Revised Laws of Saint Lucia (2021)

38.   Suspension for Contravention

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    (1)   The Director General may:

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      (a)     suspend or cancel a civil aviation document on the grounds that the holder of the civil aviation document has contravened any provision of this Act;

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      (b)     suspend a civil aviation document on the grounds that an immediate threat to aviation safety exists, or likely to occur as a result of an act or thing having been or proposed to be done under the authority of the document;

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      €     suspend or cancel a civil aviation document on the grounds that the holder of the document is incompetent or ceases to have the qualification necessary for the issue of a civil aviation document or failed to comply with the conditions for the issue of a civil aviation document;

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      (d)     suspend, cancel or refuse to renew a civil aviation document on medical grounds.

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    (2)   Where the Director General decides to suspend or cancel a civil aviation document pursuant to subsection (1)(a), the Director General shall, by personal service or by registered mail, send to the last known address of the holder of the civil aviation document, a notice of his or her decision and of the effective date of the suspension or cancellation, but no such suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.

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    (3)   Where the Director General decides to suspend a civil aviation document pursuant to subsection (1)(b), the Director General shall, forthwith by personal service or by registered mail send to the last known address of the holder of the civil aviation document in respect of whom the suspension affects, a notice of his or her decision.

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    (4)   A notice under subsection (2) or (3) shall be in such form as the Minister may by regulation prescribe and shall, in addition to any other information that may be so prescribed:

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      (a)     in the case of a suspension or cancellation under subsection (1)(a), indicate the provision of this Act or of the regulation made under this Act that the Director General believes has been contravened;

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      (b)     in the case of a suspension under subsection (1)(b), indicate the immediate threat to aviation safety that the Director General believe exists, or is likely to occur as a result of an act or thing having been, or proposed to be done under the authority of the civil aviation document concerned, and the nature of that act or thing; and

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      €     in the case of subsection (1)€ and (d) indicate, as the case requires,

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        (i)     the nature of the incompetence of the holder of the civil aviation document that the Director General believes exists, the qualifications necessary for the issuance of the document that the Director General believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Director General believes are no longer being met or complied with; or

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        (ii)     the medical grounds on which the decision of the Director General is based; and

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      (d)     state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Director General is to be filed in the event the holder of the civil aviation document wishes to have the decision reviewed.

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    (5)   The Minister may appoint a person, other than the Director General, to conduct a review of a decision to suspend or cancel a civil aviation document under subsection (1).

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    (6)   Where the holder of a civil aviation document is affected by a decision of the Director General pursuant to subsection (1) wishes to have the decision reviewed, he or she shall, on or before the date prescribed under subsection (4) and specified in the notice, by writing, file with the Minister at the address set out in the notice a request for a review of the decision.

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    (7)   A request for a review of the decision of the Director General under subsection (6) does not operate as a stay of the suspension or cancellation of the civil aviation document to which the decision relates.

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    (8)   Where a request for a review has been filed with the Minister a person appointed by the Minister under subsection (5) for the purpose may, subject to subsection (9), and on application in writing by the holder of the civil aviation document affected by the decision of the Director-General, and after considering such representations that may be made to him or her by the holder of the civil aviation document and the Director General, direct that the suspension or cancellation of a civil aviation document pursuant to subsection (1)(a) be stayed until the review of the decision of the Director General has been concluded.

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    (9)   On receipt of a request filed in accordance with subsection (6), the Minister shall:

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      (a)     within 15 days of the receipt of the request for review of suspension; and

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      (b)     within 7 days of the request for review of cancellation or refusal to renew a civil aviation document, appoint a time and place for the review of the decision referred to in the request and in writing notify the Director General and the person who filed the request of the time and place so appointed.

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    (10)   At the time and place appointed under subsection (9) for the review of the decision, the person appointed by the Minister to conduct the review shall provide the Director General and the holder of the civil aviation document affected by the decision with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the review of the suspension, cancellation or the refusal to renew the civil aviation document.

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    (11)   On a review, under this section, of a decision of the Director General to suspend or cancel a civil aviation document or refusal to renew a civil aviation document, the person appointed by the Minister to conduct the review may determine the matter by:

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      (a)     confirming the suspension or cancellation or refusal to renew a civil aviation document or substituting his or her decision for the decision of the Director General; or

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      (b)     in a case of a decision to suspend under paragraph (b) of subsection (1), requesting the Director General to reconsider whether the immediate threat to aviation safety referred to in subsection (1)(b) that occasioned the suspension continues to exist or is likely to occur.

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    (12)   On receipt of a request under subsection (8), the Director General shall forthwith reconsider the matter and give a notice of his or her decision to the holder of the civil aviation document, who made the request and the person appointed by the Minister to conduct the review.

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    (13)   On a review under this section of a decision of the Director General to refuse to renew a civil aviation document on medical grounds, the burden of establishing that the Director General's decision in the matter is unjustified is on the person requesting the review.

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    (14)   On a review under this section of a decision of the Director General to suspend, cancel or refuse to renew a civil aviation document, the person appointed by the Minister to conduct the review may determine the matter by confirming the suspension, cancellation or refusal to renew or by referring the matter back to the Director General fore consideration.

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    (15)   Where a matter of the suspension or cancellation of, or refusal to renew, a civil aviation document is referred back to the Director General for reconsideration under subsection (14), the Director General shall forthwith reconsider the matter and give a notice of his or her decision to the holder of the civil aviation document who made the request and the person appointed by the Minister to conduct the review.

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    (16)   The Minister may apply the provisions of this Part for a further review of a decision of the Director General.