Version of document from 2006-03-22 to 2014-02-27:

Transportation Safety Board Regulations

SOR/92-446

CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT

Registration 1992-07-20

Regulations Respecting the Canadian Transportation Accident Investigation and Safety Board

P.C. 1992-1558  1992-07-16

His Excellency the Governor General in Council, on the recommendation of the President of the Queen’s Privy Council for Canada, pursuant to subsections 31(1) and (3) and 34(1) of the Canadian Transportation Accident Investigation and Safety Board ActFootnote *, is pleased hereby to approve the revocation of the Canadian Aviation Safety Board Regulations, made on October 3, 1984 by the Canadian Aviation Safety Board and approved by Order in Council P.C. 1984-3733 of November 22, 1984Footnote **, and to approve the annexed Regulations respecting the Canadian Transportation Accident Investigation and Safety Board, made by the Canadian Transportation Accident Investigation and Safety Board on June 25, 1992.

Short Title

 These Regulations may be cited as the Transportation Safety Board Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

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

    air traffic control unit

    air traffic control unit means an air traffic control unit as defined in section 101 of the Air Regulations; (unité du contrôle de la circulation aérienne)

    collision

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

    dangerous goods

    dangerous goods means any product, substance or organism included by its nature or by the Transportation of Dangerous Goods Regulations in any of the classes listed in the schedule to the Transportation of Dangerous Goods Act, and includes the dangerous materials listed in Schedule I to the Dangerous Bulk Materials Regulations and dangerous goods referred to in subsection 3(1) of the Dangerous Goods Shipping Regulations, that are transported in bulk by ship; (marchandises dangereuses)

    derailment

    derailment means an accident whereby one or more wheels of rolling stock leave the rails, other than by reason of an explosion or a collision; (déraillement)

    design limits

    design limits, in respect of a commodity pipeline, means the design limits and criteria for the commodity pipeline that are approved by the National Energy Board; (limites de calcul)

    grade-crossing collision

    grade-crossing collision means a collision that occurs at any railway crossing between rolling stock and any other crossing user; (collision à un passage à niveau)

    loss of separation

    loss of separation means a situation where the distance separating two aircraft is less than the minimum established in the Air Traffic Control Manual of Operations Procedures, published by the Department of Transport under the designation TP 703, as amended from time to time; (perte d’espacement)

    machinery

    machinery means machinery as defined in section 2 of the Canada Shipping Act; (machines)

    master

    master, in respect of a ship involved in a reportable marine accident or incident, means a master as defined in section 2 of the Canada Shipping Act; (capitaine)

    operator

    operator means

    • (a) in respect of an aircraft involved in a reportable aviation accident or incident, an operator as defined in section 101 of the Air Regulations,

    • (b) in respect of a portion of a commodity pipeline involved in a reportable commodity pipeline accident or incident, the company that operates the portion of the commodity pipeline, and

    • (c) in respect of a ship involved in a reportable marine accident or incident, the person that operates the ship; (exploitant)

    owner

    owner means

    • (a) in respect of an aircraft involved in a reportable aviation accident or incident, an owner as defined in section 2 of the Identification of Aircraft and Other Aeronautical Products Regulations, and

    • (b) in respect of a ship involved in a reportable marine accident or incident, the actual owner of an unregistered ship and the registered owner of a registered ship; (propriétaire)

    pilot

    pilot, in respect of a ship involved in a reportable marine accident or incident, means a pilot as defined in section 2 of the Pilotage Act; (pilote)

    pilot-in-command

    pilot-in-command, in respect of an aircraft involved in a reportable aviation accident or incident, means a pilot-in-command as defined in subsection 3(1) of the Aeronautics Act; (commandant de bord)

    pleasure craft

    pleasure craft means a ship that is used for pleasure or recreation and that does not carry goods or passengers for hire or reward; (embarcation de plaisance)

    radio ship reporting station

    radio ship reporting station means a Canadian Coast Guard radio station or a Canadian Vessel Traffic Service Centre of the Department of Transport or a Canadian marine radio station operated by the St. Lawrence Seaway Authority; (station de radiocommunications maritime)

    railway company

    railway company means the company that operates rolling stock involved in a reportable railway accident or incident; (compagnie ferroviaire)

    reportable accident

    reportable accident means a reportable marine accident, a reportable railway accident, a reportable commodity pipeline accident or a reportable aviation accident; (accident à signaler)

    reportable aviation accident

    reportable aviation accident means an accident resulting directly from the operation of an aircraft, where

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

      • (i) being on board the aircraft,

      • (ii) coming into contact with any part of the aircraft or its contents, or

      • (iii) being directly exposed to the jet blast or rotor downwash of the aircraft,

    • (b) the aircraft sustains damage or failure that adversely affects the structural strength, performance or flight characteristics of the aircraft and that requires major repair or replacement of any affected component part, or

    • (c) the aircraft is missing or inaccessible; (accident aéronautique à signaler)

    reportable aviation incident

    reportable aviation incident means an incident resulting directly from the operation of an airplane having a maximum certificated take-off weight greater than 5 700 kg, or from the operation of a rotorcraft having a maximum certificated take-off weight greater than 2 250 kg, where

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

    • (b) a transmission gearbox malfunction occurs,

    • (c) smoke or fire occurs,

    • (d) 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,

    • (e) 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,

    • (f) any crew member whose duties are directly related to the safe operation of the aircraft is unable to perform the crew member’s duties as a result of a physical incapacitation that poses a threat to the safety of any person, property or the environment,

    • (g) depressurization occurs that necessitates an emergency descent,

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

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

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

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

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

    • (m) any dangerous goods are released in or from the aircraft; (incident aéronautique à signaler)

    reportable commodity pipeline accident

    reportable commodity pipeline accident means an accident resulting directly from the operation of a commodity pipeline, where

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

      • (i) a fire, ignition or explosion, or

      • (ii) a commodity released from the commodity pipeline, or

    • (b) the commodity pipeline

      • (i) sustains damage affecting the safe operation of the commodity pipeline as a result of being contacted by another object or as a result of a disturbance of its supporting environment,

      • (ii) causes or sustains an explosion, or a fire or ignition that is not associated with normal operating circumstances, or

      • (iii) sustains damage resulting in the release of any commodity; (accident de productoduc à signaler)

    reportable commodity pipeline incident

    reportable commodity pipeline incident means an incident resulting directly from the operation of a commodity pipeline, where

    • (a) an uncontained and uncontrolled release of a commodity occurs,

    • (b) the commodity pipeline is operated beyond design limits,

    • (c) the commodity pipeline causes an obstruction to a ship or to a surface vehicle owing to a disturbance of its supporting environment,

    • (d) any abnormality reduces the structural integrity of the commodity pipeline below design limits,

    • (e) any activity in the immediate vicinity of the commodity pipeline poses a threat to the structural integrity of the commodity pipeline, or

    • (f) the commodity pipeline, or a portion thereof, sustains a precautionary or emergency shut-down for reasons that relate to or create a hazard to the safe transportation of a commodity; (incident de productoduc à signaler)

    reportable incident

    reportable incident means a reportable marine incident, a reportable railway incident, a reportable commodity pipeline incident or a reportable aviation incident; (incident à signaler)

    reportable marine accident

    reportable marine accident means an accident resulting directly from the operation of a ship other than a pleasure craft, where

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

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

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

    • (b) the ship

      • (i) sinks, founders or capsizes,

      • (ii) is involved in a collision,

      • (iii) sustains a fire or an explosion,

      • (iv) goes aground,

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

      • (vi) is missing or abandoned; (accident maritime à signaler)

    reportable marine incident

    reportable marine incident means an incident resulting directly from the operation of a ship, other than a pleasure craft, where

    • (a) a person falls overboard from the ship,

    • (b) the ship, of one hundred gross tons or more, unintentionally makes contact with the bottom without going aground,

    • (c) the ship fouls a utility cable or pipe, or an underwater commodity pipeline,

    • (d) the ship is involved in a risk of collision,

    • (e) the ship sustains a total failure of any machinery,

    • (f) the ship sustains a shifting of cargo or a loss of cargo overboard,

    • (g) the ship is intentionally grounded or beached to avoid an accident,

    • (h) any crew member whose duties are directly related to the safe operation of the ship is unable to perform the crew member’s duties as a result of a physical incapacitation that poses a threat to the safety of any person, property or the environment, or

    • (i) any dangerous goods are released on board or from the ship; (incident maritime à signaler)

    reportable railway accident

    reportable railway accident means an accident resulting directly from the operation of rolling stock, where

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

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

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

    • (b) the rolling stock

      • (i) is involved in a grade-crossing collision,

      • (ii) is involved in a collision or derailment and is carrying passengers,

      • (iii) is involved in a collision or derailment and is carrying dangerous goods, or is known to have last contained dangerous goods the residue of which has not been purged from the rolling stock,

      • (iv) sustains damage that affects its safe operation, or

      • (v) causes or sustains a fire or explosion, or causes damage to the railway, that poses a threat to the safety of any person, property or the environment; (accident ferroviaire à signaler)

    reportable railway incident

    reportable railway incident means an incident resulting directly from the operation of rolling stock, where

    • (a) a risk of collision occurs,

    • (b) an unprotected main track switch is left in an abnormal position,

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

    • (d) an unprotected overlap of operating authorities occurs,

    • (e) a movement of rolling stock exceeds the limits of its authority,

    • (f) there is runaway rolling stock,

    • (g) any crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform the crew member’s duties as a result of a physical incapacitation that poses a threat to any person, property or the environment, or

    • (h) any dangerous goods are released on board or from the rolling stock; (incident ferroviaire à signaler)

    risk of collision

    risk of collision means a situation where a ship, rolling stock or 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)

    serious injury

    serious injury means an injury that is likely to require admission to a hospital; (blessure grave)

    special situation

    special situation means any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident; (situation spéciale)

    track operator

    track operator means the company that operates the track on which a reportable railway accident or incident takes place. (exploitant de la voie)

  • (2) In these Regulations, a reference to a master or owner of a ship includes, in the case of a ship being towed by another ship, the master or owner of the towing ship.

Mandatory Reporting

Reportable Marine Accidents and Incidents

  •  (1) Subject to subsections (2) and (6), where a reportable marine accident or incident takes place, the owner, operator, charterer, master, pilot and any crew member of the ship shall report to the Board as much of the information listed in subsection (3) as is available, as soon as possible and by the quickest means available.

  • (2) A report made to a radio ship reporting station shall be considered to have been made to the Board.

  • (3) The report referred to in subsection (1) shall contain the following information:

    • (a) the name or identification number, nationality and type of the ship;

    • (b) the names of the owner, operator, charterer and agents of the ship;

    • (c) the names and qualifications of the master and pilot of the ship;

    • (d) the date and time of the accident or incident;

    • (e) the weather and sea conditions at the time of the accident or incident;

    • (f) a description of the navigational aids on board the ship;

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

    • (h) where the ship is not missing,

      • (i) the location of the accident or incident by reference to an easily defined geographical point, or by latitude and longitude,

      • (ii) the number of crew members, passengers and other persons that were killed or sustained a serious injury,

      • (iii) a description of the accident or incident and the extent of any resulting damage to the ship, the environment and other property, and

      • (iv) a description of any dangerous goods aboard, or released from, the ship;

    • (i) where the ship is missing,

      • (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 of that position,

      • (ii) the number of crew members and passengers aboard the ship,

      • (iii) a description of any dangerous goods aboard the ship, and

      • (iv) the action being taken to locate the ship;

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

    • (k) a description of the cargo aboard the ship; and

    • (l) the name and address of the person making the report and, where applicable, the name or identification number of the ship from which the report is being made.

  • (4) In addition to the reporting requirements set out in subsection (1), the master of a ship involved in a reportable marine accident or incident shall, in a form approved by the Board, submit to the Board within 30 days after the accident or incident all the information required by subsection (3), unless otherwise exempted by the Board pursuant to subsection (5).

  • (5) The Board may exempt a master from submitting the information referred to in subsection (4) where the Board has gathered the information through its own investigation of the accident or incident.

  • (6) Where any person makes a report pursuant to subsection (1), no other person referred to in that subsection is required to make such a report.

Reportable Railway Accidents and Incidents

  •  (1) Subject to subsection (5), where a reportable railway accident or incident takes place, the railway company, the track operator and any crew member aboard the rolling stock involved in the accident or incident shall report to the Board as much of the information listed in subsection (2) as is available, as soon as possible and by the quickest means available.

  • (2) The report referred to in subsection (1) shall contain the following information:

    • (a) the train number and direction;

    • (b) the names of the railway company and of the track operator;

    • (c) the names of the crew members;

    • (d) the date and time of the accident or incident;

    • (e) the location of the accident or incident by reference to a mileage and subdivision location and, where applicable, the track designation in a yard;

    • (f) the number of crew members, passengers and other persons that were killed or sustained a serious injury;

    • (g) a description of the accident or incident and the extent of any resulting damage to the rolling stock, the railway, a commodity pipeline, the environment and other property;

    • (h) a summary description of any dangerous goods contained in or released from the rolling stock;

    • (i) in the case of a reportable accident, the anticipated time of arrival of wreck-clearing equipment; and

    • (j) the name, location and title of the person making the report.

  • (3) In addition to the reporting requirements set out in subsection (1), the person making the report shall, in a form approved by the Board, submit to the Board within 30 days after the accident or incident all the information listed in subsection (2), unless otherwise exempted by the Board pursuant to subsection (4).

  • (4) The Board may exempt a person from submitting the information referred to in subsection (3) where the Board has gathered the information through its own investigation of the accident or incident.

  • (5) Where any person required to do so pursuant to subsection (1) makes a report to the Board, no other person referred to in that subsection is required to make a report.

Reportable Commodity Pipeline Accidents and Incidents

  •  (1) Subject to subsection (5), where a reportable commodity pipeline accident or incident takes place, the operator and any employee of the operator having direct knowledge of the accident or incident shall report to the Board as much of the information listed in subsection (2) as is available, as soon as possible and by the quickest means available.

  • (2) The report referred to in subsection (1) shall contain the following information:

    • (a) the type and number of the certificate issued under section 52 of the National Energy Board Act in respect of the commodity pipeline;

    • (b) the name of the operator;

    • (c) the date and time of the accident or incident;

    • (d) the location of the accident or incident;

    • (e) the number of persons that were killed or sustained a serious injury;

    • (f) a description of the accident or incident and the extent of any damage to the commodity pipeline, the environment and other property;

    • (g) a description of any dangerous goods contained in or released from the commodity pipeline and a description of any action taken by the operator to protect the public;

    • (h) in the case of a reportable accident, the anticipated arrival time of repair equipment; and

    • (i) the name, address and title of the person making the report.

  • (3) In addition to the reporting requirements set out in subsection (1), the person making the report shall, in a form approved by the Board, submit to the Board within 30 days after the accident or incident all the information listed in subsection (2), unless otherwise exempted by the Board pursuant to subsection (4).

  • (4) The Board may exempt a person from submitting the information referred to in subsection (3) where the Board has gathered the information through its own investigation of the accident or incident.

  • (5) Where any person required to do so pursuant to subsection (1) makes a report to the Board, no other person referred to in that subsection is required to make a report.

Reportable Aviation Accidents and Incidents

  •  (1) Subject to subsection (5), where a reportable aviation accident or incident takes place, the owner, operator, pilot-in-command, any crew member of the aircraft and, where the accident or incident involves a loss of separation or a risk of collision, any air traffic controller having direct knowledge of the accident or incident shall report to the Board as much of the information listed in subsection (2) as is available, as soon as possible and by the quickest means available.

  • (2) The report referred to in subsection (1) shall contain the following information:

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

    • (b) the names of the owner, operator and, where applicable, the hirer of the aircraft;

    • (c) the name of the pilot-in-command;

    • (d) the date and time of the accident or incident;

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

    • (f) where the aircraft is not missing or is not inaccessible,

      • (i) the location of the accident or incident by reference to an easily defined geographical point, or by latitude and longitude,

      • (ii) the number of crew members, passengers and other persons that were killed or sustained a serious injury,

      • (iii) a description of the accident or incident and the extent of any resulting damage to the aircraft, the environment and other property, and

      • (iv) a description of any dangerous goods on board, or released from, the aircraft;

    • (g) where 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 of that position,

      • (ii) the number of crew members and passengers on board the aircraft,

      • (iii) a description of any dangerous goods carried on board the aircraft, and

      • (iv) the action being taken to locate, or gain access to, the aircraft; and

    • (h) the name and address of the person making the report.

  • (3) In addition to the reporting requirements set out in subsection (1), the person making the report shall, in a form approved by the Board, submit to the Board within 30 days after the accident or incident all the information required by subsection (2), unless otherwise exempted by the Board pursuant to subsection (4).

  • (4) The Board may exempt a person from submitting the information referred to in subsection (3) where the Board has gathered the information through its own investigation of the accident or incident.

  • (5) Where any person required to do so pursuant to subsection (1) makes a report to the Board, no other person referred to in that subsection is required to make a report.

Voluntary Reporting

General

 Any person having knowledge of any accident, incident or special situation associated with the operation of a ship, rolling stock, commodity pipeline or aircraft may report to the Board any information that the person believes is relevant.

Confidential Reporting

  •  (1) The Board may establish a confidential reporting unit that shall have exclusive authority to receive and examine in confidence any verbal or written report made pursuant to section 7.

  • (2) Where a report is made to the Board, other than a report concerning a reportable accident or incident made by a person referred to in subsection 3(1), 4(1), 5(1) or 6(1), no person shall release the identity of the person making the report or any information that could reasonably be expected to reveal that person’s identity, unless the person making the report authorizes, in writing, its release.

Preservation of Evidence Respecting Reportable Accidents and Incidents

  •  (1) Subject to subsections (2) and (3), where a reportable accident or incident takes place, the owner, operator, master and any crew member shall, to the extent possible, and until otherwise instructed by the Board or except as otherwise required by law, preserve and protect any evidence relevant to the reportable accident or incident, including evidence contained in documents as defined in subsection 19(16) of the Act.

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

  • (3) Where evidence relevant to a reportable accident or incident has to be interfered with pursuant to subsection (2), the person directing, supervising or arranging the interference shall, to the extent possible in the circumstances, and prior to the interference, record the evidence by the best means available.

  • (4) Where any person required to do so pursuant to subsection (1) preserves and protects evidence relevant to a reportable accident or incident, no other person referred to in that subsection is required to preserve or protect that evidence.

Observers

  •  (1) Where a person referred to in paragraph 23(2)(a), (b) or (d) of the Act attends as an observer at the investigation of an accident, incident or special situation conducted by the Board, the person may, subject to the conditions imposed by the Board and under the supervision of an investigator,

    • (a) attend at the location of the accident, incident or special situation;

    • (b) examine the ship, rolling stock, commodity pipeline or aircraft involved in the accident, incident or special situation and its component parts and contents;

    • (c) unless otherwise prohibited by law, examine any document as defined in subsection 19(16) of the Act, and any other relevant evidence, relating to

      • (i) the transportation activity during which the accident, incident or special situation took place,

      • (ii) the crew members involved in the accident, incident or special situation, and

      • (iii) the ship, rolling stock, commodity pipeline or aircraft and its component parts and contents; and

    • (d) attend laboratory tests or analyses.

  • (2) Where a person referred to in paragraph 23(2)(c) of the Act attends as an observer at an investigation of an accident, incident or special situation conducted by the Board, the person shall, unless otherwise prohibited by law, be granted the rights and privileges expressed in the provisions and recommended practices set out in the international agreement or convention.

  • (3) The rights and privileges granted to an observer shall not, unless otherwise authorized by the Board, include attendance at an interview of a witness during an investigation.

General Provisions

Interpretation

 For the purposes of sections 12 to 19,

participant

participant, in respect of a public inquiry, means a member of a technical panel, any person who has observer status pursuant to section 23 of the Act and any person who, in the opinion of the Board, has an interest that, having regard to all the relevant circumstances, justifies the person’s participation in the public inquiry; (participant)

Presiding Officer

Presiding Officer, in respect of a public inquiry, means the person designated to be the Presiding Officer by the Chairperson pursuant to paragraph 13(a) or (b); (président d’audience)

technical panel

technical panel, in respect of a public inquiry, means a technical panel established pursuant to section 14. (comité technique)

Public Inquiries

  •  (1) The manner in which the Board investigates an accident, incident or special situation shall be by an investigation without a public inquiry, unless the Board decides otherwise pursuant to subsection 21(1) of the Act.

  • (2) Where a public inquiry is held pursuant to subsection 21(1) of the Act, it shall proceed, for the purpose of ascertaining facts and circumstances relating to an accident, incident or special situation, by way of a public hearing during which witnesses may be examined.

 Where, pursuant to subsection 21(1) of the Act, the Chairperson designates

  • (a) a person to conduct a public inquiry, that person shall act as the Presiding Officer; or

  • (b) more than one person to conduct a public inquiry, the Chairperson shall designate one of the persons to act as the Presiding Officer.

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

  •  (1) The Presiding Officer may hold a pre-hearing conference with the participants at such time and place as is determined by the Presiding Officer.

  • (2) The Presiding Officer shall, at the pre-hearing conference, after consultation with the participants, determine the extent of the public inquiry, the facts and the safety matters to be investigated, including

    • (a) the witnesses to be examined;

    • (b) the areas in respect of which the witnesses may be examined; and

    • (c) the exhibits to be produced.

  •  (1) The Presiding Officer shall

    • (a) determine the time and place for a public inquiry; and

    • (b) give notice of the public inquiry or pre-hearing conference to the participants and such other persons who, in the opinion of the Board, should be notified.

  • (2) The Presiding Officer is responsible for

    • (a) chairing the public inquiry, resolving questions of admissibility of evidence, disposing of procedural matters and adjourning the public inquiry from time to time and from place to place;

    • (b) compelling the attendance of witnesses by issuing subpoenas in accordance with the requirements set out in subsection (3);

    • (c) keeping appropriate records of the proceedings and of the evidence and information gathered during the public inquiry; and

    • (d) taking any other appropriate action for the orderly conduct of the public inquiry.

  • (3) A subpoena issued to a witness shall be

    • (a) in Form 1 set out in the schedule; and

    • (b) served personally on the witness or, if personal service is impractical, by registered mail at the last known address of the witness,

      • (i) at least three days prior to the date set for the attendance of the witness, where the witness resides not more than 500 km from the required place of attendance, or

      • (ii) at least seven days prior to the date set for the attendance of the witness, where the witness resides more than 500 km from the required place of attendance.

  • (4) For the purposes of subsection (3), a subpoena sent by registered mail is deemed to have been served on the witness five clear days after the postmarked date.

  • (5) No person shall refuse or fail to comply with a requirement of a subpoena issued and served pursuant to this section.

 The witnesses at a public inquiry shall be examined in the order determined by the Presiding Officer.

 Notwithstanding the matters determined by the Presiding Officer under subsection 15(2), the public inquiry may receive evidence that, in the opinion of the Presiding Officer, is relevant and will advance the investigation of the accident, incident or special situation.

  •  (1) After a public inquiry is completed, the Presiding Officer shall report to the Board respecting the facts and circumstances in respect of which evidence was gathered during the public inquiry.

  • (2) A report made pursuant to subsection (1) shall be considered by the Board in making its final findings as to the causes and contributing factors of an accident, incident or special situation.

Witness Fees

  •  (1) Any witness attending at an investigation of an accident, incident or special situation pursuant to subparagraph 19(9)(a)(i) of the Act, or at a public inquiry held pursuant to subsection 12(2) of these Regulations, shall be paid

    • (a) a fee of $60 for each day, or portion of a day, that the witness is required to attend; and

    • (b) an allowance for travel and living expenses in accordance with the rates set out in the travel policy contained in the Treasury Board Personnel Management Manual, Volume 13 - Employee Services, as amended from time to time.

  • (2) A person who serves a subpoena on a witness pursuant to these Regulations shall, at the time of service, pay or tender the allowance provided for by paragraph (1)(b).

Presence at Tests

 Where a person is invited to be present at a test pursuant to 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 prior to, during and after the test.

Keeping and Preservation of Records

  •  (1) Where the Board conducts an investigation into an accident, incident or special situation, the Board shall open and maintain a file relating to the investigation.

  • (2) An investigation file referred to in subsection (1) shall contain the relevant evidence gathered during the investigation, including, where applicable,

    • (a) any document as defined in subsection 19(16) of the Act; and

    • (b) records of representations required to be kept by the Board pursuant to paragraph 24(4)(b) of the Act.

  • (3) An investigation file referred to in subsection (1) shall be preserved by the Board for a period of not less than 20 years after the date that the investigation report was made public by the Board.

Meetings of the Board

 The powers, duties and functions of the Board may be exercised

  • (a) at a meeting at which a quorum is present; or

  • (b) by a resolution in writing signed by all of the members.

  •  (1) The Chairperson or any member designated by the Chairperson shall chair any meetings of the Board.

  • (2) Meetings of the Board shall not be open to the public, unless the Board decides otherwise, and may be held at any place in or outside Canada.

 Any question raised at a meeting of the Board shall be decided by a majority of the votes cast on the question by the members present at the meeting and, where there is an equality of votes, the person chairing the meeting shall cast the deciding vote.

  •  (1) If all the members present at a meeting of the Board consent, a member may participate in a meeting of the Board by means of telephone or other communication facilities if such means permit all persons participating in the meeting to communicate orally with each other.

  • (2) A member who participates in a meeting of the Board by any means permitted under subsection (1) is deemed to be present at the meeting.

  • (3) Meetings of the Board shall be held from time to time and at such place as the Chairperson or the member designated by the Chairperson may determine, and reasonable notice of such meetings or of adjourned meetings shall be given to all the members by the Chairperson or the designated member.

 The Board may appoint a day or days in any month for regular meetings of the Board at a place and hour to be named by resolution, and a copy of the resolution shall be provided to each member immediately after being passed, but no other notice shall be required for any such regular meeting.

Warrants

 A warrant issued to an investigator pursuant to subsection 19(3) of the Act shall be in Form 2 set out in the schedule.

 A warrant issued pursuant to subsection 19(3) of the Act in accordance with the procedures referred to in subsection 19(4) of that Act shall be

  • (a) in Form 2 set out in the schedule; or

  • (b) in Form 5.1 referred to in section 487.1 of the Criminal Code, with such modifications as the circumstances require.

Statutory Summonses

 Where, pursuant to subparagraph 19(9)(a)(i) of the Act, an investigator requests, by notice in writing, that a person

  • (a) produce a document in that person’s possession, the notice shall be in Form 3 set out in the schedule; or

  • (b) attend before the investigator, the notice shall be in Form 4 set out in the schedule.

 Where, pursuant to paragraph 19(9)(b) of the Act, an investigator requests, by notice in writing, that a person involved in the operation of an aircraft, ship, rolling stock or commodity pipeline submit to a medical examination, the notice shall be in Form 5 set out in the schedule.

 Where, pursuant to paragraph 19(9)(c) of the Act, an investigator requests, by notice in writing, that a physician or other health practitioner provide information concerning a patient, the notice shall be in Form 6 set out in the schedule.

 Where, pursuant to paragraph 19(9)(d) of the Act, an investigator requests, by notice in writing, that a person having custody of the body of a deceased person or of human remains permit the performance of an autopsy of the body or a medical examination of the human remains, as the case may be, the notice shall be in Form 7 set out in the schedule.

 Where a notice in writing is issued pursuant to any of sections 30 to 33, the notice shall be given a reasonable period of time prior to the date the person is required to comply with the request contained therein.

SCHEDULE

FORMS 1 TO 7

GRAPHICS ARE NOT DISPLAYED, SEE SOR/92-446, PP. 3357, 3359, 3361, 3363, 3365, 3367, 3369

Date modified: