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

Act current to 2018-07-05 and last amended on 2015-02-07. Previous Versions

Marginal note:Evidence
  •  (1) Subject to subsections (2) and (3),

    • (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power pursuant to section 19 and stating the results of the exercise of the power, or

    • (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator pursuant to subsection 19(9)

    is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.

  • Marginal note:Notice

    (2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

  • Marginal note:Cross-examination

    (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

Consequential Amendments and Repeal

 [Amendments and repeal]

Transitional

Marginal note:Canadian Aviation Safety Board
  •  (1) Any matter that is in the course of being investigated, or that has been investigated, by the Canadian Aviation Safety Board but on which the report has not been made by that Board when section 41 of this Act comes into force shall, on the coming into force of section 41, subject to anything to the contrary in the policies established under paragraph 8(1)(b), be taken up and continued by the Canadian Transportation Accident Investigation and Safety Board, without further formality, as if it were, or had been, an investigation under this Act.

  • Marginal note:Privilege to continue

    (2) Where, before the coming into force of section 41 of this Act, information was obtained by an investigator pursuant to paragraph 19(g) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

    • (a) subsection 20(3) of the Canadian Aviation Safety Board Act continues to apply in respect of that information; and

    • (b) “Board” in that subsection shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

  • Marginal note:Idem

    (3) Where a cockpit voice recording, as defined in section 32 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, sections 32 to 35 of the Canadian Aviation Safety Board Act, except subsection 33(2), continue to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

    • (a) “Board” in subsections 33(3) and 34(1) shall be read as “Canadian Transportation Accident Investigation and Safety Board”;

    • (b) subsection 33(4) shall be deemed to read as follows:

      • “(4) The Canadian Transportation Accident Investigation and Safety Board shall make available any cockpit voice recording obtained under this Act to

        • (a) a peace officer authorized by law to gain access thereto;

        • (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or

        • (c) any person carrying out a co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”; and

    • (c) “this Act” in subsection 34(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act”.

  • Marginal note:Idem

    (4) Where an air traffic control recording, as defined in section 36 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, section 36 of the Canadian Aviation Safety Board Act, except subsection (2) thereof, continues to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

    • (a) in subsections 36(3) and (4), “Board” shall be read as “Canadian Transportation Accident Investigation and Safety Board”, and in subsection 36(3), “release” shall be read as “communicate” and “released” shall be read as “communicated”; and

    • (b) subsection 36(5) shall be deemed to read as follows:

      • “(5) The Canadian Transportation Accident Investigation and Safety Board shall make available any air traffic control recording obtained under this Act to

        • (a) a peace officer authorized by law to gain access thereto;

        • (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or

        • (c) any person carrying out a co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”.

  • Marginal note:Idem

    (5) Where a statement, as defined in section 37 of the Canadian Aviation Safety Board Act, was obtained by the Canadian Aviation Safety Board or by an investigator before the coming into force of section 41 of this Act, sections 37 to 40 of the Canadian Aviation Safety Board Act continue to apply in respect of that statement after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

  • Marginal note:Idem

    (6) Where, before the coming into force of section 41 of this Act, a person reported an aviation occurrence to the Canadian Aviation Safety Board pursuant to regulations made under subsection 41(1) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

    • (a) subsections 41(2), (4), (5) and (6) of the Canadian Aviation Safety Board Act continue to apply in respect of that report; and

    • (b) “Board” in subsection 41(2) of the Canadian Aviation Safety Board Act shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

 [Repealed, 1996, c. 10, s. 207]

Marginal note:Inquiries under section 40 of Railway Safety Act

 For the sole purpose of enabling the completion under section 40 of the Railway Safety Act of an inquiry by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of an accident or loss of life or property occurring on a railway, where that inquiry was commenced but not completed before the day on which section 51 of this Act comes into force,

  • (a) that person continues to have the same powers and duties under the Railway Safety Act as the person had before the person’s appointment under this Act;

  • (b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and

  • (c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Railway Safety Act as if those duties were being performed under this Act.

 
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