Commercial and Business Aviation Advisory Circular (CBAAC) No. 0195R

COMMERCIAL AND BUSINESS
AVIATION ADVISORY CIRCULAR

No. 0195R

2002.02.27

Reconsideration of Civil Aviation Tribunal (CAT) Cases

INTRODUCTION

Cases that are being referred by the Civil Aviation Tribunal (CAT) to Transport Canada, Commercial and Business Aviation for reconsideration must be reviewed in a manner that ensures fairness and transparency at all times.

PURPOSE

This Commercial and Business Aviation Advisory Circular (CBAAC) is intended to inform holders of Canadian Aviation Documents of the process followed when a CAT case (pertaining to Canadian Aviation Regulations (CARs) Part VI, subpart 604, and CARs Part VII) has been referred back to the Minister for reconsideration.

This CBAAC replaces CBAAC 0195 dated 2002.01.09.

REFERENCES

Subsections 7.1(8) and (9) of the Aeronautics Act.

BACKGROUND

The Delegation of Authority document, specifically Schedule H-1, #7, has authorized the Director, Commercial and Business Aviation (AARX) to reconsider cases pertaining to CARs Part VI, subpart 604, and CARs Part VII that were sent for referral by the CAT as per subsection 7.1(8) of the Aeronautics Act.

POLICY DEVELOPMENT

Where a matter of the suspension, cancellation of, or refusal to renew a Canadian Aviation Document as per subsection 7.1(1) of the Aeronautics Act (pertaining to CARs Part VI, subpart 604, and CARs Part VII) is referred back to the Minister for reconsideration, the following procedures will be followed:

1. The case shall be forwarded to Commercial and Business Aviation, Operational Standards (AARXB) for processing.
2. A review panel reporting to AARX shall be formed consisting of 2-3 persons who do not have a direct involvement in the case.

   Note: In the case of a Pilot Proficiency Check (PPC) referral, a person would be considered as being directly involved if he or she is:

   1. the Approved Check Pilot (ACP) who conducted the PPC;
   2. the Air Carrier Inspector who monitored the PPC conducted by another ACP;
   3. the immediate supervisor of the person specified in a. and/or b. above;
   4. the Case Presenting Officer who presented the original case; or
   5. any other person who participated in the decision making of the original case.
3. The review panel shall make recommendations to AARX who will determine the Minister's position whether or not to change the original decision.
4. A copy of the Minister's decision shall be sent to the complainant, the Civil Aviation Tribunal, the Regional Manager, Commercial and Business Aviation or the Chief, Airline Inspection (AARXD) implicated within the original case, the Chief, Operational Standards (AARXB), the Director, Regulatory Services (AARBH) and the Chief, Appeals (AARBG).

CONCLUSION

The procedures outlined in this CBAAC are considered fair and equitable for reconsidering cases that are referred to Commercial & Business Aviation from the CAT.

M.R. Preuss
Director
Commercial & Business Aviation

Commercial & Business Aviation Advisory Circulars (CBAAC) are intended to provide information and guidance regarding operational matters. A CBAAC may describe an acceptable, but not the only, means of demonstrating compliance with existing regulations. CBAACs in and of themselves do not change, create any additional, authorize changes in, or permit deviations from regulatory requirements.