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

Act current to 2022-09-22 and last amended on 2022-09-02. Previous Versions

Administration (continued)

Marginal note:Interim report to be provided

  •  (1) The Board shall, on a confidential basis, provide an interim report on the progress and findings of an investigation

    • (a) on written request made in respect of that investigation, to any Minister responsible for a department having a direct interest in the subject-matter of the investigation; and

    • (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.

  • Marginal note:Interim report to be used for limited purpose only

    (2) A person, other than a Minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to the examination of the report.

  • 1989, c. 3, s. 25
  • 1998, c. 20, s. 16

Marginal note:Power to reconsider

  •  (1) The Board may, at any time, reconsider any of its findings and recommendations pursuant to an investigation that it has conducted under this Act, whether or not it has made public a report of those findings and recommendations.

  • Marginal note:Where Board must reconsider

    (2) The Board shall reconsider its findings and recommendations pursuant to an investigation that it has conducted under this Act where, in its opinion, new material facts appear.

Marginal note:Board may delegate powers

  •  (1) Subject to subsection (2), the Board may delegate to any person, subject to any limitations specified in the instrument of delegation, any of the powers conferred or duties imposed on the Board under this Act, other than

    • (a) the power of delegation under this subsection;

    • (b) the power to make regulations; and

    • (c) the power to make recommendations.

  • Marginal note:Revocation

    (2) A delegation under subsection (1) may be revoked in writing at any time by the Board.

Privilege

Marginal note:Definition of on-board recording

  •  (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 a control room of a ship,

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

    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 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.

  • Marginal note:Privilege for on-board recordings

    (2) Every on-board recording is privileged and, except as provided by this section, no person, including any person to whom access is provided under this section, shall

    • (a) knowingly communicate an on-board recording or permit it to be communicated to any person; or

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

  • Marginal note:Access by Board

    (3) Any on-board recording 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.

  • Marginal note:Use by Board

    (4) The Board may make any use of any on-board recording obtained under this Act that it considers necessary in the interests of transportation safety, but, subject to subsections (5) and (5.1), shall not knowingly communicate or permit to be communicated to anyone any portion of the recording that is unrelated to the causes or contributing factors of the transportation occurrence under investigation or to the identification of safety deficiencies.

  • Marginal note:Access by peace officers, coroners and other investigators

    (5) The Board shall make available any on-board recording obtained under this Act to

    • (a) [Repealed, 1998, c. 20, s. 17]

    • (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.

  • Marginal note:Power to provide access to certain persons

    (5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization.

  • Marginal note:Authorization under another Act

    (5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and

    • (a) there has been no transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates; or

    • (b) there has been a transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates but that is not investigated under this Act.

  • Marginal note:Power of court or coroner

    (6) Notwithstanding anything in this section, where, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

    • (a) cause notice of the request to be given to the Board, if the Board is not a party to the proceedings;

    • (b) in camera, examine the on-board recording and give the Board a reasonable opportunity to make representations with respect thereto; and

    • (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to such restrictions or conditions as the court or coroner deems appropriate, and may require any person to give evidence that relates to the on-board recording.

  • Marginal note: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 and persons who are directly or indirectly involved in the operation of a pipeline.

  • Marginal note:Definition of court

    (8) For the purposes of subsection (6), court includes a person or persons appointed or designated to conduct a public inquiry into a transportation occurrence pursuant to this Act or the Inquiries Act.

Marginal note:Definition of communication record

  •  (1) In this section, communication record means the whole or any part of any record, recording, copy, transcript or substantial summary of

    • (a) any type of communications respecting air traffic control or related matters that take place between any of the following persons, namely, air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters,

    • (b) any type of communications respecting rail traffic control or related matters that take place between any of the following persons, namely, rail traffic controllers, train crew members, maintenance of way employees, signal maintainers, vehicle operators and persons who relay messages respecting rail traffic control or related matters,

    • (c) any type of communications respecting marine traffic regulation or related matters that take place between any of the following persons, namely, marine traffic regulators, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, ship crew members (including masters, officers, pilots and ice advisers), and staff of Coast Guard radio stations, rescue coordination centres and subcentres and harbour master offices,

    • (d) any type of communications respecting maritime distress, maritime safety or related matters

      • (i) that take place between any of the following persons, namely, Coast Guard radio station operators, ship crew members (including masters, officers, pilots and ice advisers), and staff of vessel traffic services centres, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, rescue coordination centres and subcentres, harbour master offices and ship agents’ offices, or

      • (ii) that take place between any person on shore and a ship via a Coast Guard radio station, or

    • (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.

  • (2) to (5) [Repealed, 1998, c. 20, s. 18]

  • Marginal note:Use prohibited

    (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.

  • 1989, c. 3, s. 29
  • 1998, c. 10, s. 167, c. 20, s. 18

Marginal note:Interpretation

  •  (1) For the purposes of this section and section 19,

    • (a) statement means

      • (i) the whole or any part of an oral, written or recorded statement relating to a transportation occurrence and given, by the author of the statement, to the Board, an investigator or any person acting for the Board or for an investigator,

      • (ii) a transcription or substantial summary of a statement referred to in subparagraph (i), or

      • (iii) conduct that could reasonably be taken to be intended as such a statement; and

    • (b) where a statement is privileged, the identity of its author is privileged to the same extent.

  • Marginal note:Statement privileged

    (2) A statement is privileged, and 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 except as provided by this Act or as authorized in writing by the person who made the statement.

  • Marginal note:Use by Board

    (3) The Board may make such use of any statement as it considers necessary in the interests of transportation safety.

  • Marginal note:Access by peace officers, coroners and other investigators

    (4) The Board shall make statements available to

    • (a) [Repealed, 1998, c. 20, s. 19]

    • (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.

  • Marginal note:Power of court or coroner

    (5) Notwithstanding anything in this section, where, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall

    • (a) in camera, examine the statement; and

    • (b) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to such restrictions or conditions as the court or coroner deems appropriate, and may require any person to give evidence that relates to the statement.

  • Definition of court

    (6) For the purposes of subsection (5), court includes a person or persons appointed or designated to conduct a public inquiry into a transportation occurrence pursuant to this Act or the Inquiries Act.

  • Marginal note:Use prohibited

    (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.

  • 1989, c. 3, s. 30
  • 1998, c. 20, s. 19

Marginal note:Reporting of transportation occurrences

  •  (1) The Board may, subject to the approval of the Governor in Council, make regulations for the establishment and administration of systems for the mandatory or voluntary reporting to the Board of transportation occurrences or such classes thereof as are specified in the regulations.

  • Marginal note:Use of reports

    (2) The Board may, subject to this section, make such use of any report made to it pursuant to regulations made under subsection (1) as it considers necessary in the interests of transportation safety.

  • Marginal note:Rules for protection of identity

    (3) Regulations made under subsection (1) may include rules for the protection of the identity of persons who report transportation occurrences.

  • Marginal note:Certain information privileged

    (4) Where the identity of a person who has made a report to the Board pursuant to regulations made under subsection (1) is protected by rules referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and 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:Use prohibited

    (5) A report made to the Board under a voluntary reporting system established by regulations made under subsection (1) shall not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by rules referred to in subsection (3).

 
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