Review process for Notices of Violations that set out a warning for contraventions of designated accessibility provisions

Procedures for adjudicating factual reviews of warnings issued under paragraph 180(b)(i) of the Canada Transportation Act (CTA) for contraventions of CTA Accessibility Regulations or the Accessible Canada Act

1. Where a Notice of Violation (NoV) that contains a warning is issued by a Designated Enforcement Officer (DEO) pursuant to subparagraph 180(b)(i) of the CTA, the person named in the NoV (person) may request a review by the Canadian Transportation Agency (Agency) of the facts of the alleged contravention. These Procedures apply to the adjudication, pursuant to subsection 180.61(1) of the CTA, of a request for a review.
2. Pursuant to section 6 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) ( Rules), the Agency dispenses with the application of the Rules to these proceedings, with the exception of sections 3, 4, 6, and 31 of the Rules.
3. The Agency is required to make any submissions or documents filed during these proceedings available on the public record unless a request for confidentiality has been made pursuant to section 31 of the Rules which has been accepted by the Agency. Before submitting documents to the Agency, sensitive information irrelevant or not necessary for the adjudication of the request should be removed.
4. A request for a review must be filed with the Agency within 30 calendar days from the date of an NoV. The Agency may extend the period for filing a request for review on request of the person. The extension request must be filed with the request for a review. The Agency may grant the extension request if it is satisfied that the person could not reasonably file their request for a review within the required period.
5. The request for a review shall:
   • Include a clear and concise statement detailing why the facts do not support the warning issued in the NoV;
   • Be filed with the Agency by the person or the person's representative;
   • Include the full name, address, telephone number and, email address of the person or the representative;
   • If the person is represented by a representative who is not a member of the bar of a province or territory, include an authorization for the representative to act on their behalf;
   • Include the file number indicated at the upper right hand corner of the NoV; and
   • If applicable, provide justification for the request for an extension of the period for the filing of the request for a review.
6. The DEO who issued the NoV has the burden of establishing the facts of the contravention. Within 10 business days after the Agency accepts a request as an application, the DEO must file their submission with the Agency and provide a copy to the person. The submission should contain:
   1. A clear and concise statement of the facts of the contravention; and
   2. Any documentary or other evidence that demonstrate the facts of the contravention, including the investigation report, if any.
7. Within 10 business days after receiving the DEO's submission, the person may file their response with the Agency and provide a copy to the DEO. If the person wants to dispute any of the assertions made by the DEO, the person should include in their response a copy of any supporting document.
8. The DEO may, within 5 business days after receiving the person's response, file a reply with the Agency and provide a copy to the person.
9. Any party may file a request for a decision on any issue that arises within these proceedings that is not provided for under these Procedures. The request must be filed as soon as feasible but, at the latest, on the day of the filing of the DEO's reply. The party must explain why the request should be granted by the Agency.
10. Any document required to be filed with the Agency under these Procedures must be filed electronically with the Secretary of the Agency.
11. After considering the record of the proceedings, the Agency will issue a decision determining either that:
    • The person has not committed the alleged contravention, and no further proceedings will be taken under Part VI of the CTA against the person in respect of that alleged contravention; or
    • The person has committed the alleged contravention and the NoV stands.