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Transportation Safety Board Regulations (SOR/2014-37)

Regulations are current to 2020-11-17 and last amended on 2018-11-23. Previous Versions

PART 2Investigations of Transportation Occurrences and Public Inquiries (continued)

Public Inquiries (continued)

Marginal note:Time and place

 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

  •  (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

  •  (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

 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

 [Repeal]

Coming into Force

 [Repealed, SOR/2018-258, s. 9]

 
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