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This enactment implements recommendations made by the
Canadian Transportation Accident Investigation and Safety Board Act
Review Commission established to review the Canadian
Transportation Accident Investigation and Safety Board Act. It allows
the Board to enter into agreements with the provinces relating to the
investigation of transportation occurrences coming within the
legislative authority of the provinces. It also increases the protection
given to information provided to the Board in the course of its
investigations, and makes some technical amendments.
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Clause 1: The definitions ``pipeline'' and ``pipeline
occurrence'' are new. The definitions ``aircraft'',
``commodity pipeline'' and ``commodity pipeline
occurrence'' in section 2 read as follows:
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``aircraft'' means any machine capable of deriving support in the
atmosphere from reactions of the air, other than a machine designed
to derive support in the atmosphere from reactions against the earth's
surface of air expelled from the machine, and includes a rocket;
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``commodity pipeline'' means a pipeline that is used for the
transportation of commodities and includes all branches, extensions,
pumps, racks, compressors, loading facilities, storage facilities,
reservoirs, tanks, preparation plants, separation plants, interstation
systems of communication and real and personal property and works
connected therewith, but does not include a sewer or water pipeline
that is used solely for municipal purposes;
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``commodity pipeline occurrence'' means
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(a) any accident or incident associated with the operation of a
commodity pipeline, and
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(b) any situation or condition that the Board has reasonable
grounds to believe could, if left unattended, induce an accident or
incident described in paragraph (a);
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Clause 2: Subsection 3(3) reads as follows:
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(3) This Act also applies in respect of marine occurrences related to
an activity concerning the exploration or exploitation of the continental
shelf, where the marine occurrence takes place in waters above the
continental shelf.
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Clause 3: (1) Subsection 4(1) reads as follows:
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4. (1) There is hereby established a board to be known as the
Canadian Transportation Accident Investigation and Safety Board,
consisting of not more than five full-time members appointed by the
Governor in Council.
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(2) Subsections 4(8) and (9) are new. Subsections 4(6)
and (7) reads as follows :
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(6) A member shall be paid such remuneration and expenses as are
fixed by the Governor in Council.
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(7) The provisions of the Public Service Superannuation Act, other
than those relating to tenure, the Government Employees Compensation
Act and any regulations made pursuant to section 9 of the Aeronautics
Act apply to a member.
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Clause 4: Subsection 5(5) reads as follows:
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(5) In the event of the absence or incapacity of the Chairperson, or
if the office of Chairperson is vacant, a member designated, either
before or after that occurrence, by the Governor in Council shall act as
Chairperson during the continuance of that absence or incapacity or
until a new Chairperson is designated.
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Clause 5: Subsection 7(1) reads as follows:
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7. (1) The object of the Board is to advance transportation safety
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(a) by conducting independent investigations and, if necessary,
public inquiries into transportation occurrences in order to make
findings as to their causes and contributing factors;
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(b) by reporting publicly on its investigations and public inquiries
and on the findings in relation thereto;
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(c) by identifying safety deficiencies as evidenced by transportation
occurrences;
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(d) by making recommendations designed to eliminate or reduce any
such safety deficiencies; and
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(e) by initiating and conducting special studies and special
investigations on matters pertaining to safety in transportation.
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Clause 6: The relevant portion of subsection 8(1)
reads as follows:
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8. (1) The members, at meetings convened in accordance with
section 12,
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(g) shall make such recommendations as they see fit.
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Clause 7: The relevant portion of subsection 10(1)
reads as follows:
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10. (1) From among the employees appointed under subsection 9(1),
there shall be
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(a) a Director of Investigations (Air), a Director of Investigations
(Marine) and a Director of Investigations (Rail and Commodity
Pipelines); and
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Clause 8: Subsection 12(2) reads as follows:
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(2) Three members constitute a quorum.
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Clause 9: (1) Subsection 13(1) reads as follows:
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13. (1) The head office of the Board shall be in the National Capital
Region as described in the schedule to the National Capital Act, or at
any other place in Canada designated by the Governor in Council.
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(2) The relevant portion of subsection 13(3) reads as
follows:
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(3) The Board shall report to Parliament through the Minister on its
activities, findings and recommendations for each calendar year and,
for that purpose,
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(a) the Board shall submit its report to the Minister within three
months after the end of each calendar year; and
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(3) New.
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Clause 10: The relevant portion of subsection 14(4)
reads as follows:
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(4) Nothing in subsection (3)
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(a) prevents a department from investigating a transportation
occurrence for any other purpose, or from investigating any matter
that is related to the transportation occurrence and that is not being
investigated by the Board; or
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Clause 11: New.
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Clause 12: Section 16 reads as follows:
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16. The Board and the Directors of Investigations shall take all
reasonable measures to ensure that the investigation procedures and
practices that they follow in relation to transportation occurrences are
compatible with
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(a) any international agreements or conventions to which Canada is
a party, and
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(b) investigation procedures and practices followed by police and
coroners in the provinces and by regulatory bodies established to
administer petroleum activities in offshore areas,
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and the Board shall make all reasonable efforts to enter into agreements
with the governments of the provinces and with those regulatory bodies
in order to ensure that the procedures and practices followed by the
Board and the Directors of Investigations are as compatible as possible
with those followed by police and coroners in the provinces and by
those regulatory bodies.
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Clause 13: (1) The relevant portion of subsection
19(2) reads as follows:
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(2) An investigator shall not exercise the powers referred to in
subsection (1) in relation to a particular place without the consent of the
person apparently in charge of that place unless
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(b) by reason of exigent circumstances, it would not be practical for
the investigator to obtain a warrant,
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and, for the purposes of paragraph (b), exigent circumstances include
circumstances in which the delay necessary to obtain a warrant would
result in danger to human life or safety or the loss or destruction of
evidence.
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(2) The relevant portion of subsection 19(9) reads as
follows:
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(9) An investigator who is investigating a transportation occurrence
may
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(a) where the investigator believes on reasonable grounds that a
person is in possession of a document, or of information relating to
a matter, relevant to that investigation,
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(i) by notice in writing signed by the investigator, require the
person to produce the document to the investigator or to attend
before the investigator and give evidence, under oath or solemn
affirmation, concerning that matter, and
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(ii) make such copies of or take such extracts from the document
as the investigator deems necessary for the purposes of the
investigation;
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(3) Subsection 19(10) reads as follows:
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(10) No person shall refuse or fail to produce a document to an
investigator, or to attend before an investigator and give evidence
concerning a matter, in accordance with a requirement imposed under
paragraph (9)(a), to provide information in accordance with a
requirement imposed under paragraph (9)(c) or to make the body of a
deceased person or other human remains available for the performance
of an autopsy or medical examination in accordance with a requirement
imposed under paragraph (9)(d).
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(4) New.
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(5) The definition ``document'' in subsection 19(16)
reads as follows:
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``document'' includes any correspondence, memorandum, book, plan,
map, drawing, diagram, pictorial or graphic work, photograph, film,
microform, sound recording, videotape, machine-readable record
and any other documentary material, regardless of physical form or
characteristics, and any copy thereof;
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(6) New.
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Clause 14: (1) The relevant portion of subsection
23(1) reads as follows:
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23. (1) Where the Board is notified of a transportation occurrence,
it shall
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(a) forthwith provide particulars of the transportation occurrence to
the Minister of Transport and to any Minister responsible for a
department having a direct interest in the occurrence; and
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(2) The relevant portion of subsection 23(2) reads as
follows:
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(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
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(a) is designated as an observer by the Minister of Transport in order
to obtain timely information relevant to the responsibilities of that
Minister;
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Clause 15: (1) Subsection 24(1) reads as follows:
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24. (1) On completion of any investigation, the Board shall prepare
and make available to the public a report on its findings and any safety
deficiencies that it has identified, and wherever possible shall, in the
interests of transportation safety, include in its report recommendations
based on its findings.
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(2) The relevant portion of subsection 24(4) reads as
follows:
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(4) The Board shall
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(a) receive representations made pursuant to subsection (2) orally or
in writing, as the Board in its discretion sees fit;
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(3) New.
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(4) The relevant portion of subsection 24(5) reads as
follows:
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(5) The Board shall
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(a) during its investigation of a transportation occurrence, notify
forthwith in writing the Minister of Transport and any other 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
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(b) on completion of its investigation of a transportation occurrence,
notify forthwith in writing the Minister of Transport and any other
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 and any
recommendations flowing therefrom.
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Clause 16: The relevant portion of subsection 25(1)
reads as follows:
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25. (1) The Board shall, on a confidential basis, provide an interim
report on the progress and findings of an investigation
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(b) to any peace officer or coroner investigating the transportation
occurrence, where the transportation occurrence involved a fatality
and significant progress has been made in the Board's investigation.
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Clause 17: (1) Subsection 28(1) reads as follows:
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28. (1) In this section, ``on-board recording'' means the whole or any
part of a recording of
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(a) voice communications originating from, or received on or in,
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(i) the flight deck of an aircraft,
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(ii) the bridge or a control room of a ship, or
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(iii) the cab of a locomotive,
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(b) audio signals identifying navigation aids or approach aids
received on or in a place mentioned in paragraph (a), or
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(c) any other sound within the aural environment of a place
mentioned in paragraph (a),
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that is made on the flight deck of the aircraft, on the bridge or in a control
room of the ship or in the cab of the locomotive, as the case may be, and
includes a transcript or substantial summary of such a recording.
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(2) Subsection 28(4) reads as follows:
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(4) The Board may make such use of any on-board recording
obtained under this Act as it considers necessary in the interests of
transportation safety, but, subject to subsection (5), shall not knowingly
communicate or permit to be communicated to anyone any portion
thereof that is unrelated to the causes or contributing factors of the
transportation occurrence under investigation.
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(3) and (4) The relevant portion of subsection 28(5)
reads as follows:
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(5) The Board shall make available any on-board recording obtained
under this Act to
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(a) a peace officer authorized by law to gain access thereto;
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(c) any person carrying out a coordinated investigation under section
18 or designated as an observer by the Minister of Transport under
subsection 23(2).
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(5) Subsection 28(7) reads as follows:
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(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
except civil 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, and persons who relay
messages respecting air or rail traffic control, marine traffic regulation,
or related matters.
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Clause 18: (1) New. The relevant portion of
subsection 29(1) reads as follows:
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29. (1) In this section, ``communication record'' means the whole or
any part of any record, recording, copy, transcript or substantial
summary of
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(2) Subsections 29(2) to (6) read as follows:
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(2) Any communication record 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.
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(3) Subject to subsections (4) and (5) and except as required by law,
the Board or any person referred to in subsection (2) or (5) shall not
knowingly communicate or permit to be communicated to any person
a communication record obtained under this Act.
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(4) The Board may make such use of any communication record
obtained under this Act as it considers necessary in the interests of
transportation safety.
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(5) The Board shall make available any communication record
obtained under this Act to
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(a) a peace officer authorized by law to gain access thereto;
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(b) a coroner who requests access thereto for the purpose of an
investigation that the coroner is conducting; or
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(c) any person carrying out a coordinated investigation under section
18 or designated as an observer by the Minister of Transport under
subsection 23(2).
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(6) A communication record obtained under this Act shall not be
used against any person referred to in subsection (1) in any criminal
proceedings or, subject to any applicable collective agreement, in any
disciplinary proceedings.
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Clause 19: (1) The relevant portion of subsection
30(1) reads as follows:
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30. (1) For the purposes of this section,
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(2) and (3) The relevant portion of subsection 30(4)
reads as follows:
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(4) The Board shall make statements available to
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(a) a peace officer authorized by law to gain access thereto;
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(c) any person carrying out a coordinated investigation under section
18 or designated as an observer by the Minister of Transport under
subsection 23(2).
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(4) Subsection 30(7) reads as follows:
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(7) A statement shall not be used against the person who made it in
any legal or other proceedings, except in
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(b) a prosecution for perjury or giving contradictory evidence; or
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(c) a prosecution under section 35.
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Clause 20: Sections 32 and 33 read as follows:
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32. (1) The affidavit of an investigator who has conducted or
participated in the investigation of a transportation occurrence,
deposing to the investigator's personal observations, is, subject to
section 33, admissible in evidence in any legal, disciplinary or other
proceedings and, in the absence of evidence to the contrary, is proof of
the truth of those observations.
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(2) Where evidence is offered by affidavit under this section, it is not
necessary to prove the signature or official character of the person
making the affidavit if the official character of that person is set out in
the body of the affidavit.
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(3) An investigator whose evidence may be admitted by affidavit
under this section is not compellable to appear as a witness in the
proceedings unless the court, coroner or other person or body before
whom the proceedings are conducted so orders, for special cause.
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33. An opinion of a member or an investigator as to any person's
fault or civil or criminal liability is not admissible in evidence in any
legal, disciplinary or other proceedings, whether the member or
investigator appears as a witness or the opinion is contained in an
affidavit.
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Clause 21: (1) and (2) The relevant portion of
subsection 34(1) reads as follows:
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34. (1) The Board may, subject to the approval of the Governor in
Council, make regulations
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(c) respecting the attendance of interested parties at tests to
destruction conducted under subsection 19(5);
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(d) for defining the site or sites of a transportation occurrence and
prescribing rules for the protection of those sites;
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(g) respecting the procedures and rules of evidence to be followed
in conducting public inquiries under subsection 21(1);
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Clause 22: The relevant portion of subsection 35(1)
reads as follows:
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35. (1) Every person who
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(c) knowingly gives false or misleading evidence at any
investigation or public inquiry under this Act, or
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Clause 23: Section 63 and the heading before it read
as follows:
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review of act
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63. (1) The Governor in Council shall, in January 1993, appoint one
or more persons to carry out a comprehensive review of the operation
of this Act for the purpose of assessing its effect on the safety of air,
marine, rail and commodity pipeline transportation.
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(2) Persons appointed under subsection (1) may engage the services
of experts, professionals and other staff deemed necessary for carrying
out the review, at such rates of remuneration as the Treasury Board
approves.
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(3) The review shall be completed and a report thereon submitted to
the Minister on or before January 31, 1994.
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(4) The Minister shall cause a copy of the report to be laid before each
House of Parliament on any of the first thirty days on which that House
is sitting after the report is received by the Minister.
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Clause 29: The relevant portion of subsection 127(2)
reads as follows:
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(2) No authorization referred to in subsection (1) is required where
an employee is killed or seriously injured by an accident or incident
involving
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(a) an aircraft, a ship, rolling stock or a commodity pipeline, where
the accident or incident is being investigated under the Aeronautics
Act, the Canada Shipping Act or the Canadian Transportation
Accident Investigation and Safety Board Act; or
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