Transportation Safety Board Regulations (SOR/2014-37)

Voluntary Reporting

Marginal note:Report to Board

6 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

7 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

• 8 (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

• 9 (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

10 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

• 11 (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

• 12 (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

• 13 (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.

Summons

Marginal note:Form 2

• 14 (1) If an investigator requires, under subparagraph 19(9)(a)(i) of the Act, the production of information or attendance before the investigator, the summons 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 summons 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 summons 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 summons must be as set out in Form 5 of the schedule.

Public Inquiries

Marginal note:Public hearing

• 15 (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

16 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

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

Marginal note:Pre-inquiry conference

• 18 (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

19 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

• 20 (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

• 21 (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

22 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

23 [Repeal]

Coming into Force

24 [Repealed, SOR/2018-258, s. 9]