Aeronautics Act — A-2 18
Report to the Minister 18 (1) On completion of an investigation, the Authority shall provide a report to the Minister on the Authority’s findings, including any safety deficiencies that the Authority has identified and any recommendations relating to aviation safety that the Authority considers appropriate. Representations on draft report (2) Before providing the report to the Minister, the Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Authority with respect to the draft report before the final report is prepared. 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 — that is not strictly necessary to the study of the draft report or to the making of representations with respect to it. Manner of dealing with representations (4) The Authority shall (a) receive representations made under subsection (2) in any manner the Authority considers appropriate; (b) keep a record of those representations; (c) consider those representations before providing the final report to the Minister; and (d) notify in writing each of the persons who made those representations, indicating how the Authority has disposed of the representations made by that person. Protection of representations (5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part 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 Authority (6) The Authority may use representations as the Authority considers necessary in the interests of aviation safety. Making representations available to coroner (7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Authority, the Authority shall make them available to the coroner. Prohibition of use (8) Except for use by a coroner for the purpose of an investigation, no person is to use representations in any legal, disciplinary or other proceedings. Notification of findings and recommendations (9) The Authority shall (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of any of his or her findings and recommendations, whether interim or final, that, in the Authority’s opinion, require urgent action; and (b) on completion of the investigation, notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of his or her findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies he or she has identified and any recommendations resulting from his or her findings. Minister to reply to Authority (10) A minister, other than the Minister of National Defence, who is notified under subsection (9) of any findings and recommendations on matters relating to defence shall, within 90 days after the day on which they were notified, (a) advise the Minister and the Authority 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 Minister and the Authority if no action will be taken o