely funded by industry members. 

The Ship-source Oil Pollution Fund 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

Established in 2016 and operating at arm’s length from the Government of Canada, the Fund for Railway Accidents Involving Designated Goods (Rail Fund) is managed by an Administrator, appointed by Order in Council, 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.

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. At this time, 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