Transportation Safety Board Regulations (SOR/2014-37)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

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

dangerous goods

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

serious injury

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

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

• 2 (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

  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 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

  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

  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

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

  owner

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

  risk of 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

• 3 (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 which results in any of the events listed in subsection 8.4(2) 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 means an impact, other than an impact associated with normal operating circumstances, between ships or between a ship and another object. (collision)

  master

  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

  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

  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

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

  radio ship reporting station

  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

  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)