Canadian Transportation Accident Investigation and Safety Board Act

Version of section 14 from 2003-01-01 to 2003-03-31:

Marginal note:Jurisdiction of Board
  •  (1) Notwithstanding any other Act of Parliament but subject to section 18, the Board may, and if so requested by the Governor in Council shall, investigate any transportation occurrence for the purpose of carrying out the object of the Board.

  • Marginal note:Request by a department or province

    (2) Subject to section 18, the Board may investigate a transportation occurrence where a department, the lieutenant governor in council of a province or the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut requests the Board to investigate and undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation.

  • Marginal note:Exclusive jurisdiction of Board

    (3) Notwithstanding any other Act of Parliament,

    • (a) no department, other than the Department of National Defence, may commence an investigation into a transportation occurrence for the purpose of making findings as to its causes and contributing factors if

      • (i) that transportation occurrence is being or has been investigated by the Board under this Act, or

      • (ii) the department has been informed that that transportation occurrence is proposed to be investigated by the Board under this Act; and

    • (b) where an investigation into a transportation occurrence is commenced by the Board under this Act after an investigation into that transportation occurrence has been commenced by a department, other than the Department of National Defence, the department shall forthwith discontinue its investigation, to the extent that it is an investigation for the purpose of making findings as to the causes and contributing factors of the transportation occurrence.

  • Marginal note:Saving provision

    (4) Nothing in subsection (3)

    • (a) prevents a department from commencing an investigation into or continuing to investigate a transportation occurrence for any purpose other than that of making findings as to its causes and contributing factors, or from investigating any matter that is related to the transportation occurrence and that is not being investigated by the Board; or

    • (b) prevents the Royal Canadian Mounted Police from investigating the transportation occurrence for any purpose for which it is empowered to conduct investigations.

  • Marginal note:Where Board does not investigate

    (5) For greater certainty, where the Board does not investigate a transportation occurrence, no department is prevented from investigating any aspect of the transportation occurrence that it is empowered to investigate.

  • 1989, c. 3, s. 14;
  • 1993, c. 28, s. 78;
  • 1998, c. 20, s. 10.
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