Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Transportation Accident Investigation and Safety Board Act (S.C. 1989, c. 3)

Act current to 2022-09-11 and last amended on 2022-09-02. Previous Versions

Investigations and Public Inquiries (continued)

Marginal note:Powers of investigators

  •  (1) Where an investigator believes on reasonable grounds that there is, or may be, at or in any place, any thing relevant to the conduct of an investigation of a transportation occurrence, the investigator may, subject to subsection (2), enter and search that place for any such thing, and seize any such thing that is found in the course of that search.

  • Marginal note:Conditions for exercise of powers under subsection (1)

    (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

    • (a) those powers are so exercised in relation to that place under the authority of a warrant, or

    • (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant.

  • Marginal note:Issue of warrant authorizing exercise of powers under subsection (1)

    (3) Where a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is, or may be, at or in any place, any thing relevant to the conduct of an investigation of a transportation occurrence, the justice may, on ex parte application, issue a warrant signed by the justice authorizing the investigator to enter and search that place for any such thing and to seize any such thing found in the course of that search.

  • Marginal note:Warrants may be obtained by telephone, etc.

    (4) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 34(1)(h).

  • Marginal note:Power to test things seized, etc.

    (5) Where any thing is seized by an investigator under subsection (1), the investigator

    • (a) may, subject to paragraph (b), cause such tests, including tests to destruction, to be conducted on the thing as are necessary for the purposes of the investigation in respect of which the thing was seized;

    • (b) shall, to the extent that it is practical and safe to do so and does not unreasonably impede the progress of the investigation,

      • (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at any tests referred to in paragraph (a), and

      • (ii) allow persons referred to in subparagraph (i) to be present at those tests; and

    • (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return in accordance with section 20.

  • Marginal note:Power to exclude persons from particular areas

    (6) An investigator may, for the purposes of preserving and protecting any thing involved or likely to have been involved in a transportation occurrence, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for such period as is necessary for the purposes of the investigation of the transportation occurrence.

  • Marginal note:Disruption to be minimized

    (7) In exercising the power conferred by subsection (6), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services.

  • Marginal note:Offence in respect of exclusion order

    (8) No person shall knowingly enter an area in contravention of a prohibition or limitation of access pursuant to subsection (6).

  • Marginal note:Additional powers of investigators

    (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 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;

    • (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, ship, rolling stock or pipeline 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;

    • (c) where the investigator believes on reasonable grounds that a physician or other health practitioner has information concerning a patient that is relevant to that investigation, by notice in writing signed by the investigator, require the physician or practitioner to provide that information to the investigator; or

    • (d) where the investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased person, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, cause such an autopsy or medical examination to be performed and, for that purpose, by notice in writing signed by the investigator, require the person having custody of the body of the deceased person or other human remains to permit the performance of that autopsy or that medical examination.

  • Marginal note: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).

  • Marginal note:Persons to comply with requirements imposed under paragraph (9)(b)

    (11) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (9)(b), but information obtained pursuant to such an examination is privileged and, subject to the power of the Board to make such use of it as the Board considers necessary in the interests of transportation safety, no person shall

    • (a) knowingly communicate it or permit it to be communicated to any person; or

    • (b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.

  • Marginal note:Certificate to be produced

    (12) Before acting under this section, an investigator shall, on request, produce the investigator’s certificate of appointment to any person in relation to whom the investigator acts.

  • Marginal note:Meaning of medical examination for certain purposes

    (13) The requirement under subsection (9) that a person submit to a medical examination shall not be construed as a requirement that the person submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

  • Marginal note:Idem

    (14) Nothing in this section shall be taken

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

    • (b) to authorize the exercise of a power by an investigator in circumstances where the exercise of that power would be inconsistent with section 18.

  • Marginal note:Use of force

    (15) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note: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.

  • Marginal note:Definitions

    (16) In this section,

    document

    document[Repealed, 1998, c. 20, s. 13]

    information

    information includes a record regardless of form and a copy of a record; (renseignement)

    place

    place includes

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

    • (b) any premises or any building or other structure erected on those premises. (lieu)

  • 1989, c. 3, s. 19
  • 1998, c. 20, ss. 13, 24

Marginal note:Return of seized property

  •  (1) Any thing seized pursuant to section 19, except recordings as defined in subsection 28(1), shall, unless

    • (a) the owner thereof or a person who appears on reasonable grounds to be entitled thereto consents otherwise in writing, or

    • (b) a court of competent jurisdiction orders otherwise,

    be returned to that owner or person, or to the person from whom it was seized, as soon as possible after it has served the purpose for which it was seized.

  • Marginal note:Application for return

    (2) A person from whom any thing was seized pursuant to section 19, except recordings as defined in subsection 28(1), or the owner or any other person who appears on reasonable grounds to be entitled thereto, may apply to a court of competent jurisdiction for an order that the seized thing be returned to the person making the application.

  • Marginal note:Order for return

    (3) Where, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it may subsequently be required by the Board under this Act.

  • Marginal note:Exception

    (4) This section does not apply in respect of any thing seized and tested to destruction in accordance with subsection 19(5).

Marginal note:Public inquiry

  •  (1) Where, in the course of an investigation of a transportation occurrence, the Board considers it necessary that a public inquiry be made into the transportation occurrence and the Governor in Council has not caused a public inquiry to be made under Part I of the Inquiries Act, the Chairperson may, subject to section 18, designate a person or persons, who may be or include the Chairperson, to conduct a public inquiry into that transportation occurrence in accordance with any regulations made under section 34 and to report to the Board thereon.

  • Marginal note:Powers of persons conducting a public inquiry

    (2) Any person designated to conduct a public inquiry under subsection (1) has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.

Administration

Marginal note:Notification of Board

  •  (1) Where a department is notified of a transportation occurrence that the Board has the power to investigate under this Act, the department shall

    • (a) forthwith provide the Board with particulars of the transportation occurrence; and

    • (b) forthwith after complying with paragraph (a), advise the Board of any investigation that the department plans to conduct and of any remedial measures that the department plans to take.

  • Marginal note:Investigator as observer

    (2) An investigator authorized by the Chairperson may attend as an observer at an investigation conducted by a department referred to in subsection (1) or during the taking of remedial measures by that department following a transportation occurrence.

  • Marginal note:Board may review and comment

    (3) Subject to any other Act or law, the Board shall, on request, be provided with and may review and comment on any interim or final report prepared in respect of an investigation conducted by a department referred to in subsection (1).

Marginal note:Notification by Board

  •  (1) Where the Board is notified of a transportation occurrence, it shall

    • (a) forthwith provide particulars of the transportation occurrence to any minister responsible for a department having a direct interest in the occurrence; and

    • (b) forthwith after complying with paragraph (a), advise the Ministers referred to in paragraph (a) of any investigation that it plans to conduct and the scope of the investigation.

  • Marginal note:Observers

    (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) [Repealed, 1998, c. 20, s. 14]

    • (b) is designated as an observer by the Minister responsible for a department having a direct interest in the subject-matter of the investigation;

    • (c) has observer status or is an accredited representative or an adviser to an accredited representative, pursuant to an international agreement or convention relating to transportation to which Canada is a party; or

    • (d) is invited by the Board to attend as an observer because, in the opinion of the Board, the person has a direct interest in the subject-matter of the investigation and will contribute to achieving the Board’s object.

  • Marginal note:Board may remove observer

    (3) The Board may remove an observer from an investigation if the observer contravenes a condition imposed by the Board on the observer’s presence or if, in the Board’s opinion, the observer has a conflict of interest that impedes the conduct of the investigation.

  • 1989, c. 3, s. 23
  • 1998, c. 20, s. 14

Marginal note:Report made public

  •  (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.

  • Marginal note:Representations on draft report

    (2) Before making public a report under subsection (1), the Board shall, on a confidential basis, send a copy of the draft report on its findings and any safety deficiencies that it has identified to each Minister and any other person who, in the opinion of the Board, has a direct interest in the findings of the Board, and shall give that Minister or other person a reasonable opportunity to make representations to the Board with respect to the draft report before the final report is prepared.

  • Marginal note:Confidentiality of draft report

    (3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose, other than the taking of remedial measures, not strictly necessary to the study of, and preparation of representations concerning, the draft report.

  • Marginal note:Manner of dealing with representations

    (4) The Board shall

    • (a) receive representations made pursuant to subsection (2) in any manner the Board considers appropriate;

    • (b) keep a record of those representations;

    • (c) consider those representations before preparing its final report; and

    • (d) notify in writing each of the persons who made those representations, indicating how the Board has disposed of that person’s representations.

  • Marginal note:Protection of representations

    (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.

  • Marginal note:Use by Board

    (4.2) The Board may use representations as it considers necessary in the interests of transportation safety.

  • Marginal note:Making representations 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.

  • Marginal note: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.

  • Marginal note:Notification of findings and recommendations

    (5) The Board shall

    • (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.

  • Marginal note:Minister to reply to Board

    (6) A Minister who is notified of the findings and recommendations of the Board under paragraph (5)(a) or (b) shall, within ninety days after being so notified,

    • (a) advise the Board in writing of any action taken or proposed to be taken in response to those findings and recommendations, or

    • (b) provide written reasons to the Board if no action will be taken or if the action to be taken differs from the action that was recommended,

    and, in either case, the Minister shall make that reply available to the public.

  • Marginal note:Restrictions

    (7) Where obligations are imposed on the Minister of National Defence under subsection (6), those obligations are subject to such restrictions in the interests of national security as are provided by the National Defence Act or by regulations made under that Act or as the Governor in Council is hereby authorized to prescribe by order.

  • Marginal note:Extension of time

    (8) Where the Board is satisfied that a Minister is unable to reply to the Board within the period referred to in subsection (6), the period may be extended as the Board deems necessary.

  • 1989, c. 3, s. 24
  • 1998, c. 20, s. 15
 
Date modified: