Canadian Transportation Accident Investigation and Safety Board Act (S.C. 1989, c. 3)

Marginal note:Return of seized property

• 20 (1) Any thing seized pursuant to section 19, except recordings as defined in subsection 28(1), shall, unless

  • (a) the owner thereof or a person who appears on reasonable grounds to be entitled thereto consents otherwise in writing, or

  • (b) a court of competent jurisdiction orders otherwise,

  be returned to that owner or person, or to the person from whom it was seized, as soon as possible after it has served the purpose for which it was seized.

• Marginal note:Application for return

  (2) A person from whom any thing was seized pursuant to section 19, except recordings as defined in subsection 28(1), or the owner or any other person who appears on reasonable grounds to be entitled thereto, may apply to a court of competent jurisdiction for an order that the seized thing be returned to the person making the application.

• Marginal note:Order for return

  (3) Where, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it may subsequently be required by the Board under this Act.

• Marginal note:Exception

  (4) This section does not apply in respect of any thing seized and tested to destruction in accordance with subsection 19(5).

Marginal note:Public inquiry

• 21 (1) Where, in the course of an investigation of a transportation occurrence, the Board considers it necessary that a public inquiry be made into the transportation occurrence and the Governor in Council has not caused a public inquiry to be made under Part I of the Inquiries Act, the Chairperson may, subject to section 18, designate a person or persons, who may be or include the Chairperson, to conduct a public inquiry into that transportation occurrence in accordance with any regulations made under section 34 and to report to the Board thereon.

• Marginal note:Powers of persons conducting a public inquiry

  (2) Any person designated to conduct a public inquiry under subsection (1) has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.

Administration

Marginal note:Notification of Board

• 22 (1) Where a department is notified of a transportation occurrence that the Board has the power to investigate under this Act, the department shall

  • (a) forthwith provide the Board with particulars of the transportation occurrence; and

  • (b) forthwith after complying with paragraph (a), advise the Board of any investigation that the department plans to conduct and of any remedial measures that the department plans to take.

• Marginal note:Investigator as observer

  (2) An investigator authorized by the Chairperson may attend as an observer at an investigation conducted by a department referred to in subsection (1) or during the taking of remedial measures by that department following a transportation occurrence.

• Marginal note:Board may review and comment

  (3) Subject to any other Act or law, the Board shall, on request, be provided with and may review and comment on any interim or final report prepared in respect of an investigation conducted by a department referred to in subsection (1).

Marginal note:Notification by Board

• 23 (1) Where the Board is notified of a transportation occurrence, it shall

  • (a) forthwith provide particulars of the transportation occurrence to any minister responsible for a department having a direct interest in the occurrence; and

  • (b) forthwith after complying with paragraph (a), advise the Ministers referred to in paragraph (a) of any investigation that it plans to conduct and the scope of the investigation.

• Marginal note:Observers

  (2) Subject to any conditions that the Board may impose, a person may attend as an observer at an investigation of a transportation occurrence conducted by the Board if the person

  • (a) [Repealed, 1998, c. 20, s. 14]

  • (b) is designated as an observer by the Minister responsible for a department having a direct interest in the subject-matter of the investigation;

  • (c) has observer status or is an accredited representative or an adviser to an accredited representative, pursuant to an international agreement or convention relating to transportation to which Canada is a party; or

  • (d) is invited by the Board to attend as an observer because, in the opinion of the Board, the person has a direct interest in the subject-matter of the investigation and will contribute to achieving the Board’s object.

• Marginal note:Board may remove observer

  (3) The Board may remove an observer from an investigation if the observer contravenes a condition imposed by the Board on the observer’s presence or if, in the Board’s opinion, the observer has a conflict of interest that impedes the conduct of the investigation.

Marginal note:Report made public

• 24 (1) On completion of any investigation, the Board shall prepare and make available to the public a report on its findings, including any safety deficiencies that it has identified and any recommendations that it considers appropriate in the interests of transportation safety.

• Marginal note:Representations on draft report

  (2) Before making public a report under subsection (1), the Board shall, on a confidential basis, send a copy of the draft report on its findings and any safety deficiencies that it has identified to each Minister and any other person who, in the opinion of the Board, has a direct interest in the findings of the Board, and shall give that Minister or other person a reasonable opportunity to make representations to the Board with respect to the draft report before the final report is prepared.

• Marginal note:Confidentiality of draft report

  (3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose, other than the taking of remedial measures, not strictly necessary to the study of, and preparation of representations concerning, the draft report.

• Marginal note:Manner of dealing with representations

  (4) The Board shall

  • (a) receive representations made pursuant to subsection (2) in any manner the Board considers appropriate;

  • (b) keep a record of those representations;

  • (c) consider those representations before preparing its final report; and

  • (d) notify in writing each of the persons who made those representations, indicating how the Board has disposed of that person’s representations.

• Marginal note:Protection of representations

  (4.1) A representation is privileged, except for one made by a minister responsible for a department having a direct interest in the findings of the Board. Subject to other provisions of this Act or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.

• Marginal note:Use by Board

  (4.2) The Board may use representations as it considers necessary in the interests of transportation safety.

• Marginal note:Making representations available to coroner

  (4.3) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Board, the Board shall make them available to the coroner.

• Marginal note:Prohibition of use

  (4.4) Except for use by a coroner for the purpose of an investigation, no person shall use representations in any legal, disciplinary or other proceedings.

• Marginal note:Notification of findings and recommendations

  (5) The Board shall

  • (a) during its investigation of a transportation occurrence, notify forthwith in writing any minister or person who, in the opinion of the Board, has a direct interest in the findings of the Board of any of its findings and recommendations, whether interim or final, that, in the opinion of the Board, require urgent action; and

  • (b) on completion of its investigation of a transportation occurrence, notify forthwith in writing any minister or person who, in the opinion of the Board, has a direct interest in the findings of the Board of its findings as to the causes and contributing factors of the transportation occurrence, any safety deficiencies it has identified and any recommendations resulting from its findings.

• Marginal note:Minister to reply to Board

  (6) A Minister who is notified of the findings and recommendations of the Board under paragraph (5)(a) or (b) shall, within ninety days after being so notified,

  • (a) advise the Board in writing of any action taken or proposed to be taken in response to those findings and recommendations, or

  • (b) provide written reasons to the Board if no action will be taken or if the action to be taken differs from the action that was recommended,

  and, in either case, the Minister shall make that reply available to the public.

• Marginal note:Restrictions

  (7) Where obligations are imposed on the Minister of National Defence under subsection (6), those obligations are subject to such restrictions in the interests of national security as are provided by the National Defence Act or by regulations made under that Act or as the Governor in Council is hereby authorized to prescribe by order.

• Marginal note:Extension of time

  (8) Where the Board is satisfied that a Minister is unable to reply to the Board within the period referred to in subsection (6), the period may be extended as the Board deems necessary.

Marginal note:Interim report to be provided

• 25 (1) The Board shall, on a confidential basis, provide an interim report on the progress and findings of an investigation

  • (a) on written request made in respect of that investigation, to any Minister responsible for a department having a direct interest in the subject-matter of the investigation; and

  • (b) to any coroner investigating the transportation occurrence, where the transportation occurrence involved a fatality and significant progress has been made in the Board’s investigation.

• Marginal note:Interim report to be used for limited purpose only

  (2) A person, other than a Minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to the examination of the report.

Marginal note:Power to reconsider

• 26 (1) The Board may, at any time, reconsider any of its findings and recommendations pursuant to an investigation that it has conducted under this Act, whether or not it has made public a report of those findings and recommendations.

• Marginal note:Where Board must reconsider

  (2) The Board shall reconsider its findings and recommendations pursuant to an investigation that it has conducted under this Act where, in its opinion, new material facts appear.

Marginal note:Board may delegate powers

• 27 (1) Subject to subsection (2), the Board may delegate to any person, subject to any limitations specified in the instrument of delegation, any of the powers conferred or duties imposed on the Board under this Act, other than

  • (a) the power of delegation under this subsection;

  • (b) the power to make regulations; and

  • (c) the power to make recommendations.

• Marginal note:Revocation

  (2) A delegation under subsection (1) may be revoked in writing at any time by the Board.

Privilege

Marginal note:Definition of on-board recording

• 28 (1) In this section, on-board recording means the whole or any part of

  • (a) a recording of voice communications originating from, or received on or in,

    • (i) the flight deck of an aircraft,

    • (ii) the bridge or a control room of a ship,

    • (iii) the cab of a locomotive, or

    • (iv) the control room or pumping station of a pipeline, or

  • (b) a video recording of the activities of the operating personnel of an aircraft, ship, locomotive or pipeline

  that is made, using recording equipment that is intended to not be controlled by the operating personnel, on the flight deck of the aircraft, on the bridge or in a control room of the ship, in the cab of the locomotive or in a place where pipeline operations are carried out, as the case may be, and includes a transcript or substantial summary of such a recording.

• Marginal note:Privilege for on-board recordings

  (2) Every on-board recording is privileged and, except as provided by this section, no person, including any person to whom access is provided under this section, shall

  • (a) knowingly communicate an on-board recording or permit it to be communicated to any person; or

  • (b) be required to produce an on-board recording or give evidence relating to it in any legal, disciplinary or other proceedings.

• Marginal note:Access by Board

  (3) Any on-board recording that relates to a transportation occurrence being investigated under this Act shall be released to an investigator who requests it for the purposes of the investigation.

• Marginal note:Use by Board

  (4) The Board may make any use of any on-board recording obtained under this Act that it considers necessary in the interests of transportation safety, but, subject to subsections (5) and (5.1), shall not knowingly communicate or permit to be communicated to anyone any portion of the recording that is unrelated to the causes or contributing factors of the transportation occurrence under investigation or to the identification of safety deficiencies.

• Marginal note:Access by peace officers, coroners and other investigators

  (5) The Board shall make available any on-board recording obtained under this Act to

  • (a) [Repealed, 1998, c. 20, s. 17]

  • (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or

  • (c) any person carrying out a coordinated investigation under section 18.

• Marginal note:Power to provide access to certain persons

  (5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization.

• Marginal note:Authorization under another Act

  (5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and

  • (a) there has been no transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates; or

  • (b) there has been a transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates but that is not investigated under this Act.

• Marginal note:Power of court or coroner

  (6) Notwithstanding anything in this section, where, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

  • (a) cause notice of the request to be given to the Board, if the Board is not a party to the proceedings;

  • (b) in camera, examine the on-board recording and give the Board a reasonable opportunity to make representations with respect thereto; and

  • (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to such restrictions or conditions as the court or coroner deems appropriate, and may require any person to give evidence that relates to the on-board recording.

• Marginal note:Use prohibited

  (7) An on-board recording may not be used against any of the following persons in disciplinary proceedings, proceedings relating to the capacity or competence of an officer or employee to perform the officer’s or employee’s functions, or in legal or other proceedings, namely, air or rail traffic controllers, marine traffic regulators, aircraft, train or ship crew members (including, in the case of ships, masters, officers, pilots and ice advisers), airport vehicle operators, flight service station specialists, persons who relay messages respecting air or rail traffic control, marine traffic regulation or related matters and persons who are directly or indirectly involved in the operation of a pipeline.

• Marginal note:Definition of court

  (8) For the purposes of subsection (6), court includes a person or persons appointed or designated to conduct a public inquiry into a transportation occurrence pursuant to this Act or the Inquiries Act.