GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 18
Definitions 18 (1) In this section, civil transportation facility means (a) an installation designed or used to facilitate the operation or maintenance of an aircraft or ship, (b) a railway, or (c) a pipeline that is not a military transportation facility; ( installation de transport civile ) military conveyance means an aircraft, ship, rolling stock, motor vehicle or any other machine designed for movement from place to place, that is operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force; ( moyen de transport militaire ) military transportation facility means (a) an installation designed or used to facilitate the operation or maintenance of an aircraft, ship, motor vehicle or any other machine designed for movement from place to place, (b) a railway, or (c) a pipeline that is operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force; ( installation de transport militaire ) visiting force means a visiting force as defined in section 2 of the Visiting Forces Act . ( force étrangère présente au Canada ) Military conveyance or military transportation facility (2) Subject to subsection (3), the Board shall not investigate a transportation occurrence that involves a military conveyance or military transportation facility. Where Board may investigate (3) The Board may investigate a transportation occurrence that involves (a) a military conveyance and an aircraft, ship or rolling stock none of which is a military conveyance; (b) a military conveyance and a civil transportation facility; or (c) a military transportation facility and an aircraft, ship or rolling stock none of which is a military conveyance. Investigations to be coordinated (4) If a transportation occurrence referred to in subsection (3) is being investigated by the Board and by the Department of National Defence, the Canadian Forces or a visiting force, the Board and either the Minister of National Defence or the Authority designated under section 12 of the Aeronautics Act shall take all reasonable measures to ensure that the investigations are coordinated. 1989, c. 3, s. 18; 1998, c. 20, s. 24; 2014, c. 29, s. 23
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
civil transportation facility means (a) an installation designed or used to facilitate the operation or maintenance of an aircraft or ship, (b) a railway, or (c) a pipeline that is not a military transportation facility; ( installation de transport civile )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
military conveyance means an aircraft, ship, rolling stock, motor vehicle or any other machine designed for movement from place to place, that is operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force; ( moyen de transport militaire )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
military transportation facility means (a) an installation designed or used to facilitate the operation or maintenance of an aircraft, ship, motor vehicle or any other machine designed for movement from place to place, (b) a railway, or (c) a pipeline that is operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force; ( installation de transport militaire )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
visiting force means a visiting force as defined in section 2 of the Visiting Forces Act . ( force étrangère présente au Canada )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 19
s 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. Definitions (16) In this section, document [Repealed, 1998, c. 20, s. 13] information includes a record regardless of form and a copy of a record; ( renseignement ) 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
information includes a record regardless of form and a copy of a record; ( renseignement )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
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 )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 20
Return of seized property 20 (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. 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. 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. Exception (4) This section does not apply in respect of any thing seized and tested to destruction in accordance with subsection 19(5).
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 21
Public inquiry 21 (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. 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.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 22
Notification of Board 22 (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. 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. 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).
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 23
Notification by Board 23 (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. 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. 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 24
n either case, the Minister shall make that reply available to the public. 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. 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 25
Interim report to be provided 25 (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. 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 26
Power to reconsider 26 (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. 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.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 27
Board may delegate powers 27 (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. Revocation (2) A delegation under subsection (1) may be revoked in writing at any time by the Board.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 28
ourt 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. 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. 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 . 1989, c. 3, s. 28; 1998, c. 20, s. 17 2018, c. 10, s. 67 2019, c. 28, s. 194
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 29
Definition of communication record 29 (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] 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 30
Interpretation 30 (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. 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. Use by Board (3) The Board may make such use of any statement as it considers necessary in the interests of transportation safety. 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. 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 . 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
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 31
Reporting of transportation occurrences 31 (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. 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. 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. 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. 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).
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 32
Appearance of investigator 32 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
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Opinions inadmissible 33 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