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

Consequential Amendments and Repeal

37 to 57 [Amendments and repeal]

Transitional

Marginal note:Canadian Aviation Safety Board

• 58 (1) Any matter that is in the course of being investigated, or that has been investigated, by the Canadian Aviation Safety Board but on which the report has not been made by that Board when section 41 of this Act comes into force shall, on the coming into force of section 41, subject to anything to the contrary in the policies established under paragraph 8(1)(b), be taken up and continued by the Canadian Transportation Accident Investigation and Safety Board, without further formality, as if it were, or had been, an investigation under this Act.

• Marginal note:Privilege to continue

  (2) Where, before the coming into force of section 41 of this Act, information was obtained by an investigator pursuant to paragraph 19(g) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

  • (a) subsection 20(3) of the Canadian Aviation Safety Board Act continues to apply in respect of that information; and

  • (b) “Board” in that subsection shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

• Marginal note:Idem

  (3) Where a cockpit voice recording, as defined in section 32 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, sections 32 to 35 of the Canadian Aviation Safety Board Act, except subsection 33(2), continue to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

  • (a) “Board” in subsections 33(3) and 34(1) shall be read as “Canadian Transportation Accident Investigation and Safety Board”;

  • (b) subsection 33(4) shall be deemed to read as follows:

    • “(4) The Canadian Transportation Accident Investigation and Safety Board shall make available any cockpit voice recording obtained under this Act to

      • (a) a peace officer authorized by law to gain access thereto;

      • (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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”; and

  • (c) “this Act” in subsection 34(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act”.

• Marginal note:Idem

  (4) Where an air traffic control recording, as defined in section 36 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, section 36 of the Canadian Aviation Safety Board Act, except subsection (2) thereof, continues to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

  • (a) in subsections 36(3) and (4), “Board” shall be read as “Canadian Transportation Accident Investigation and Safety Board”, and in subsection 36(3), “release” shall be read as “communicate” and “released” shall be read as “communicated”; and

  • (b) subsection 36(5) shall be deemed to read as follows:

    • “(5) The Canadian Transportation Accident Investigation and Safety Board shall make available any air traffic control recording obtained under this Act to

      • (a) a peace officer authorized by law to gain access thereto;

      • (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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”.

• Marginal note:Idem

  (5) Where a statement, as defined in section 37 of the Canadian Aviation Safety Board Act, was obtained by the Canadian Aviation Safety Board or by an investigator before the coming into force of section 41 of this Act, sections 37 to 40 of the Canadian Aviation Safety Board Act continue to apply in respect of that statement after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

  • (a) “Board” in subsection 38(2) shall be read as “Canadian Transportation Accident Investigation and Safety Board”;

  • (b) subsection 38(3) shall be deemed to read as follows:

    • “(3) The Canadian Transportation Accident Investigation and Safety Board shall make available any statement obtained under this Act to

      • (a) a peace officer authorized by law to gain access thereto;

      • (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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”;

  • (c) “this Act” in subsection 39(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act”; and

  • (d) “section 43” in section 40 shall be read as “section 35 of the Canadian Transportation Accident Investigation and Safety Board Act”.

• Marginal note:Idem

  (6) Where, before the coming into force of section 41 of this Act, a person reported an aviation occurrence to the Canadian Aviation Safety Board pursuant to regulations made under subsection 41(1) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

  • (a) subsections 41(2), (4), (5) and (6) of the Canadian Aviation Safety Board Act continue to apply in respect of that report; and

  • (b) “Board” in subsection 41(2) of the Canadian Aviation Safety Board Act shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

59 [Repealed, 1996, c. 10, s. 207]

Marginal note:Inquiries under section 40 of Railway Safety Act

60 For the sole purpose of enabling the completion under section 40 of the Railway Safety Act of an inquiry by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of an accident or loss of life or property occurring on a railway, where that inquiry was commenced but not completed before the day on which section 51 of this Act comes into force,

• (a) that person continues to have the same powers and duties under the Railway Safety Act as the person had before the person’s appointment under this Act;

• (b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and

• (c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Railway Safety Act as if those duties were being performed under this Act.

61 [Repealed, 2001, c. 26, s. 284]

Marginal note:Staff

• 62 (1) Every indeterminate employee in the public service of Canada who is transferred to a position in the Canadian Transportation Accident Investigation and Safety Board from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Board in accordance with subsection 9(1).

• Marginal note:Transfer of premises and supplies

  (2) All premises and supplies that were assigned to the Canadian Aviation Safety Board, the Department of Transport and the National Transportation Agency as at March 28, 1990 and that were connected with their investigations into transportation occurrences at that time are deemed to have been assigned to the Canadian Transportation Accident Investigation and Safety Board, and all additional arrangements made necessary by this Act shall be made by the appropriate departments and other authorities.

63 [Repealed, 1998, c. 20, s. 23]

Coming into Force

Marginal note:Coming into force

Footnote ^*64 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force March 29, 1990, see SI/90-63.]