Definition of ``on-board recording''

28. (1) In this section, ``on-board record ing'' 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 operat ing personnel , on the flight deck of the air craft, 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.

(2) Subsection 28(4) of the Act is replaced by the following:

Use by Board

(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 subsec tion (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 or to the identification of safety deficiencies .

(3) Paragraph 28(5)(a) of the Act is repealed.

(4) Paragraph 28(5)(c) of the Act is replaced by the following:

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

(5) Subsection 28(7) of the Act is replaced by the following:

Use prohibited

(7) An on-board recording may not be used against any of the following persons in disciplinary proceedings, proceedings relat ing 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 control lers, marine traffic regulators, aircraft, train or ship crew members (including, in the case of ships, masters, officers, pilots and ice advis ers), airport vehicle operators, flight service station specialists, persons who relay mes sages 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 .

18. (1) Subsection 29(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) any type of communication respecting the operation of a pipeline that takes place between persons who are control room personnel, pumping station personnel, op erating personnel or members of a mainte nance crew or an emergency response crew.

(2) Subsections 29(2) to (6) of the Act are replaced by the following:

Use prohibited

(6) A communication record obtained un der this Act shall not be used against any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.

19. (1) The portion of subsection 30(1) of the Act before paragraph (a) is replaced by the following:

Interpreta-
tion

30. (1) For the purposes of this section and section 19 ,

(2) Paragraph 30(4)(a) of the Act is repealed.

(3) Paragraph 30(4)(c) of the Act is replaced by the following:

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

(4) Subsection 30(7) of the Act is replaced by the following:

Use prohibited

(7) A statement shall not be used against the person who made it in any legal or other proceedings except in a prosecution for perju ry or for giving contradictory evidence or a prosecution under section 35.

20. Sections 32 and 33 of the Act are replaced by the following:

Appearance of investigator

32. Except for proceedings before and investigations by a coroner , an investigator is not competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the pro ceedings are conducted so orders for special cause.

Opinions inadmissible

33. An opinion of a member or an investiga tor is not admissible in evidence in any legal, disciplinary or other proceedings.

21. (1) Paragraphs 34(1)(c) and (d) of the Act are replaced by the following:

    (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 19(5);

    (d) defining, for the purposes of an inves tigation , the site or sites of a transportation occurrence and prescribing rules for the protection of those sites;

(2) Paragraph 34(1)(g) of the Act is replaced by the following:

    (g) respecting the procedures and rules to be followed in conducting public inquiries under subsection 21(1);

22. Paragraph 35(1)(c) of the Act is replaced by the following:

    (c) knowingly gives false or misleading information at any investigation or public inquiry under this Act, or

23. Section 63 of the Act and the heading before it are repealed.

References

24. The Act is amended by replacing the expression ``commodity pipeline'' with the word ``pipeline'' in the following provi sions:

    (a) paragraph 3(4)(a);

    (b) subsection 4(2);

    (c) the portion of subsection 6(1) after paragraph (b);

    (d) paragraph (c) of the definition ``civil transportation facility'' in subsection 18(1);

    (e) paragraph (c) of the definition ``mili tary transportation facility'' in subsec tion 18(1);

    (f) paragraph 19(9)(b);

    (g) paragraph 19(14)(a); and

    (h) paragraph (a) of the definition ``place'' in subsection 19(16).

References

25. The Act is amended by replacing the expression ``commodity pipeline occur rence'' with the expression ``pipeline occur rence'' in the following provisions:

    (a) the definition ``transportation occur rence'' in section 2;

    (b) the portion of subsection 3(4) before paragraph (a); and

    (c) subsection 10(2).

References

26. Every reference to ``commodity pipe line'' and ``commodity pipeline occur rence'' in any order, regulation or other instrument made under the Act shall, unless the context otherwise requires, be read as references to ``pipeline'' and ``pipeline occurrence'', respectively.

TRANSITIONAL PROVISIONS

Transitional fiscal year

27. For the application of subsections 13(3) and (3.1) of the Canadian Transporta tion Accident Investigation and Safety Board Act, as enacted by subsection 9(2) of this Act, the first fiscal year of the Board is the period beginning on January 1 of the year in which subsection 9(2) comes into force and ending on March 31 of the following year.

Continuation in office

28. Any person who was appointed as Director of Investigations (Rail and Com modity Pipelines) and held office immedi ately before the day on which section 7 comes into force continues, on that day, to hold office as Director of Investigations (Rail and Pipelines) according to the terms of their appointment as Director of Inves tigations (Rail and Commodity Pipelines).

CONSEQUENTIAL AMENDMENT

R.S., c. L-2

Canada Labour Code

1996, c. 10, s. 235

29. Paragraph 127(2)(a) of the Canada Labour Code is replaced by the following:

    (a) an aircraft, a ship, rolling stock or a pipeline, where the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act or the Cana dian Transportation Accident Investigation and Safety Board Act; or