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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

Evidence of Investigators

Marginal note:Appearance of investigator

 Except for proceedings before and investigations by a coroner, an investigator is not competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted so orders for special cause.

  • 1989, c. 3, s. 32
  • 1998, c. 20, s. 20

Marginal note:Opinions inadmissible

 An opinion of a member or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.

  • 1989, c. 3, s. 33
  • 1998, c. 20, s. 20

Regulations

Marginal note:Regulations

  •  (1) The Board may, subject to the approval of the Governor in Council, make regulations

    • (a) prescribing the manner of exercising or carrying out any of its powers, duties and functions under this Act and, generally, for its efficient operation;

    • (b) respecting the keeping and preservation of records, documents and other evidence relating to transportation occurrences;

    • (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 19(5);

    • (d) defining, for the purposes of an investigation, the site or sites of a transportation occurrence and prescribing rules for the protection of those sites;

    • (e) for defining the rights or privileges of persons attending investigations as observers or with observer status;

    • (f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation or at a public inquiry conducted under subsection 21(1) and the conditions under which a fee or expenses may be paid to any such witness;

    • (g) respecting the procedures and rules to be followed in conducting public inquiries under subsection 21(1);

    • (h) respecting the forms of warrants issued under section 19 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 19; and

    • (i) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Amending schedule

    (2) The Governor in Council may, by order, amend the schedule by deleting therefrom or adding thereto the name of any board, commission, body or office.

  • Marginal note:Publication of proposed regulations

    (3) Subject to subsection (4), a copy of each regulation that the Board proposes to make under subsection (1) or section 31 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to interested persons to make representations to the Board with respect thereto.

  • Marginal note:Exceptions

    (4) Subsection (3) does not apply in respect of a proposed regulation that

    • (a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no substantive change to an existing regulation.

  • 1989, c. 3, s. 34
  • 1998, c. 20, s. 21

Offences

Marginal note:Offences

  •  (1) Every person who

    • (a) contravenes subsection 19(8), (10) or (11),

    • (b) without lawful excuse, wilfully resists or otherwise obstructs a member or an investigator in the execution of powers or duties under this Act or the regulations,

    • (c) knowingly gives false or misleading information at any investigation or public inquiry under this Act, or

    • (d) makes a report pursuant to section 31 that the person knows to be false or misleading

    is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (2) Every person who contravenes a provision of this Act or the regulations for which no punishment is specified is guilty of an offence punishable on summary conviction.

  • 1989, c. 3, s. 35
  • 1998, c. 20, s. 22

Marginal note:Evidence

  •  (1) Subject to subsections (2) and (3),

    • (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power pursuant to section 19 and stating the results of the exercise of the power, or

    • (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator pursuant to subsection 19(9)

    is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.

  • Marginal note:Notice

    (2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

  • Marginal note:Cross-examination

    (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

Consequential Amendments and Repeal

 [Amendments and repeal]

Transitional

Marginal note:Canadian Aviation Safety Board

  •  (1) Any matter that is in the course of being investigated, or that has been investigated, by the Canadian Aviation Safety Board but on which the report has not been made by that Board when section 41 of this Act comes into force shall, on the coming into force of section 41, subject to anything to the contrary in the policies established under paragraph 8(1)(b), be taken up and continued by the Canadian Transportation Accident Investigation and Safety Board, without further formality, as if it were, or had been, an investigation under this Act.

  • Marginal note:Privilege to continue

    (2) Where, before the coming into force of section 41 of this Act, information was obtained by an investigator pursuant to paragraph 19(g) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

    • (a) subsection 20(3) of the Canadian Aviation Safety Board Act continues to apply in respect of that information; and

    • (b) “Board” in that subsection shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

  • Marginal note:Idem

    (3) Where a cockpit voice recording, as defined in section 32 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, sections 32 to 35 of the Canadian Aviation Safety Board Act, except subsection 33(2), continue to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

    • (a) “Board” in subsections 33(3) and 34(1) shall be read as “Canadian Transportation Accident Investigation and Safety Board”;

    • (b) subsection 33(4) shall be deemed to read as follows:

      • “(4) The Canadian Transportation Accident Investigation and Safety Board shall make available any cockpit voice recording 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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”; and

    • (c) “this Act” in subsection 34(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act”.

  • Marginal note:Idem

    (4) Where an air traffic control recording, as defined in section 36 of the Canadian Aviation Safety Board Act, was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, section 36 of the Canadian Aviation Safety Board Act, except subsection (2) thereof, continues to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

    • (a) in subsections 36(3) and (4), “Board” shall be read as “Canadian Transportation Accident Investigation and Safety Board”, and in subsection 36(3), “release” shall be read as “communicate” and “released” shall be read as “communicated”; and

    • (b) subsection 36(5) shall be deemed to read as follows:

      • “(5) The Canadian Transportation Accident Investigation and Safety Board shall make available any air traffic control recording 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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”.

  • Marginal note:Idem

    (5) Where a statement, as defined in section 37 of the Canadian Aviation Safety Board Act, was obtained by the Canadian Aviation Safety Board or by an investigator before the coming into force of section 41 of this Act, sections 37 to 40 of the Canadian Aviation Safety Board Act continue to apply in respect of that statement after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act,

    • (a) “Board” in subsection 38(2) shall be read as “Canadian Transportation Accident Investigation and Safety Board”;

    • (b) subsection 38(3) shall be deemed to read as follows:

      • “(3) The Canadian Transportation Accident Investigation and Safety Board shall make available any statement 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 co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”;

    • (c) “this Act” in subsection 39(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act”; and

    • (d) “section 43” in section 40 shall be read as “section 35 of the Canadian Transportation Accident Investigation and Safety Board Act”.

  • Marginal note:Idem

    (6) Where, before the coming into force of section 41 of this Act, a person reported an aviation occurrence to the Canadian Aviation Safety Board pursuant to regulations made under subsection 41(1) of the Canadian Aviation Safety Board Act, then, after and notwithstanding the coming into force of section 41 of this Act,

    • (a) subsections 41(2), (4), (5) and (6) of the Canadian Aviation Safety Board Act continue to apply in respect of that report; and

    • (b) “Board” in subsection 41(2) of the Canadian Aviation Safety Board Act shall be read as “Canadian Transportation Accident Investigation and Safety Board”.

 [Repealed, 1996, c. 10, s. 207]

Marginal note:Inquiries under section 40 of Railway Safety Act

 For the sole purpose of enabling the completion under section 40 of the Railway Safety Act of an inquiry by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of an accident or loss of life or property occurring on a railway, where that inquiry was commenced but not completed before the day on which section 51 of this Act comes into force,

  • (a) that person continues to have the same powers and duties under the Railway Safety Act as the person had before the person’s appointment under this Act;

  • (b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and

  • (c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Railway Safety Act as if those duties were being performed under this Act.

 [Repealed, 2001, c. 26, s. 284]

Marginal note:Staff

  •  (1) Every indeterminate employee in the public service of Canada who is transferred to a position in the Canadian Transportation Accident Investigation and Safety Board from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Board in accordance with subsection 9(1).

  • Marginal note:Transfer of premises and supplies

    (2) All premises and supplies that were assigned to the Canadian Aviation Safety Board, the Department of Transport and the National Transportation Agency as at March 28, 1990 and that were connected with their investigations into transportation occurrences at that time are deemed to have been assigned to the Canadian Transportation Accident Investigation and Safety Board, and all additional arrangements made necessary by this Act shall be made by the appropriate departments and other authorities.

  • 1989, c. 3, s. 62
  • 1996, c. 10, s. 208

 [Repealed, 1998, c. 20, s. 23]

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

 
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