Bill S-2

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The Senate of Canada
	BILL S-2
	An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act
	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	CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT
	*1. (1) The definitions ``commodity pipeline'' and ``commodity pipeline occurrence'' in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act* are repealed.**
	(2) The definition ``aircraft'' in section 2 of the Act is replaced by the following:
``aircraft'' « aéronef »	``aircraft'' means any machine, including a rocket, 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;
	(3) Section 2 of the Act is amended by adding the following in alphabetical order:
``pipeline'' « pipeline »	``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 property and works connected therewith;
``pipeline occurrence'' « accident de pipeline »	``pipeline occurrence'' means
	(a) any accident or incident associated with the operation of a pipeline, and
	(b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident referred to in paragraph (a);
	2. Subsection 3(3) of the Act is replaced by the following:
Application	(3) This Act also applies in respect of marine occurrences or pipeline occurrences related to an activity concerning the exploration or exploitation of the continental shelf.
	3. (1) Subsection 4(1) of the Act is replaced by the following:
Board established	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 members appointed by the Governor in Council, at least three of whom shall be full-time members.
	(2) Subsections 4(6) and (7) of the Act are replaced by the following:
Remuneration and fees	(6) A full-time member shall be paid the remuneration, and a part-time member shall be paid the fees, that are fixed by the Governor in Council.
Expenses	(7) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.
Retirement pensions	(8) The full-time members are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.
Compensation	(9) The members are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
	4. Subsection 5(5) of the English version of the Act is replaced by the following:
Absence or incapacity of Chairperson	(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 absence, incapacity or vacancy, by the Governor in Council shall act as Chairperson during the continuance of that absence or incapacity or until a new Chairperson is designated.
	5. Subsection 7(1) of the Act is replaced by the following:
Object of the Board	7. (1) The object of the Board is to advance transportation safety by
	(a) conducting independent investigations, including, when necessary, public inquiries, into selected transportation occurrences in order to make findings as to their causes and contributing factors;
	(b) identifying safety deficiencies as evidenced by transportation occurrences;
	(c) making recommendations designed to eliminate or reduce any such safety deficiencies; and
	(d) reporting publicly on its investigations and on the findings in relation thereto.
	6. Paragraph 8(1)(g) of the Act is replaced by the following:
	(g) shall make such recommendations as they consider appropriate.
	7. Paragraph 10(1)(a) of the Act is replaced by the following:

	(a) a Director of Investigations (Air), a Director of Investigations (Marine) and a Director of Investigations (Rail and Pipelines); and
	8. Subsection 12(2) of the Act is repealed.
	9. (1) Subsection 13(1) of the Act is replaced by the following:
Head office	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.
	(2) The portion of subsection 13(3) of the Act before paragraph (b) is replaced by the following:
Annual report	(3) The Board shall report to Parliament through the Minister on its activities, findings and recommendations for each fiscal year and, for that purpose,
	(a) the Board shall submit its report to the Minister within three months after the end of each fiscal year; and
	(3) Section 13 of the Act is amended by adding the following after subsection (3):
Fiscal year	(3.1) The fiscal year of the Board begins on April 1 in one year and ends on March 31 in the next year.
	10. Paragraph 14(4)(a) of the Act is replaced by the following:

	(a) prevents a department from commencing an investigation into or continuing to investigate a transportation occurrence for any purpose other than that of making findings as to its causes and contributing factors, or from investigating any matter that is related to the transportation occurrence and that is not being investigated by the Board; or
	11. The Act is amended by adding the following after section 15:
Agreements with provinces	15.1 (1) The Board may enter into an agreement with a province concerning the exercise by the Board of powers and functions relating to investigations into transportation accidents, incidents and situations or conditions that could, if left unattended, induce an accident or incident that are within the legislative authority of the province. The agreement must provide that the province undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation.
Limitation	(2) Under an agreement with a province, the Board shall only exercise powers and functions compatible with section 7 and all other provisions of this Act.
	12. Section 16 of the Act is replaced by the following:
Compatible procedures and practices	16. The Board shall take all reasonable measures to ensure that the investigation procedures and practices that it follows 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 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 are as compatible as possible with those followed by coroners in the provinces and by those regulatory bodies.
	13. (1) The portion of subsection 19(2) of the Act after paragraph (a) is replaced by the following:

	(b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant.
	(2) Paragraph 19(9)(a) of the Act is replaced by the following:
	(a) where the investigator believes on reasonable grounds that a person is in possession of information relevant to that investigation,
	(i) by notice in writing signed by the investigator, require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 30, under oath or solemn affirmation if required by the investigator, and
	(ii) make such copies of or take such extracts from the information as the investigator deems necessary for the purposes of the investigation;
	(3) Subsection 19(10) of the Act is replaced by the following:
Persons to comply with requirements imposed under paragraph (9)(a), (c) or (d)	(10) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (9)(a), or 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) Section 19 of the Act is amended by adding the following after subsection (15):
Failure to produce document, etc.	(15.1) Where an investigator has required a person to do something under paragraph (9)(a), (b), (c) or (d) and the person has refused to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for the punishment of the person as if the person had been guilty of contempt of the court, or may make such other order as it finds appropriate.
	(5) The definition ``document'' in subsection 19(16) of the Act is repealed.
	(6) Subsection 19(16) of the Act is amended by adding the following in alphabetical order:
``information' ' « renseigneme nt »	``information'' includes a record regardless of form and a copy of a record;
	14. (1) Paragraph 23(1)(a) of the Act is replaced by the following:

	(a) forthwith provide particulars of the transportation occurrence to any minister responsible for a department having a direct interest in the occurrence; and
	(2) Paragraph 23(2)(a) of the Act is repealed.
	15. (1) Subsection 24(1) of the Act is replaced by the following:
Report made public	24. (1) On completion of any investigation, the Board shall prepare and make available to the public a report on its findings, including any safety deficiencies that it has identified and any recommendations that it considers appropriate in the interests of transportation safety.
	(2) Paragraph 24(4)(a) of the Act is replaced by the following:

	(a) receive representations made pursuant to subsection (2) in any manner the Board considers appropriate;
	(3) Section 24 of the Act is amended by adding the following after subsection (4):
Protection of representation s	(4.1) A representation is privileged, except for one made by a minister responsible for a department having a direct interest in the findings of the Board. Subject to other provisions of this Act or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.
Use by Board	(4.2) The Board may use representations as it considers necessary in the interests of transportation safety.
Making representation s available to coroner	(4.3) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Board, the Board shall make them available to the coroner.
Prohibition of use	(4.4) Except for use by a coroner for the purpose of an investigation, no person shall use representations in any legal, disciplinary or other proceedings.
	(4) Paragraphs 24(5)(a) and (b) of the Act are replaced by the following:

	(a) during its investigation of a transportation occurrence, notify forthwith in writing any 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 any 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, any safety deficiencies it has identified and any recommendations resulting from its findings.
	16. Paragraph 25(1)(b) of the Act is replaced by the following:

	(b) to any coroner investigating the transportation occurrence, where the transportation occurrence involved a fatality and significant progress has been made in the Board's investigation.
	17. (1) Subsection 28(1) of the Act is replaced by the following:

Bill S-2

BILL S-2

CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT