Transportation Safety Board Regulations (SOR/92-446)

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

18. 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.

• 19. (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.

• 20. (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).

21. 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.

• 22. (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.

23. 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.