11. 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)

• 12. (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.

13. 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.

14. 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.

• 15. (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.

• 16. (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.