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

Act current to 2016-05-12 and last amended on 2015-02-07. Previous Versions

Canadian Transportation Accident Investigation and Safety Board

Marginal note:Board established
  •  (1) There is hereby established a board to be known as the Canadian Transportation Accident Investigation and Safety Board, consisting of not more than five members appointed by the Governor in Council, at least three of whom shall be full-time members.

  • Marginal note:Qualifications of members

    (2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council, are collectively knowledgeable about air, marine, rail and pipeline transportation.

  • Marginal note:Term of office

    (3) A member shall be appointed to hold office during good behaviour for a term not exceeding seven years, but may be removed by the Governor in Council at any time for cause.

  • Marginal note:Re-appointment

    (4) A member is eligible for re-appointment.

  • Marginal note:Continuity of membership

    (5) In fixing a term of appointment or re-appointment, the Governor in Council shall endeavour to ensure, to the extent that it is practical to do so, that, notwithstanding periodic changes in the membership of the Board, it remains constituted at all times at least partly of persons who have had previous experience as members.

  • Marginal note:Remuneration and fees

    (6) A full-time member shall be paid the remuneration, and a part-time member shall be paid the fees, that are fixed by the Governor in Council.

  • Marginal note:Expenses

    (7) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

  • Marginal note:Retirement pensions

    (8) The full-time members are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Compensation

    (9) The members are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

  • 1989, c. 3, s. 4;
  • 1998, c. 20, ss. 3, 24;
  • 2003, c. 22, ss. 224(E), 225(E).
Marginal note:Chairperson
  •  (1) The Governor in Council shall designate one member to be the Chairperson of the Board.

  • Marginal note:Duties of the Chairperson

    (2) The Chairperson is the chief executive officer of the Board and has exclusive responsibility for managing personnel matters, financial matters and property matters and for all other aspects of the internal management of the Board, including

    • (a) directing the staff and apportioning its work, subject to subsections 10(2) and (3);

    • (b) directing the members and apportioning their work, subject to section 8; and

    • (c) convening meetings in accordance with section 12 and presiding at meetings in accordance with any by-laws made under paragraph 8(1)(a).

  • Marginal note:Chairperson may delegate powers and duties

    (3) The Chairperson may, subject to any limitations specified in the instrument of delegation,

    • (a) delegate to any member any power or duty of the Chairperson relating to

      • (i) convening or presiding at meetings, or

      • (ii) directing the members or apportioning their work; and

    • (b) delegate to the staff of the Board any power or duty of the Chairperson under this Act, except the matters described in paragraph (a).

  • Marginal note:Revocation

    (4) A delegation under subsection (3) may be revoked in writing at any time by the Chairperson.

  • Marginal note:Absence or incapacity of Chairperson

    (5) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, a member designated, either before or after that absence, incapacity or vacancy, by the Governor in Council shall act as Chairperson during the continuance of that absence or incapacity or until a new Chairperson is designated.

  • 1989, c. 3, s. 5;
  • 1998, c. 20, s. 4(E).
Marginal note:Conflict of interest prohibited
  •  (1) A member shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise,

    • (a) be engaged in a transportation undertaking or business, or

    • (b) have an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, except where the distribution is merely incidental to the general merchandising of goods,

    and in this subsection, “transportation” means air, marine, rail or pipeline transportation.

  • Marginal note:Disposal of conflict of interest

    (2) Where any interest referred to in subsection (1) vests in a member for the benefit of the member by gift, will, succession or otherwise, the interest shall, within three months after the vesting, be absolutely disposed of by that member.

  • Marginal note:Conflict of interest prohibited

    (3) During the term of office of a member, in addition to the prohibitions described in subsection (1), the member shall not

    • (a) accept or hold any office or employment, or

    • (b) carry on any activity

    inconsistent with the performance of the member’s duties under this Act.

  • 1989, c. 3, s. 6;
  • 1998, c. 20, s. 24.
Marginal note:Object of the Board
  •  (1) The object of the Board is to advance transportation safety by

    • (a) conducting independent investigations, including, when necessary, public inquiries, into selected transportation occurrences in order to make findings as to their causes and contributing factors;

    • (b) identifying safety deficiencies as evidenced by transportation occurrences;

    • (c) making recommendations designed to eliminate or reduce any such safety deficiencies; and

    • (d) reporting publicly on its investigations and on the findings in relation thereto.

  • Marginal note:Restriction

    (2) In making its findings as to the causes and contributing factors of a transportation occurrence, it is not the function of the Board to assign fault or determine civil or criminal liability, but the Board shall not refrain from fully reporting on the causes and contributing factors merely because fault or liability might be inferred from the Board’s findings.

  • Marginal note:Idem

    (3) No finding of the Board shall be construed as assigning fault or determining civil or criminal liability.

  • Marginal note:Findings not binding

    (4) The findings of the Board are not binding on the parties to any legal, disciplinary or other proceedings.

  • 1989, c. 3, s. 7;
  • 1998, c. 20, s. 5.
Marginal note:Duties of members
  •  (1) The members, at meetings convened in accordance with section 12,

    • (a) shall make by-laws respecting the conduct of business at meetings of the Board;

    • (b) shall establish policies respecting the classes of transportation occurrences to be investigated;

    • (c) shall establish, either generally or in relation to specific classes of transportation occurrences, policies to be followed in the conduct of investigations;

    • (d) shall review reports submitted to them by the Directors of Investigations mentioned in paragraph 10(1)(a) and, after such review, may require the Directors of Investigations to conduct further investigation with respect to any aspect of a transportation occurrence;

    • (e) shall determine the Board’s findings as to the causes and contributing factors of transportation occurrences;

    • (f) shall identify any safety deficiencies as evidenced by transportation occurrences; and

    • (g) shall make such recommendations as they consider appropriate.

  • Marginal note:Policies to be available to public

    (2) The Board shall make available to the public any policies established pursuant to paragraph (1)(b) or (c).

  • 1989, c. 3, s. 8;
  • 1998, c. 20, s. 6.
 
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