| Definition of
``on-board
recording''
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28. (1) In this section, ``on-board
recording'' means the whole or any part of
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(a) a recording of voice communications
originating from, or received on or in,
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(i) the flight deck of an aircraft or a
control facility for aviation operations,
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(ii) the bridge or a control room of a ship,
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(iii) the cab of a locomotive, or
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(iv) the control room or pumping station
of a pipeline, or
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(b) a video recording of the activities of the
operating personnel of an aircraft, ship,
locomotive or pipeline
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that is made, using recording equipment that
is intended to not be controlled by the
operating personnel, on the flight deck of the
aircraft or a control facility for aviation
operations, 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.
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(2) Subsection 28(4) of the Act is replaced
by the following:
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| Use by Board
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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
or to the identification of safety deficiencies.
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(3) Paragraph 28(5)(a) of the Act is
repealed.
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(4) Paragraph 28(5)(c) of the Act is
replaced by the following:
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(c) any person carrying out a coordinated
investigation under section 18.
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(5) Subsection 28(7) of the Act is replaced
by the following:
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| Use
prohibited
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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, 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.
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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):
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(e) any type of communication respecting
the operation of a pipeline that takes place
between persons who are control room
personnel, pumping station personnel,
operating personnel or members of a
maintenance crew or an emergency
response crew.
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(2) Subsections 29(2) to (6) of the Act are
replaced by the following:
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| Use
prohibited
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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
legal proceedings or, subject to any applicable
collective agreement, in any disciplinary
proceedings.
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19. (1) The portion of subsection 30(1) of
the Act before paragraph (a) is replaced by
the following:
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| Interpretation
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30. (1) For the purposes of this section and
section 19,
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(2) Paragraph 30(4)(a) of the Act is
repealed.
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(3) Paragraph 30(4)(c) of the Act is
replaced by the following:
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(c) any person carrying out a coordinated
investigation under section 18.
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(4) Subsection 30(7) of the Act is replaced
by the following:
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| Use
prohibited
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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 a prosecution for
perjury or for giving contradictory evidence or
a prosecution under section 35.
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20. Sections 32 and 33 of the Act are
replaced by the following:
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| Appearance
of investigator
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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
proceedings are conducted so orders for
special cause.
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| Opinions
inadmissible
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33. An opinion of a member or an
investigator is not admissible in evidence in
any legal, disciplinary or other proceedings.
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21. (1) Paragraphs 34(1)(c) and (d) of the
Act are replaced by the following:
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(c) respecting the attendance of interested
persons at tests to destruction conducted
under subsection 19(5);
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(d) defining, for the purposes of an
investigation, the site or sites of a
transportation occurrence and prescribing
rules for the protection of those sites;
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(2) Paragraph 34(1)(g) of the Act is
replaced by the following:
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(g) respecting the procedures and rules to be
followed in conducting public inquiries
under subsection 21(1);
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22. Paragraph 35(1)(c) of the Act is
replaced by the following:
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(c) knowingly gives false or misleading
information at any investigation or public
inquiry under this Act, or
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23. Section 63 of the Act and the heading
before it are repealed.
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| References
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24. The Act is amended by replacing the
expression ``commodity pipeline'' with the
word ``pipeline'' in the following
provisions:
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(c) the portion of subsection 6(1) after
paragraph (b);
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(d) paragraph (c) of the definition ``civil
transportation facility'' in subsection
18(1);
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(e) paragraph (c) of the definition
``military transportation facility'' in
subsection 18(1);
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(g) paragraph 19(14)(a); and
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(h) paragraph (a) of the definition
``place'' in subsection 19(16).
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| References
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25. The Act is amended by replacing the
expression ``commodity pipeline
occurrence'' with the expression ``pipeline
occurrence'' in the following provisions:
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(a) the definition ``transportation
occurrence'' in section 2;
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(b) the portion of subsection 3(4) before
paragraph (a); and
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| References
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26. Every reference to ``commodity
pipeline'' and ``commodity pipeline
occurrence'' 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.
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| Transitional
fiscal year
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27. For the application of subsections
13(3) and (3.1) of the Canadian
Transportation 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.
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| Continuation
in office
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28. Any person who was appointed as
Director of Investigations (Rail and
Commodity Pipelines) and held office
immediately 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 Investigations (Rail and
Commodity Pipelines).
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28.1 For the purpose of any legal,
disciplinary or other proceeding that is
commenced prior to, on or after the coming
into force of this Act, sections 32 and 33 of
the Canadian Transportation Accident
Investigation and Safety Board Act, as they
read immediately before the coming into
force of this Act, continue to apply in
respect of a transportation occurrence, as
that expression was defined in section 2 of
the Act immediately before the coming into
force of this Act.
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| R.S., c. L-2
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| 1996, c. 10,
s. 235
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29. Paragraph 127(2)(a) of the Canada
Labour Code is replaced by the following:
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(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
Canadian Transportation Accident
Investigation and Safety Board Act; or
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