Aeronautics Act — A-2 23
On-board recording — board of inquiry 23 (1) The Authority shall make available to a board of inquiry convened under section 45 of the National Defence Act any on-board recording in respect of an aircraft, whether or not that aircraft has been involved in a military-civilian occurrence, if (a) the president of that board makes a written request, together with reasons, for access to the on-board recording; and (b) after considering the reasons, the Authority determines that (i) the aircraft was operated by or on behalf of the Canadian Forces when the on-board recording was made, and (ii) the public interest in the proper administration of the Canadian Forces outweighs in importance the privilege attached to the on-board recording by virtue of section 22. Notice of refusal (2) If the Authority refuses the request, he or she shall give written notice of the refusal to the president and reasons for it. Request to Minister (3) On receipt of the notice of refusal, the president may make a written request to the Minister for access to the on-board recording. If the president makes such a request, he or she shall include the written reasons originally submitted to the Authority, along with the Authority’s reasons for refusal, and may include additional written representations, a copy of which is to be provided to the Authority. Determination by Authority — additional representations (4) The Authority shall, on receipt of any additional representations, consider them and, (a) if he or she determines that the representations raise a new issue and makes the determinations listed in paragraph (1)(b), he or she shall so notify the Minister and make available the on-board recording to the board of inquiry; or (b) if he or she determines that the representations do not raise a new issue or determines that the representations do raise a new issue but does not make the determinations listed in paragraph (1)(b), he or she shall not make available the on-board recording to the board of inquiry, shall give written notice to the Minister of the determination and the reasons for it, and shall provide a copy to the president. Consideration by Minister (5) On receipt of a request under subsection (3) without any additional written representations, the Minister shall consider the reasons included with the president’s request. If a request under subsection (3) includes additional written representations, the Minister shall, on receipt of notice of the Authority’s refusal under paragraph (4)(b) to make available the on-board recording to the board of inquiry, consider the reasons included with the president’s request together with the additional written representations and the Authority’s written reasons for the refusal in response to those representations. The Minister may, in consideration of the request, examine the on-board recording in camera . Determination by Minister (6) The Minister shall (a) direct the Authority to make the on-board recording available to the board of inquiry, subject to any restrictions or conditions that the Minister considers appropriate, if the Minister makes the determinations listed in paragraph (1)(b); or (b) so notify the president and the Authority if the Minister does not make the determinations listed in paragraph (1)(b). Decision final (7) The Minister’s decision is final and binding and not subject to appeal or review by any court. Exception (8) Despite subsection 22(9), an on-board recording that is made available to a board of inquiry under this section may be used in other proceedings relating to the capacity or competence of any person who is subject to the Code of Service Discipline set out in Part III of the National Defence Act . R.S., 1985, c. A-2, s. 23; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19