Transportation Safety Board Regulations (SOR/2014-37)

Regulations are current to 2017-09-27 and last amended on 2014-07-01. Previous Versions

Transportation Safety Board Regulations

SOR/2014-37

CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT

Registration 2014-02-28

Transportation Safety Board Regulations

P.C. 2014-167 2014-02-28

Whereas, pursuant to subsection 34(3) of the Canadian Transportation Accident Investigation and Safety Board ActFootnote a, a copy of the proposed Transportation Safety Board Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on September 3, 2011 and a reasonable opportunity was afforded to interested persons to make representations to the Canadian Transportation Accident Investigation and Safety Board with respect to the proposed Regulations;

Therefore, the Canadian Transportation Accident Investigation and Safety Board, pursuant to subsections 31(1) and (3) and 34(1)Footnote b of the Canadian Transportation Accident Investigation and Safety Board Acta, makes the annexed Transportation Safety Board Regulations.

Ottawa, January 10, 2014

WENDY TADROS
Chairperson of the Board

His Excellency the Governor General in Council, on the recommendation of the Leader of the Government in the House of Commons, pursuant to subsections 31(1) and (3) and 34(1)Footnote b of the Canadian Transportation Accident Investigation and Safety Board ActFootnote a, approves the annexed Transportation Safety Board Regulations, made by the Canadian Transportation Accident Investigation and Safety Board.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Canadian Transportation Accident Investigation and Safety Board Act. (Loi)

dangerous goods

marchandises dangereuses

dangerous goods has the same meaning as in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

serious injury

blessure grave

serious injury means

  • (a) a fracture of any bone, except simple fractures of fingers, toes or the nose;

  • (b) lacerations that cause severe hemorrhage or nerve, muscle or tendon damage;

  • (c) an injury to an internal organ;

  • (d) second or third degree burns, or any burns affecting more than 5% of the body surface;

  • (e) a verified exposure to infectious substances or injurious radiation; or

  • (f) an injury that is likely to require hospitalization. (blessure grave)

UN number

numéro ONU

UN number has the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations. (numéro ONU)

PART 1Reports

Mandatory Reporting

Aviation Occurrences

Marginal note:Report to Board
  •  (1) The owner, operator, pilot-in-command, any crew member of the aircraft and any person providing air traffic services that have direct knowledge of an occurrence must report the following aviation occurrences to the Board if they result directly from the operation of an aircraft:

    • (a) in the case of an accident

      • (i) a person is killed or sustains a serious injury as a result of

        • (A) being on board the aircraft,

        • (B) coming into direct contact with any part of the aircraft, including parts that have become detached from the aircraft, or

        • (C) being directly exposed to jet blast, rotor down wash or propeller wash,

      • (ii) the aircraft sustains structural failure or damage that adversely affects the aircraft’s structural strength, performance or flight characteristics and would normally require major repair or replacement of any affected component, except for

        • (A) engine failure or damage, when the damage is limited to the engine, its cowlings or accessories, or

        • (B) damage limited to propellers, wing tips, antennae, tires, brakes, fairings or small dents or puncture holes in the aircraft’s skin, or

      • (iii) the aircraft is missing or inaccessible; and

    • (b) in the case of an incident involving an aircraft having a maximum certificated take-off weight greater than 2 250 kg, or of an aircraft being operated under an air operator certificate issued under Part VII of the Canadian Aviation Regulations

      • (i) an engine fails or is shut down as a precautionary measure,

      • (ii) a power train transmission gearbox malfunction occurs,

      • (iii) smoke is detected or a fire occurs on board,

      • (iv) difficulties in controlling the aircraft are encountered owing to any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope,

      • (v) the aircraft fails to remain within the intended landing or take-off area, lands with all or part of the landing gear retracted or drags a wing tip, an engine pod or any other part of the aircraft,

      • (vi) a crew member whose duties are directly related to the safe operation of the aircraft is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment,

      • (vii) depressurization of the aircraft occurs that requires an emergency descent,

      • (viii) a fuel shortage occurs that requires a diversion or requires approach and landing priority at the destination of the aircraft,

      • (ix) the aircraft is refuelled with the incorrect type of fuel or contaminated fuel,

      • (x) a collision, a risk of collision or a loss of separation occurs,

      • (xi) a crew member declares an emergency or indicates an emergency that requires priority handling by air traffic services or the standing by of emergency response services,

      • (xii) a slung load is released unintentionally or as a precautionary or emergency measure from the aircraft, or

      • (xiii) any dangerous goods are released in or from the aircraft.

  • Marginal note:Information in report

    (2) The report must contain the following information:

    • (a) the type, model, nationality and registration marks of the aircraft;

    • (b) the name of the owner, operator, pilot-in-command and, if applicable, hirer of the aircraft;

    • (c) the last point of departure and the intended destination of the aircraft, including the date and time of the departure;

    • (d) the date and time of the occurrence;

    • (e) the name of the person providing air traffic services related to the occurrence;

    • (f) the number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the occurrence;

    • (g) the location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude;

    • (h) a description of the occurrence and the extent of any resulting damage to the environment and to the aircraft and any other property;

    • (i) a list of any dangerous goods carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information;

    • (j) if the aircraft is missing or inaccessible

      • (i) the last known position of the aircraft by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the aircraft was at that position, and

      • (ii) the actions taken or planned to locate or gain access to the aircraft;

    • (k) a description of any action taken or planned to protect persons, property and the environment;

    • (l) the name and title of the person making the report and the phone number and address at which they can be reached; and

    • (m) any information specific to the occurrence that the Board requires.

  • Marginal note:Time limit

    (3) The person making the report must send to the Board

    • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

    • (b) the remainder of that information as soon as it becomes available within 30 days after the occurrence.

  • Marginal note:Agreement

    (4) The Board and any person mentioned in subsection (1) may enter into an agreement regarding a format and time frame for reporting aviation occurrences that are not likely to require immediate Board response.

  • Marginal note:Exemption

    (5) If a person making a report has sent any information described in subsection (2) to the Board

    • (a) the Board may exempt other persons from the requirement to send that information; and

    • (b) if the person is a member of a company, any other person from that company is exempt from the requirement to send that information.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    air traffic services

    services de la circulation aérienne

    air traffic services has the same meaning as in subsection 101.01(1) of the Canadian Aviation Regulations. (services de la circulation aérienne)

    collision

    collision

    collision means an impact, other than an impact associated with normal operating circumstances, between aircraft or between an aircraft and another object or terrain. (collision)

    loss of separation

    perte d’espacement

    loss of separation means a situation in which the distance separating two aircraft is less than the minimum established in the Canadian Domestic Air Traffic Control Separation Standards, published by the Department of Transport, as amended from time to time. (perte d’espacement)

    operation

    exploitation

    operation means the activities for which an aircraft is used from the time any person boards the aircraft with the intention of flight until they disembark. (exploitation)

    operator

    utilisateur

    operator has the same meaning as in subsection 101.01(1) of the Canadian Aviation Regulations. (utilisateur)

    owner

    propriétaire

    owner has the same meaning as in subsection 101.01(1) of the Canadian Aviation Regulations. (propriétaire)

    risk of collision

    risque de collision

    risk of collision means a situation in which an aircraft comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists. (risque de collision)

Marine Occurrences

Marginal note:Report to Board
  •  (1) The operator of the ship, other than a pleasure craft, whether or not they are the owner, the master, the ship’s pilot, any crew member of the ship and the harbour master, that have direct knowledge of a marine occurrence must report the following marine occurrences to the Board:

    • (a) a person is killed or sustains a serious injury as a result of

      • (i) boarding, being on board or falling overboard from the ship, or

      • (ii) coming into direct contact with any part of the ship or its contents;

    • (b) a person falls overboard from the ship;

    • (c) a crew member whose duties are directly related to the safe operation of the ship is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment;

    • (d) the ship

      • (i) sinks, founders or capsizes,

      • (ii) is involved in a collision or a risk of a collision,

      • (iii) sustains a fire or an explosion,

      • (iv) goes aground,

      • (v) makes unforeseen contact with the bottom without going aground,

      • (vi) sustains damage that affects its seaworthiness or renders it unfit for its purpose,

      • (vii) is anchored, grounded or beached to avoid an occurrence,

      • (viii) is missing or abandoned,

      • (ix) fouls a utility cable or pipe, or an underwater pipeline,

      • (x) sustains a total failure of

        • (A) the navigation equipment if the failure poses a threat to the safety of any person, property or the environment,

        • (B) the main or auxiliary machinery, or

        • (C) the propulsion, steering, or deck machinery if the failure poses a threat to the safety of any person, property or the environment;

    • (e) all or part of the ship’s cargo shifts or falls overboard; or

    • (f) there is an accidental release on board or from the ship consisting of a quantity of dangerous goods or an emission of radiation that is greater than the quantity or emission levels specified in Part 8 of the Transportation of Dangerous Goods Regulations.

  • Marginal note:Information in report

    (2) The report must contain the following information:

    • (a) the name or identification number, nationality and type of the ship and, if applicable, a general description of the cargo on board the ship;

    • (b) the date and time of the occurrence;

    • (c) the names of the operator, owner and agents of the ship and, if applicable, the name of the authorized representative referred to in subsection 14(1) of the Canada Shipping Act, 2001;

    • (d) the name of the master of the ship and, if applicable, the name of the ship’s pilot;

    • (e) the technical specifications of the ship such as its tonnage, length and type of propulsion;

    • (f) if the ship is equipped with a voyage data recorder or a simplified voyage data recorder,

      • (i) the type of recorder, including its make and model, and

      • (ii) any action taken or planned to save the data on the recorder;

    • (g) the last point of departure and the intended destination of the ship, including the date and time of the departure;

    • (h) the number of crew members, passengers and other persons on board at the time of the occurrence;

    • (i) the number of crew members, passengers and other persons involved in the occurrence who were killed or sustained serious injuries as a result of the occurrence;

    • (j) the local weather, sea and, if applicable, ice conditions at the time of the occurrence;

    • (k) the location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude;

    • (l) a description of the occurrence and the extent of any resulting damage to the ship, the environment and any other property;

    • (m) if applicable, a list of any dangerous goods released on board or from the ship, including the shipping name or UN number of the dangerous goods;

    • (n) if the ship is missing or inaccessible,

      • (i) the last known position of the ship by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the ship was at that position, and

      • (ii) the actions taken or planned to locate or gain access to the ship;

    • (o) a description of any action taken or planned to protect persons, property and the environment;

    • (p) the name and title of the person making the report and the phone number and address at which they can be reached; and

    • (q) any information specific to the occurrence that the Board requires.

  • Marginal note:Time limit

    (3) The person making the report must send to the Board

    • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

    • (b) the remainder of that information as soon as it becomes available within 30 days after the occurrence.

  • Marginal note:Agreement

    (4) The Board and any person mentioned in subsection (1) may enter into an agreement regarding a format and time frame for reporting marine occurrences that are not likely to require immediate Board response.

  • Marginal note:Exemption

    (5) If a person making a report has sent any information described in subsection (2) to the Board

    • (a) the Board may exempt other persons from the requirement to send that information; and

    • (b) if the person is a member of a company, any other person from that company is exempt from the requirement to send that information.

  • Marginal note:Report to radio ship reporting station

    (6) A report made to a radio ship reporting station is considered to have been made to the Board.

  • Marginal note:Towing ship

    (7) In this section, a reference to an operator, whether or not they are the owner, or a master of a ship includes, in the case of a ship being towed by another ship, the operator, whether or not they are the owner, and master of the towing ship.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    collision

    collision

    collision means an impact, other than an impact associated with normal operating circumstances, between ships or between a ship and another object. (collision)

    master

    capitaine

    master means the person who is in command or charge of a ship, but does not include a licensed marine pilot while the pilot is performing pilotage duties under the Pilotage Act. (capitaine)

    operation

    exploitation

    operation means the activities for which a ship is used at any time other than when the ship is in dry dock or laid-up. (exploitation)

    pilot

    pilote

    pilot means any person who is not a member of the ship’s crew and who has the conduct of the ship. (pilote)

    pleasure craft

    embarcation de plaisance

    pleasure craft means a ship that is used for pleasure and not for a commercial purpose. (embarcation de plaisance)

    radio ship reporting station

    station de radiocommunications maritime

    radio ship reporting station means a Canadian Coast Guard radio station, a Marine Communications and Traffic Services Centre, a Canadian marine radio station operated by the St. Lawrence Seaway Management Corporation or a Canadian harbour radio station. (station de radiocommunications maritime)

    risk of collision

    risque de collision

    risk of collision means a situation in which a ship comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists. (risque de collision)

Pipeline Occurrences

Marginal note:Report to Board
  •  (1) The operator of a pipeline must report the following pipeline occurrences to the Board if they result directly from the operation of the pipeline:

    • (a) a person is killed or sustains a serious injury;

    • (b) the safe operation of the pipeline is affected by

      • (i) damage sustained when another object came into contact with it, or

      • (ii) a fire or explosion or an ignition that is not associated with normal pipeline operations;

    • (c) an event or an operational malfunction results in

      • (i) an unintended or uncontrolled release of gas,

      • (ii) an unintended or uncontrolled release of HVP hydrocarbons,

      • (iii) an unintended or uncontained release of LVP hydrocarbons in excess of 1.5 m3, or

      • (iv) an unintended or uncontrolled release of a commodity other than gas, HVP hydrocarbons or LVP hydrocarbons;

    • (d) there is a release of a commodity from the line pipe body;

    • (e) the pipeline is operated beyond design limits or any operating restrictions imposed by the National Energy Board;

    • (f) the pipeline restricts the safe operation of any mode of transportation;

    • (g) an unauthorized third party activity within the safety zone poses a threat to the safe operation of the pipeline;

    • (h) a geotechnical, hydraulic or environmental activity poses a threat to the safe operation of the pipeline;

    • (i) the operation of a portion of the pipeline is interrupted as a result of a situation or condition that poses a threat to any person, property or the environment; or

    • (j) an unintended fire or explosion has occurred that poses a threat to any person, property or the environment.

  • Marginal note:Information in report

    (2) The report must contain the following information:

    • (a) the name of the operator;

    • (b) the date and time of the occurrence;

    • (c) the unique identifier of the pipeline or portion of pipeline, such as its name or number;

    • (d) the specific pipeline components that malfunctioned or failed;

    • (e) the location of the occurrence by reference to a specific designation point such as the operator’s facility or the pipeline’s kilometre post location;

    • (f) the closest city, town or village to the occurrence site;

    • (g) the number of persons who were killed or sustained serious injuries as a result of the occurrence;

    • (h) a list of any commodity contained in or released from the pipeline and an estimate of the volume of commodity released and recovered;

    • (i) the actual or anticipated duration of any interruption of the operation of the pipeline or a portion of the pipeline;

    • (j) a description of the occurrence, the events leading up to it and the extent of any damage, including the consequences on the pipeline or portion of the pipeline and on any other property and the environment;

    • (k) a description of any action taken or planned to address the consequences of the occurrence;

    • (l) a description of any action taken or planned to protect persons, property and the environment, including any evacuation as a result of the occurrence;

    • (m) the name and title of the person making the report and the phone number and address at which they can be reached; and

    • (n) any information specific to the occurrence that the Board requires.

  • Marginal note:Time limit

    (3) The person making the report must send to the Board

    • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

    • (b) the remainder of that information as soon as it becomes available within 30 days after the occurrence.

  • Marginal note:Agreement

    (4) The Board and the operator of the pipeline may enter into an agreement regarding a format and time frame for reporting pipeline occurrences that are not likely to require immediate Board response.

  • Marginal note:Definitions

    (5) The following definitions apply in this section.

    CSA Z662

    norme CSA Z662

    CSA Z662 means Canadian Standards Association Standard Z662 entitled Oil and Gas Pipeline Systems, as amended from time to time. (norme CSA Z662)

    design limits

    limites de calcul

    design limits means the design limits and criteria for a pipeline that are prescribed by the standards and codes under which the pipeline is designed, constructed and operated. (limites de calcul)

    HVP

    HPV

    HVP means high vapour pressure as defined in CSA Z662. (HPV)

    LVP

    BPV

    LVP means low vapour pressure as defined in CSA Z662. (BPV)

    operator

    exploitant

    operator means the company that operates the pipeline or portion of the pipeline. (exploitant)

    safety zone

    zone de sécurité

    safety zone means the area extending 30 m perpendicularly from the centre of a pipeline on either side of the pipeline. (zone de sécurité)

Railway Occurrences

Marginal note:Report to Board
  •  (1) The operator of the rolling stock, the operator of the track and any crew member that have direct knowledge of a railway occurrence must report the following railway occurrences to the Board:

    • (a) a person is killed or sustains a serious injury as a result of

      • (i) getting on or off or being on board the rolling stock, or

      • (ii) coming into contact with any part of the rolling stock or its contents;

    • (b) the rolling stock or its contents

      • (i) are involved in a collision or derailment,

      • (ii) sustain damage that affects the safe operation of the rolling stock,

      • (iii) cause or sustain a fire or explosion, or

      • (iv) cause damage to the railway that poses a threat to the safe passage of rolling stock or to the safety of any person, property or the environment;

    • (c) a risk of collision occurs between rolling stock;

    • (d) an unprotected main track switch or subdivision track switch is left in an abnormal position;

    • (e) a railway signal displays a less restrictive indication than that required for the intended movement of rolling stock;

    • (f) rolling stock occupies a main track or subdivision track, or track work takes place, in contravention of the Rules or any regulations made under the Railway Safety Act;

    • (g) rolling stock passes a signal indicating stop in contravention of the Rules or any regulations made under the Railway Safety Act;

    • (h) there is an unplanned and uncontrolled movement of rolling stock;

    • (i) a crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment; or

    • (j) there is an accidental release on board or from a rolling stock consisting of a quantity of dangerous goods or an emission of radiation that is greater than the quantity or emission level specified in Part 8 of the Transportation of Dangerous Goods Regulations.

  • Marginal note:Information in report

    (2) The report must contain the following information:

    • (a) the train’s number, direction, tonnage, length and authorized speed;

    • (b) the number of loaded cars and empty cars on each train and cut of cars;

    • (c) the names of the operator of the rolling stock and the operator of the track;

    • (d) the date and time of the occurrence;

    • (e) the number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the occurrence;

    • (f) the number of rolling stock or intermodal platforms that are damaged or have derailed and their reporting marks;

    • (g) for each rolling stock that is damaged or has derailed, whether the rolling stock is loaded, empty or contains residue;

    • (h) for each damaged or derailed rolling stock a list of all the dangerous goods on board the rolling stock, including the shipping name or UN number of the dangerous goods;

    • (i) if dangerous goods are released,

      • (i) the shipping name or UN number of each dangerous good,

      • (ii) the reporting marks of each rolling stock from which the dangerous goods were released,

      • (iii) a brief description of each of the means of containment from which the dangerous goods were released, including the specification of the means of containment,

      • (iv) a brief description of the condition of each of the means of containment from which the dangerous goods were released,

      • (v) the quantity of the dangerous goods on board each rolling stock or in each means of containment prior to the occurrence, and

      • (vi) the quantity of each dangerous good that is known or suspected to have been released;

    • (j) the local weather conditions at the time of the occurrence and any climatic conditions such as snow, ice, wind, fog, dust and severe heat;

    • (k) the location of the occurrence, including the mile, the subdivision and the track designation;

    • (l) a description of the occurrence and the extent of any resulting damage to the environment and to the rolling stock, the railway and other property;

    • (m) a description of any action taken or planned to protect persons, property and the environment, including any evacuation as a result of the occurrence;

    • (n) the name and title of the person making the report and the phone number and address at which they can be reached; and

    • (o) any information specific to the occurrence that the Board requires.

  • Marginal note:Time limit

    (3) The person making the report must send to the Board

    • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

    • (b) the remainder of that information by the end of the calendar month following the month of the occurrence.

  • Marginal note:Agreement

    (4) The Board and any person mentioned in subsection (1) may enter into an agreement regarding a format and time frame for reporting railway occurrences that are not likely to require immediate Board response.

  • Marginal note:Exemption

    (5) If a person making a report has sent any information described in subsection (2) to the Board

    • (a) the Board may exempt other persons from the requirement to send that information; and

    • (b) if the person is a member of a company, any other person from that company is exempt from the requirement to send that information.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    collision

    collision

    collision means an impact, other than an impact associated with normal operating circumstances, between

    • (a) rolling stock;

    • (b) rolling stock and a person or vehicle; or

    • (c) rolling stock and an object or animal, if the rolling stock is damaged or derailed. (collision)

    derailment

    déraillement

    derailment means any instance where one or more wheels of rolling stock have come off the normal running surface of the rail. (déraillement)

    main track

    voie principale

    main track has the same meaning as in the Rules. (voie principale)

    risk of collision

    risque de collision

    risk of collision means a situation in which rolling stock comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists. (risque de collision)

    Rules

    Règles

    Rules means the Canadian Rail Operating Rules, as amended from time to time and approved by the Minister of Transport in accordance with subsection 19(1) of the Railway Safety Act. (Règles)

    subdivision track

    voie de subdivision

    subdivision track has the same meaning as in the Rules. (voie de subdivision)

Voluntary Reporting

Marginal note:Report to Board

 Any person having knowledge of a transportation occurrence, other than those persons required to report the occurrence to the Board, may voluntarily report to the Board any information that they believe to be relevant.

Marginal note:Protection of identity

 If a person making a report under section 6 requests that the Board protect their identity, the Board must protect their identity.

Keeping and Preservation of Evidence

Marginal note:Evidence
  •  (1) Every person having possession of or control over evidence relating to a transportation occurrence must keep and preserve the evidence unless the Board provides otherwise.

  • Marginal note:Safety

    (2) Subsection (1) is not to be construed as preventing any person from taking the necessary measures to ensure the safety of any person, property or the environment.

  • Marginal note:Record of evidence

    (3) Any person who takes the measures referred to in subsection (2) must, to the extent possible in the circumstances and before taking those measures, record the evidence by the best means available and advise the Board of their actions.

  • Marginal note:Exemption

    (4) The Board may exempt any person from the requirement to keep and preserve evidence if another person has already kept and preserved that evidence.

PART 2Investigations of Transportation Occurrences and Public Inquiries

Investigations of Transportation Occurrences

Interviews

Marginal note:In camera
  •  (1) An interview of a person who is required to attend before an investigator in accordance with subparagraph 19(9)(a)(i) of the Act must be held in camera.

  • Marginal note:Persons to attend interview

    (2) Only the following persons may attend an interview:

    • (a) any person who is requested by the investigator to attend; and

    • (b) subject to subsection (3), one person chosen by the person who is being interviewed.

  • Marginal note:Restriction on persons attending

    (3) The person who is being interviewed must not choose a person to attend an interview who is required to attend before an investigator in accordance with subparagraph 19(9)(a)(i) of the Act.

  • Marginal note:Exclusion

    (4) The investigator may exclude from the interview the person chosen by the person who is being interviewed if that person’s behaviour or interventions interfere with the proper conduct of the interview.

  • Marginal note:Statement

    (5) Any statement of a person attending before an investigator must be taken in a manner so that a complete and usable record of the statement is obtained.

  • Marginal note:Copy

    (6) On written request, a person making a statement must be provided with a copy of that statement.

Presence at Tests

Marginal note:Representation and record

 When a person is invited to be present at a test in accordance with subparagraph 19(5)(b)(i) of the Act, that person may

  • (a) be represented by a person having technical knowledge and expertise in the subject matter of the test; and

  • (b) record or cause to be recorded the condition of the thing being tested before, during and after the test.

Rights and Privileges of Observers Attending an Investigation

Marginal note:Activities of observers
  •  (1) When the Board is conducting an investigation of a transportation occurrence, the Board may authorize an observer referred to in subsection 23(2) of the Act to undertake any or all of the following activities, under the supervision of an investigator:

    • (a) attending at the location of the occurrence;

    • (b) examining the means of transportation involved in the occurrence and its component parts and contents;

    • (c) examining the information relating to

      • (i) the transportation activity during which the occurrence took place,

      • (ii) the means of transportation and its component parts and contents, and

      • (iii) any person who is directly involved in the occurrence; and

    • (d) attending the laboratory tests or analyses.

  • Marginal note:Confidentiality

    (2) An observer must not knowingly communicate or use, or knowingly permit to be communicated or used, any information that the observer has obtained during the investigation without the express authorization of the Board.

Keeping and Preservation of Information

Marginal note:Investigation file
  •  (1) If the Board conducts an investigation into a transportation occurrence, the Board must open and maintain a file relating to the investigation.

  • Marginal note:Contents of file

    (2) An investigation file must contain all of the information relevant to the transportation occurrence and records of representations required to be kept by the Board under paragraph 24(4)(b) of the Act.

  • Marginal note:Period of preservation

    (3) An investigation file must be preserved by the Board for a period of not less than 20 years after the date of the transportation occurrence.

Warrants

Marginal note:Form 1
  •  (1) A warrant issued to an investigator under subsection 19(3) of the Act must be as set out in Form 1 of the schedule.

  • Marginal note:Specific form

    (2) A warrant issued in accordance with the procedures referred to in subsection 19(4) of the Act must be as set out in Form 5.1 of the Criminal Code with any modifications that the circumstances require.

Investigator’s Notices

Marginal note:Form 2
  •  (1) If an investigator requires, under subparagraph 19(9)(a)(i) of the Act, the production of information or attendance before the investigator, the investigator’s notice must be as set out in Form 2 of the schedule.

  • Marginal note:Form 3

    (2) If an investigator requires, under paragraph 19(9)(b) of the Act, that a person involved in the operation of an aircraft, ship, rolling stock or pipeline submit to a medical examination, the investigator’s notice must be as set out in Form 3 of the schedule.

  • Marginal note:Form 4

    (3) If an investigator requires, under paragraph 19(9)(c) of the Act, that a physician or other health practitioner provide information concerning a patient, the investigator’s notice must be as set out in Form 4 of the schedule.

  • Marginal note:Form 5

    (4) If an investigator requires, under paragraph 19(9)(d) of the Act, that a person having custody of the body of a deceased person or of human remains permit the performance of an autopsy on the body or the carrying out of other medical examinations of the human remains, as the case may be, the investigator’s notice must be as set out in Form 5 of the schedule.

Public Inquiries

Marginal note:Public hearing
  •  (1) A public inquiry conducted under subsection 21(1) of the Act must proceed, for the purpose of ascertaining the facts and circumstances relating to the transportation occurrence, by way of a public hearing during which witnesses may be examined.

  • Marginal note:Presiding officer

    (2) If, under subsection 21(1) of the Act, the Chairperson designates a person to conduct a public inquiry, that person is to act as the presiding officer or, if more than one person is designated to conduct a public inquiry, the Chairperson must designate one of those persons to act as the presiding officer.

  • Marginal note:File

    (3) The Board must open and maintain a file relating to each public inquiry conducted and that file must contain all of the records relevant to the inquiry.

Marginal note:Establishment of technical panel

 The Director of Investigations (Air), the Director of Investigations (Marine) or the Director of Investigations (Rail and Pipelines), as the case may be, must establish a technical panel for the purposes of a public inquiry and designate investigators or persons referred to in subsection 9(2) of the Act to be members of the panel.

Marginal note:Participants in public inquiry

 The Board may permit any person having an interest in the matter to participate in a public inquiry.

Marginal note:Pre-inquiry conference
  •  (1) The presiding officer may hold a pre-inquiry conference at a time and place determined by the presiding officer and is to give notice of the pre-inquiry conference to the participants.

  • Marginal note:Extent of public inquiry

    (2) At the pre-inquiry conference and after consulting with the participants, the presiding officer must determine the extent of the public inquiry and the facts and the safety matters to be addressed, including the witnesses to be examined, the order in which the witnesses may be examined, the areas in respect of which the witnesses may be examined and the exhibits to be produced.

Marginal note:Time and place

 The presiding officer is to determine the time and place for a public inquiry and give notice of the public inquiry to the participants.

Marginal note:Responsibilities of presiding officer
  •  (1) The presiding officer is responsible for resolving questions of admissibility of evidence, disposing of procedural matters and adjourning the public inquiry from time to time and from place to place, compelling the attendance of witnesses and the production of documents and objects by issuing subpoenas, keeping appropriate records of the proceedings and taking any other appropriate action for the orderly conduct of the public inquiry.

  • Marginal note:Evidence

    (2) The presiding officer may receive evidence that is relevant to the inquiry and that will advance the investigation of the transportation occurrence.

  • Marginal note:Subpoena

    (3) A subpoena issued to a witness must be as set out in Form 6 of the schedule and served personally on them or, if personal service is impractical, by registered mail at their last known address, at least 10 days before the date set for their attendance, if they reside not more than 500 km from the required place of attendance, or at least 30 days before the date set for their attendance, if they reside more than 500 km from the required place of attendance.

  • Marginal note:Subpoena sent by registered mail

    (4) A subpoena sent by registered mail is deemed to have been served on the witness five clear days after the postmarked date.

Marginal note:Report
  •  (1) After a public inquiry is completed, the presiding officer must report to the Board respecting the facts and circumstances with respect to which evidence was gathered during the public inquiry.

  • Marginal note:Consideration of report

    (2) The Board must consider the report in making its final findings as to the causes and contributing factors of a transportation occurrence, in identifying any safety deficiencies and in making any recommendations in the interests of transportation safety.

Witness Fees and Allowances

Marginal note:Fees and allowances

 Any person attending before an investigator under subparagraph 19(9)(a)(i) of the Act or any witness attending at a public inquiry may be paid a fee and allowance for travel and living expenses in accordance with the Travel Directive of the National Joint Council and the Treasury Board of Canada Secretariat, as amended from time to time, or Tariff A of the Federal Court Rules, as the case may be.

Repeal

 [Repeal]

Coming into Force

Marginal note:Registration
  •  (1) These Regulations, except for Part I, come into force on the day on which they are registered.

  • Marginal note:July 1, 2014

    (2) Part 1 comes into force on July 1, 2014.

SCHEDULE(Subsection 13(1), section 14 and subsection 20(3))

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 1

CANADA

Province or Territory

Warrant to Search and SeizeIssued under subsection 19(3) of the Canadian Transportation Accident Investigation and Safety Board Act

TO:name of investigator, an investigator of the Canadian Transportation Accident Investigation and Safety Board:

WHEREAS it appears on oath of that he/she believes on reasonable grounds that there is or may be any thing or things, namely , that are relevant to the conduct of a lawful investigation into a transportation occurrence, namely

,

and that are located in , in this form called the premises;

THIS IS, THEREFORE, to authorize you, between the hours of and , to enter the said premises and to search for the said thing or things, to seize them until they are returned in accordance with section 20 of the Canadian Transportation Accident Investigation and Safety Board Act;

And furthermore, to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.

Signed at location on date

name and signature
Justice of the Peace in and for
Judicial District or Province
Canada Trademark

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 2Statutory SummonsIssued under subparagraph 19(9)(a)(i) of the Canadian Transportation Accident Investigation and Safety Board Act

IN THE MATTER OF: The Canadian Transportation Accident Investigation and Safety Board investigation into the following transportation occurrence:

name or description of the occurrence

TO:

ADDRESS:

WHEREAS I BELIEVE on reasonable grounds that you are in possession of information relevant to the investigation, YOU ARE REQUIRED to

  •  Attend before me in order to give a statement, under oath or solemn affirmation, if required, concerning that matter, at

    location description or address

    on date at time

  •  Produce the following information or records no later than time on date

    at location description or address

FAILURE TO COMPLY with this summons may result in a contravention of subsection 19(10) of the Canadian Transportation Accident Investigation and Safety Board Act and an offence under paragraph 35(1)(a) of that Act and may also result in an application setting out the facts made to the Federal Court of Canada or a superior court of a province, under subsection 19(15.1) of that Act, to inquire into the failure to comply with this summons.

Signed at location on date

signature

Investigator of the Canadian Transportation Accident Investigation and Safety Board

Canada Trademark

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 3Statutory SummonsIssued under paragraph 19(9)(b) of the Canadian Transportation Accident Investigation and Safety Board Act

IN THE MATTER OF: The Canadian Transportation Accident Investigation and Safety Board investigation into the following transportation occurrence:

name or description of the occurrence

TO:

ADDRESS:

WHEREAS you were directly or indirectly involved in the operation of

description of equipment and

WHEREAS I BELIEVE on reasonable grounds that a medical examination is or may be relevant to the investigation, you are required to submit to a medical examination:

at location description or address

before name of examiner

on date at time

FAILURE TO COMPLY with this summons may result in a contravention of subsection 19(11) of the Canadian Transportation Accident Investigation and Safety Board Act and an offence under paragraph 35(1)(a) of that Act and may also result in an application setting out the facts made to the Federal Court of Canada or a superior court of a province, under subsection 19(15.1) of that Act, to inquire into the failure to comply with this summons.

Signed at location on date

signature

Investigator of the Canadian Transportation Accident Investigation and Safety Board

Canada Trademark

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 4Statutory SummonsIssued under paragraph 19(9)(c) of the Canadian Transportation Accident Investigation and Safety Board Act

IN THE MATTER OF: The Canadian Transportation Accident Investigation and Safety Board investigation into the following transportation occurrence:

name or description of the occurrence

TO:

ADDRESS:

WHEREAS I BELIEVE on reasonable grounds that you have information concerning a patient, namely that is or may be relevant to the investigation,

YOU ARE REQUIRED to provide the following information:

FAILURE TO COMPLY with this summons may result in a contravention of subsection 19(10) of the Canadian Transportation Accident Investigation and Safety Board Act and an offence under paragraph 35(1)(a) of that Act and may also result in an application setting out the facts made to the Federal Court of Canada or a superior court of a province, under subsection 19(15.1) of that Act, to inquire into the failure to comply with this summons.

Signed at location on date

signature

Investigator of the Canadian Transportation Accident Investigation and Safety Board

Canada Trademark

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 5Statutory SummonsIssued under paragraph 19(9)(d) of the Canadian Transportation Accident Investigation and Safety Board Act

IN THE MATTER OF: The Canadian Transportation Accident Investigation and Safety Board investigation into the following transportation occurrence:

name or description of the occurrence

TO:

ADDRESS:

WHEREAS you have custody of the body of a deceased person or human remains, namely ; and

WHEREAS I believe on reasonable grounds that the performance of an autopsy on the body of the deceased person or the carrying out of other medical examinations on those human remains is or may be relevant to the conduct of the investigation.

YOU ARE REQUIRED to permit the performance of the autopsy or medical examination:

by name of examiner

at location description or address

on date at time

FAILURE TO COMPLY with this summons may result in a contravention of subsection 19(10) of the Canadian Transportation Accident Investigation and Safety Board Act and an offence under paragraph 35(1)(a) of that Act and may also result in an application setting out the facts made to the Federal Court of Canada or a superior court of a province, under subsection 19(15.1) of that Act, to inquire into the failure to comply with this summons.

Signed at location on date

signature

Investigator of the Canadian Transportation Accident Investigation and Safety Board

Canada Trademark

Transportation Safety Board
of Canada

Crest

Bureau de la sécurité des transports
du Canada

FORM 6SubpoenaIssued under subsection 20(3) of the Transportation Safety Board Regulations

IN THE MATTER OF: The Canadian Transportation Accident Investigation and Safety Board investigation into the following transportation occurrence:

name or description of the occurrence

TO:

ADDRESS:

YOU ARE REQUIRED to appear before the public inquiry to be held

at location description or address

on date at time

And to bring with you and produce the following documents or objects:

FAILURE TO COMPLY with the requirements of this subpoena may result in an offence under subsection 35(2) of the Canadian Transportation Accident Investigation and Safety Board Act and render you liable to penalties under that subsection.

Signed at location on date

signature

Presiding Officer

Canada Trademark
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