The Canadian Transportation Agency monitors and enforces compliance with the Canada Transportation Act and the following related regulations:
Air Transportation Regulations (ATR)
Personnel Training for the Assistance of Persons with Disabilities Regulations (PTR)
The Agency may issue an administrative monetary penalty (AMP) if certain provisions of the Act and the above regulations are contravened. These provisions are listed in the Canadian Transportation Agency Designated Provisions Regulations (DPR).
Could an AMP happen to you?
The DPR and AMPs affect:
Publicly available air carriers subject to the Act and the ATR; and
Transportation service providers subject to the PTR.
Monitoring and enforcement
The Agency's monitoring and enforcement activities include:
periodic inspections of Canadian-based air carriers licensed by the Agency;
periodic inspections of air, rail and marine terminals falling under the PTR;
targeted investigations that focus on anyone suspected of operating illegal air services in Canada, regardless of their country of origin; and
special field projects, which include educating the public, law enforcement organizations, and certain provincial agencies about the legislation and regulations.
The Agency designates enforcement officers, who have the power to enter and inspect any place other than a dwelling. They can require any person to produce documents or data that may contain relevant information. They can also issue notices of violation (NoV).
A notice of violation (NoV) identifies the alleged violation, names the alleged offender, sets out the penalty, and tells the person how and when to pay the penalty.
Administrative monetary penalties (AMP), as the name suggests, are sanctions in the form of a monetary penalty imposed by the government through a regulatory scheme. An AMP is a form of civil penalty in which an administrative body or regulator seeks monetary relief against an individual or corporate body as restitution for unlawful activity. The unlawful activity is typically defined through legislation and/or regulations.
The goal of AMPs is to promote voluntary compliance with legislation by imposing penalties for non-compliance. Penalties levied are proportionate to the type, severity and frequency of the infraction.
These penalties are one of several ways the Agency can enforce the law; other options include formal reprimands, cease-and-desist orders, licence suspensions or cancellations, and prosecutions.
While the Agency is responsible for administering AMPs, the Transportation Appeal Tribunal of Canada is a quasi-judicial body responsible for review and appeal hearings pertaining to AMPs that are imposed by the Agency under the Act.
If you have allegedly violated the Act or its regulations for the first time, an enforcement officer will normally send you a letter of warning. However, in serious cases, the designated enforcement officer may issue a NoV without first issuing a warning.
After receiving a warning, you have 30 days from the date of the warning to ask the Agency for a review.
After concluding a review, if the Agency decides that you did not commit the violation, it takes no further action. However, if it decides that you did commit the violation, it records the violation and the warning forms part of your record for four years.
Notices of violation
If you violate the same provision within four years, you may receive a NoV. You have at least 30 days from the date that the NoV is issued to pay the AMP or appeal the decision by requesting a review hearing with the Transportation Appeal Tribunal of Canada.
If you do not pay on time, you are deemed guilty by the Transportation Appeal Tribunal of Canada. If you have not requested a hearing, then the Tribunal will issue a certificate for payment.
If you have requested a review hearing, the Tribunal will schedule one to be conducted by a Tribunal member. The Tribunal will notify both you and the designated enforcement officer (the two of you are also known as "the parties"). Hearings are held at or near the place where the contravention allegedly occurred.
Following the review hearing, the Tribunal Member will provide a written determination. Tribunal member may confirm or reject the charge set out in NoV or may substitute herhis own sanction. Either party may appeal the determination by applying to the Tribunal in writing, within 10 days of receiving the determination.
If the determination is appealed, the Tribunal will notify the parties of the date, time and place of the appeal hearing. The Tribunal will also give each party a copy of the record of the proceeding under appeal. Appeal panels usually consist of three Tribunal members and are usually chaired by the chairperson or vice-chairperson of the Tribunal. Following the hearing, all parties will get a copy of the panel's determination. This determination is final and binding on the parties, subject only to judicial review by the Federal Court.
An individual in this case also means a sole proprietorship or partnership. In most cases, an employee is viewed as an agent of the employer. The employer is therefore liable for the misconduct of its employees and is the subject of any enforcement action.