Canadian Transportation Accident Investigation and Safety Board Act (S.C. 1989, c. 3)

Act current to 2016-06-06 and last amended on 2015-02-07. Previous Versions

Canadian Transportation Accident Investigation and Safety Board Act

S.C. 1989, c. 3

Assented to 1989-06-29

An Act to establish the Canadian Transportation Accident Investigation and Safety Board and to amend certain Acts in consequence thereof

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Transportation Accident Investigation and Safety Board Act.

Interpretation

Marginal note:Definitions

 In this Act,

aircraft

aéronef

aircraft means any machine, including a rocket, capable of deriving support in the atmosphere from reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine; (aéronef)

aviation occurrence

accident aéronautique

aviation occurrence means

  • (a) any accident or incident associated with the operation of an aircraft, and

  • (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a); (accident aéronautique)

Board

Bureau

Board means the Canadian Transportation Accident Investigation and Safety Board established by section 4; (Bureau)

Chairperson

président

Chairperson means the Chairperson of the Board; (président)

commodity pipeline

commodity pipeline[Repealed, 1998, c. 20, s. 1]

commodity pipeline occurrence

commodity pipeline occurrence[Repealed, 1998, c. 20, s. 1]

coroner

coroner

coroner includes any

  • (a) medical examiner, or

  • (b) other person

carrying out the duties and functions of a coroner; (coroner)

department

ministère

department means

  • (a) any department of the Government of Canada, including the Minister responsible therefor and any person acting on behalf of the Minister,

  • (b) any body listed in the schedule, and

  • (c) any fact-finding authority, body or person established or appointed by any such department, Minister, person or body; (ministère)

Department of National Defence

ministère de la Défense nationale

Department of National Defence includes

  • (a) the Minister of National Defence and any person acting on behalf of the Minister of National Defence, and

  • (b) any fact-finding authority, body or person established or appointed by the Department of National Defence, the Minister of National Defence or a person acting on behalf of the Minister of National Defence; (ministère de la Défense nationale)

dynamically supported craft

engin à portance dynamique

dynamically supported craft means a craft that is designed, used or capable of being used solely or partly for marine navigation and that possesses either of the following characteristics:

  • (a) the weight, or a significant part thereof, is balanced in one mode of operation by forces other than hydrostatic forces, or

  • (b) the craft is able to operate at speeds such that the function v/sqrt(gL) is equal to or greater than 0.9, where “v” is the maximum speed, “L” is the waterline length and “g” is the acceleration due to gravity, all in consistent units; (engin à portance dynamique)

investigator

enquêteur

investigator means a person referred to in paragraph 10(1)(a) or (b); (enquêteur)

marine occurrence

accident maritime

marine occurrence means

  • (a) any accident or incident associated with the operation of a ship, and

  • (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a); (accident maritime)

member

membre

member means a member of the Board; (membre)

Minister

ministre

Minister means the President of the Queen’s Privy Council for Canada; (ministre)

pipeline

pipeline

pipeline means a pipeline that is used for the transportation of commodities and includes all branches, extensions, pumps, racks, compressors, loading facilities, storage facilities, reservoirs, tanks, preparation plants, separation plants, interstation systems of communication and property and works connected therewith; (pipeline)

pipeline occurrence

accident de pipeline

pipeline occurrence means

  • (a) any accident or incident associated with the operation of a pipeline, and

  • (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident referred to in paragraph (a); (accident de pipeline)

railway

chemin de fer

railway includes all branches, extensions, sidings, yards, stations, depots, wharfs, equipment, stores, signals, control systems, railway bridges, tunnels and other property, railway-related structures and facilities, and works connected therewith; (chemin de fer)

railway occurrence

accident ferroviaire

railway occurrence means

  • (a) any accident or incident associated with the operation of rolling stock on a railway, and

  • (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a); (accident ferroviaire)

rolling stock

matériel roulant

rolling stock means every description of car or other railway equipment that is designed for movement on its wheels along a line of railway and, without limiting the generality of the foregoing, includes any locomotive, engine, track motor car, tender, snow-plough, flanger and railway crane that is so designed; (matériel roulant)

ship

navire

ship includes

  • (a) every description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion, and

  • (b) a dynamically supported craft; (navire)

transportation occurrence

accident de transport

transportation occurrence means an aviation occurrence, a railway occurrence, a marine occurrence or a pipeline occurrence. (accident de transport)

  • 1989, c. 3, s. 2;
  • 1998, c. 20, ss. 1, 24(F), 25(E).

Application

Marginal note:Application
  •  (1) This Act applies in respect of aviation occurrences

    • (a) in or over Canada;

    • (b) in or over any place that is under Canadian air traffic control; and

    • (c) in or over any other place, if

      • (i) Canada is requested to investigate the aviation occurrence by an appropriate authority, or

      • (ii) the aviation occurrence involves an aircraft in respect of which, or that is operated by a person to whom, a Canadian aviation document has been issued under Part I of the Aeronautics Act.

  • Marginal note:Idem

    (2) This Act applies in respect of marine occurrences

    • (a) in Canada; and

    • (b) in any other place, including waters described in subsection (3), if

      • (i) Canada is requested to investigate the marine occurrence by an appropriate authority,

      • (ii) the marine occurrence involves a ship registered or licensed in Canada, or

      • (iii) a competent witness to, or person having information concerning a matter that may have contributed to, the marine occurrence arrives or is found at any place in Canada.

  • Marginal note:Application

    (3) This Act also applies in respect of marine occurrences or pipeline occurrences related to an activity concerning the exploration or exploitation of the continental shelf.

  • Marginal note:Idem

    (4) This Act applies in respect of railway occurrences and pipeline occurrences

    • (a) in Canada, if the railway or pipeline is within the legislative authority of Parliament; and

    • (b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority.

  • (5) [Repealed, 1996, c. 31, s. 64]

  • Marginal note:Restrictions re national security

    (6) The application of this Act, or any provision thereof, in respect of transportation occurrences referred to in subsection 18(3) is subject to such restrictions in the interests of national security as are provided by the National Defence Act or by regulations made under that Act or as the Governor in Council is hereby authorized to prescribe by order.

  • Marginal note:Act binding on Her Majesty

    (7) This Act is binding on Her Majesty in right of Canada or a province.

  • 1989, c. 3, s. 3;
  • 1996, c. 31, s. 64;
  • 1998, c. 20, ss. 2, 24, 25(E).
 
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