Bill C-86

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First Reading

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	SUMMARY
	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.
	EXPLANATORY NOTES
	Canadian Transportation Accident Investigation and Safety Board Act
	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:
	``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;
	``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;
	``commodity pipeline occurrence'' means
	(a) any accident or incident associated with the operation of a commodity pipeline, and
	(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);
	Clause 2: Subsection 3(3) reads as follows:
	(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.
	Clause 3: (1) Subsection 4(1) reads as follows:
	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.
	(2) Subsections 4(8) and (9) are new. Subsections 4(6) and (7) reads as follows :
	(6) A member shall be paid such remuneration and expenses as are fixed by the Governor in Council.
	(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.
	Clause 4: Subsection 5(5) reads as follows:
	(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.
	Clause 5: Subsection 7(1) reads as follows:
	7. (1) The object of the Board is to advance transportation safety
	(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;
	(b) by reporting publicly on its investigations and public inquiries and on the findings in relation thereto;
	(c) by identifying safety deficiencies as evidenced by transportation occurrences;
	(d) by making recommendations designed to eliminate or reduce any such safety deficiencies; and
	(e) by initiating and conducting special studies and special investigations on matters pertaining to safety in transportation.
	Clause 6: The relevant portion of subsection 8(1) reads as follows:
	8. (1) The members, at meetings convened in accordance with section 12,
	...
	(g) shall make such recommendations as they see fit.
	Clause 7: The relevant portion of subsection 10(1) reads as follows:
	10. (1) From among the employees appointed under subsection 9(1), there shall be
	(a) a Director of Investigations (Air), a Director of Investigations (Marine) and a Director of Investigations (Rail and Commodity Pipelines); and
	Clause 8: Subsection 12(2) reads as follows:
	(2) Three members constitute a quorum.
	Clause 9: (1) Subsection 13(1) reads as follows:
	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.
	(2) The relevant portion of subsection 13(3) reads as follows:
	(3) The Board shall report to Parliament through the Minister on its activities, findings and recommendations for each calendar year and, for that purpose,
	(a) the Board shall submit its report to the Minister within three months after the end of each calendar year; and
	(3) New.
	Clause 10: The relevant portion of subsection 14(4) reads as follows:
	(4) Nothing in subsection (3)
	(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
	Clause 11: New.
	Clause 12: Section 16 reads as follows:
	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
	(a) any international agreements or conventions to which Canada is a party, and
	(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,
	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.
	Clause 13: (1) The relevant portion of subsection 19(2) reads as follows:
	(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
	...
	(b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant,
	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.
	(2) The relevant portion of subsection 19(9) reads as follows:
	(9) An investigator who is investigating a transportation occurrence may
	(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,
	(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
	(ii) make such copies of or take such extracts from the document as the investigator deems necessary for the purposes of the investigation;
	(3) Subsection 19(10) reads as follows:
	(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).
	(4) New.
	(5) The definition ``document'' in subsection 19(16) reads as follows:
	``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;
	(6) New.
	Clause 14: (1) The relevant portion of subsection 23(1) reads as follows:
	23. (1) Where the Board is notified of a transportation occurrence, it shall
	(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
	(2) The relevant portion of subsection 23(2) reads as follows:
	(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
	(a) is designated as an observer by the Minister of Transport in order to obtain timely information relevant to the responsibilities of that Minister;
	Clause 15: (1) Subsection 24(1) reads as follows:
	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.
	(2) The relevant portion of subsection 24(4) reads as follows:
	(4) The Board shall
	(a) receive representations made pursuant to subsection (2) orally or in writing, as the Board in its discretion sees fit;
	(3) New.
	(4) The relevant portion of subsection 24(5) reads as follows:
	(5) The Board shall
	(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
	(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.
	Clause 16: The relevant portion of subsection 25(1) reads as follows:
	25. (1) The Board shall, on a confidential basis, provide an interim report on the progress and findings of an investigation
	...
	(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.
	Clause 17: (1) Subsection 28(1) reads as follows:
	28. (1) In this section, ``on-board recording'' means the whole or any part of a recording of
	(a) 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, or
	(iii) the cab of a locomotive,
	(b) audio signals identifying navigation aids or approach aids received on or in a place mentioned in paragraph (a), or
	(c) any other sound within the aural environment of a place mentioned in paragraph (a),
	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.
	(2) Subsection 28(4) reads as follows:
	(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.
	(3) and (4) The relevant portion of subsection 28(5) reads as follows:
	(5) The Board shall make available any on-board recording obtained under this Act to
	(a) a peace officer authorized by law to gain access thereto;
	...
	(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).
	(5) Subsection 28(7) reads as follows:
	(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.
	Clause 18: (1) New. The relevant portion of subsection 29(1) reads as follows:
	29. (1) In this section, ``communication record'' means the whole or any part of any record, recording, copy, transcript or substantial summary of
	(2) Subsections 29(2) to (6) read as follows:
	(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.
	(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.
	(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.
	(5) The Board shall make available any communication record 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 coordinated investigation under section 18 or designated as an observer by the Minister of Transport under subsection 23(2).
	(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.
	Clause 19: (1) The relevant portion of subsection 30(1) reads as follows:
	30. (1) For the purposes of this section,
	(2) and (3) The relevant portion of subsection 30(4) reads as follows:
	(4) The Board shall make statements available to
	(a) a peace officer authorized by law to gain access thereto;
	...
	(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).
	(4) Subsection 30(7) reads as follows:
	(7) A statement shall not be used against the person who made it in any legal or other proceedings, except in
	(a) civil proceedings;
	(b) a prosecution for perjury or giving contradictory evidence; or
	(c) a prosecution under section 35.
	Clause 20: Sections 32 and 33 read as follows:
	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.
	(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.
	(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.
	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.
	Clause 21: (1) and (2) The relevant portion of subsection 34(1) reads as follows:
	34. (1) The Board may, subject to the approval of the Governor in Council, make regulations
	...
	(c) respecting the attendance of interested parties at tests to destruction conducted under subsection 19(5);
	(d) for defining the site or sites of a transportation occurrence and prescribing rules for the protection of those sites;
	...
	(g) respecting the procedures and rules of evidence to be followed in conducting public inquiries under subsection 21(1);
	Clause 22: The relevant portion of subsection 35(1) reads as follows:
	35. (1) Every person who
	...
	(c) knowingly gives false or misleading evidence at any investigation or public inquiry under this Act, or
	Clause 23: Section 63 and the heading before it read as follows:
	review of act
	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.
	(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.
	(3) The review shall be completed and a report thereon submitted to the Minister on or before January 31, 1994.
	(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.
	Canada Labour Code
	Clause 29: The relevant portion of subsection 127(2) reads as follows:
	(2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving
	(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

Bill C-86

SUMMARY

EXPLANATORY NOTES

Canadian Transportation Accident Investigation and Safety Board Act

Canada Labour Code