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Bill C-228

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-228

An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and the Canada Labour Code as a consequence

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1989, c. 3; 1993, c. 28; 1996, cc. 10, 31; 1997, c. 9; 1998, cc. 10, 20

CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT

1. (1) Section 2 of the Canadian Transportation Accident Investigation and Safety Board Act is amended by adding the following in alphabetical order:

``bus''
« autobus »

``bus'' means a motor vehicle designed primarily for the transportation of passengers or goods, or both, with a seating capacity for thirty or more persons;

``gross vehicle mass rating''
« masse en charge »

``gross vehicle mass rating'' means the gross vehicle mass rating as defined by a regulation made under paragraph 34(1.1)(a);

``motor vehicle occurrence''
« accident de véhicule automobile »

``motor vehicle occurrence'' means

    (a) any accident or incident associated with the operation of a bus or truck on a public road or highway, 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);

``prescribed''
Version anglaise seulement

``prescribed'' means prescribed by a regulation made under paragraph 34(1.1)(c);

``truck''
« camion »

``truck'' means a motor vehicle designed primarily for the carriage of goods on a public highway, including a truck trailer, tractor trailer and semi-trailer, that has a gross vehicle mass rating of seven thousand two hundred and fifty kilograms or more;

(2) The definition ``transportation occurrence'' in section 2 of the Act is replaced by the following:

``transportatio n occurrence''
« accident de transport »

``transportation occurrence'' means an aviation occurrence, a railway occurrence, a marine occurrence, a pipeline occurrence or a motor vehicle occurrence ;

2. The Act is amended by adding the following after subsection 3(4):

Application

(4.1) Notwithstanding anything in the Motor Vehicle Transport Act, 1987, this Act applies in respect of motor vehicle occurrences

    (a) in Canada, if the bus or truck is within the legislative authority of Parliament; and

    (b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority.

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

Qualification of members

(2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council are collectively knowledgeable about air, marine, rail, pipeline, bus and truck transportation.

4. The portion of subsection 6(1) of the Act after paragraph (b) is replaced by the following:

and in this subsection, ``transportation'' means air, marine, rail, pipeline, bus or truck transportation .

5. (1) Paragraph 10(1)(a) of the Act is replaced by the following:

    (a) a Director of Investigations (Air), a Director of Investigations (Marine), a Director of Investigations (Rail and Pipelines) and a Director of Investigations (Busses and Trucks) ; and

(2) The portion of subsection 10(2) before paragraph (a) is replaced by the following:

Powers of Directors of Investigations

(2) Each of the four Directors mentioned in paragraph (1)(a) has exclusive authority to direct the conduct of the investigations on behalf of the Board under this Act in relation to aviation occurrences, marine occurrences, railway and pipeline occurrences and motor vehicle occurrences, respectively, but

6. (1) The definition ``civil transportation facility'' in subsection 18(1) of the Act is amended by striking out ``or'' at the end of paragraph (b) and by replacing paragraph (c) with the following:

    (c) a pipeline, or

    (d) a bus or truck

(2) Paragraph 18(3)(a) of the Act is replaced by the following:

    (a) a military conveyance and an aircraft, a ship, rolling stock, a bus or truck none of which is a military conveyance;

(3) Paragraph 18(3)(c) of the Act is replaced by the following:

    (c) a military transportation facility and an aircraft, a ship, rolling stock, a bus or truck none of which is a military conveyance.

7. (1) Paragraph 19(9)(b) of the Act is replaced by the following:

    (b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, a ship, rolling stock, a pipeline, bus or truck is, or may be, relevant to the investigation, by notice in writing signed by the investigator, require the person to submit to a medical examination;

(2) Paragraph 19(14)(a) of the Act is replaced by the following:

    (a) to imply that a thing seized pursuant to subsection (1) may not be an aircraft, a ship, an item of rolling stock, a pipeline, bus or truck , or any part thereof; or

(3) The definition ``place'' in subsection 19(16) of the Act is amended by replacing paragraph (a) by the following:

    (a) an aircraft, a ship, rolling stock, any other vessel or vehicle, including a bus or truck, and a pipeline, and

8. (1) Subsection 28(1) of the Act is replaced by the following:

Definition of ``on-board recording''

28. (1) In this section, ``on-board recording'' 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 control room of a ship,

      (iii) the cab of a locomotive, bus or truck, 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, a ship, locomotive, pipeline, bus or truck

that is made, using recording equipment that is intended to not be controlled by the operating personnel, on the flight deck of the aircraft, on the bridge or in the control room of the ship, in the cab of the locomotive, bus or truck 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(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 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, persons who are directly or indirectly involved in the operation of a pipeline and persons who are directly or indirectly involved in the operation of a bus or truck.

9. Subsection 29(1) is amended by adding the following after paragraph (b):

    (b.1) any type of communications respecting the regulation or control of bus or truck traffic or related matters that takes place between prescribed persons,

10. Section 34 of the Act is amended by adding the following after subsection (1):

Regulations

(1.1) The Governor in Council may make regulations

    (a) defining the expression ``gross vehicle mass rating'' for the purposes of section 2;

    (b) defining what constitutes the operation of a bus or truck for the purposes of subsection 28(7); and

    (c) prescribing persons for the purposes of paragraph 29(1)(b.1).

R.S., c. L-2; R.S., cc. 9, 27 (1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41; 1996, cc. 10, 11, 12, 18, 31, 32; 1997, c. 9; 1998, cc. 10, 20, 26

CANADA LABOUR CODE

11. Paragraphs 127(2)(a) and (b) of the Canada Labour Code are replaced by the following:

    (a) an aircraft, a ship, rolling stock, a pipeline, bus or truck, 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

    (b) a motor vehicle on a public road or highway, other than a bus or truck that is the subject of an investigation referred to in paragraph (a).

COMING INTO FORCE

Coming into force

12. This Act comes into force six months after the day it is assented to.

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