GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
pipeline occurrence means (a) any accident or incident associated with the operation of a pipeline, and (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident referred to in paragraph (a); ( accident de pipeline )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
railway includes all branches, extensions, sidings, yards, stations, depots, wharfs, equipment, stores, signals, control systems, railway bridges, tunnels and other property, railway-related structures and facilities, and works connected therewith; ( chemin de fer )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
railway occurrence means (a) any accident or incident associated with the operation of rolling stock on a railway, and (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a); ( accident ferroviaire )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
rolling stock means every description of car or other railway equipment that is designed for movement on its wheels along a line of railway and, without limiting the generality of the foregoing, includes any locomotive, engine, track motor car, tender, snow-plough, flanger and railway crane that is so designed; ( matériel roulant )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 (a)
ship includes (a) every description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion, and (b) a dynamically supported craft; ( navire )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4
transportation occurrence means an aviation occurrence, a railway occurrence, a marine occurrence or a pipeline occurrence. ( accident de transport )
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 3
Application 3 (1) This Act applies in respect of aviation occurrences (a) in or over Canada; (b) in or over any place that is under Canadian air traffic control; and (c) in or over any other place, if (i) Canada is requested to investigate the aviation occurrence by an appropriate authority, or (ii) the aviation occurrence involves an aircraft in respect of which, or that is operated by a person to whom, a Canadian aviation document has been issued under Part I of the Aeronautics Act . Idem (2) This Act applies in respect of marine occurrences (a) in Canada; and (b) in any other place, including waters described in subsection (3), if (i) Canada is requested to investigate the marine occurrence by an appropriate authority, (ii) the marine occurrence involves a ship registered or licensed in Canada, or (iii) a competent witness to, or person having information concerning a matter that may have contributed to, the marine occurrence arrives or is found at any place in Canada. Application (3) This Act also applies in respect of marine occurrences or pipeline occurrences related to an activity concerning the exploration or exploitation of the continental shelf. Idem (4) This Act applies in respect of railway occurrences and pipeline occurrences (a) in Canada, if the railway or pipeline is within the legislative authority of Parliament; and (b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority. (5) [Repealed, 1996, c. 31, s. 64] Restrictions re national security (6) The application of this Act, or any provision thereof, in respect of transportation occurrences referred to in subsection 18(3) is 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. Act binding on Her Majesty (7) This Act is binding on Her Majesty in right of Canada or a province. 1989, c. 3, s. 3; 1996, c. 31, s. 64; 1998, c. 20, ss. 2, 24, 25(E)
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 4
Board established 4 (1) There is hereby established a board to be known as the Canadian Transportation Accident Investigation and Safety Board, consisting of not more than five members appointed by the Governor in Council, at least three of whom shall be full-time members. Qualifications of members (2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council, are collectively knowledgeable about air, marine, rail and pipeline transportation. Term of office (3) A member shall be appointed to hold office during good behaviour for a term not exceeding seven years, but may be removed by the Governor in Council at any time for cause. Re-appointment (4) A member is eligible for re-appointment. Continuity of membership (5) In fixing a term of appointment or re-appointment, the Governor in Council shall endeavour to ensure, to the extent that it is practical to do so, that, notwithstanding periodic changes in the membership of the Board, it remains constituted at all times at least partly of persons who have had previous experience as members. Remuneration and fees (6) A full-time member shall be paid the remuneration, and a part-time member shall be paid the fees, that are fixed by the Governor in Council. Expenses (7) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence. Retirement pensions (8) The full-time members are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Compensation (9) The members are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act . 1989, c. 3, s. 4; 1998, c. 20, ss. 3, 24; 2003, c. 22, ss. 224(E), 225(E)
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 5
Chairperson 5 (1) The Governor in Council shall designate one member to be the Chairperson of the Board. Duties of the Chairperson (2) The Chairperson is the chief executive officer of the Board and has exclusive responsibility for managing personnel matters, financial matters and property matters and for all other aspects of the internal management of the Board, including (a) directing the staff and apportioning its work, subject to subsections 10(2) and (3); (b) directing the members and apportioning their work, subject to section 8; and (c) convening meetings in accordance with section 12 and presiding at meetings in accordance with any by-laws made under paragraph 8(1)(a). Chairperson may delegate powers and duties (3) The Chairperson may, subject to any limitations specified in the instrument of delegation, (a) delegate to any member any power or duty of the Chairperson relating to (i) convening or presiding at meetings, or (ii) directing the members or apportioning their work; and (b) delegate to the staff of the Board any power or duty of the Chairperson under this Act, except the matters described in paragraph (a). Revocation (4) A delegation under subsection (3) may be revoked in writing at any time by the Chairperson. Absence or incapacity of Chairperson (5) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, a member designated, either before or after that absence, incapacity or vacancy, by the Governor in Council shall act as Chairperson during the continuance of that absence or incapacity or until a new Chairperson is designated. 1989, c. 3, s. 5; 1998, c. 20, s. 4(E)
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 6
Conflict of interest prohibited 6 (1) A member shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, (a) be engaged in a transportation undertaking or business, or (b) have an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, except where the distribution is merely incidental to the general merchandising of goods, and in this subsection, transportation means air, marine, rail or pipeline transportation. Disposal of conflict of interest (2) Where any interest referred to in subsection (1) vests in a member for the benefit of the member by gift, will, succession or otherwise, the interest shall, within three months after the vesting, be absolutely disposed of by that member. Conflict of interest prohibited (3) During the term of office of a member, in addition to the prohibitions described in subsection (1), the member shall not (a) accept or hold any office or employment, or (b) carry on any activity inconsistent with the performance of the member’s duties under this Act. 1989, c. 3, s. 6; 1998, c. 20, s. 24
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 7
Object of the Board 7 (1) The object of the Board is to advance transportation safety by (a) conducting independent investigations, including, when necessary, public inquiries, into selected transportation occurrences in order to make findings as to their causes and contributing factors; (b) identifying safety deficiencies as evidenced by transportation occurrences; (c) making recommendations designed to eliminate or reduce any such safety deficiencies; and (d) reporting publicly on its investigations and on the findings in relation thereto. Restriction (2) In making its findings as to the causes and contributing factors of a transportation occurrence, it is not the function of the Board to assign fault or determine civil or criminal liability, but the Board shall not refrain from fully reporting on the causes and contributing factors merely because fault or liability might be inferred from the Board’s findings. Idem (3) No finding of the Board shall be construed as assigning fault or determining civil or criminal liability. Findings not binding (4) The findings of the Board are not binding on the parties to any legal, disciplinary or other proceedings. 1989, c. 3, s. 7; 1998, c. 20, s. 5
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 8
Duties of members 8 (1) The members, at meetings convened in accordance with section 12, (a) shall make by-laws respecting the conduct of business at meetings of the Board; (b) shall establish policies respecting the classes of transportation occurrences to be investigated; (c) shall establish, either generally or in relation to specific classes of transportation occurrences, policies to be followed in the conduct of investigations; (d) shall review reports submitted to them by the Directors of Investigations mentioned in paragraph 10(1)(a) and, after such review, may require the Directors of Investigations to conduct further investigation with respect to any aspect of a transportation occurrence; (e) shall determine the Board’s findings as to the causes and contributing factors of transportation occurrences; (f) shall identify any safety deficiencies as evidenced by transportation occurrences; and (g) shall make such recommendations as they consider appropriate. Policies to be available to public (2) The Board shall make available to the public any policies established pursuant to paragraph (1)(b) or (c). 1989, c. 3, s. 8; 1998, c. 20, s. 6
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 9
Staff 9 (1) Such employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act . Technical assistance (2) If a conflict of interest would not thereby be created, the Chairperson may engage on a temporary basis the services of persons having technical or specialized knowledge to assist the Board in carrying out its duties under this Act, and may pay them such remuneration and expenses as the Board, with the approval of the Treasury Board, may fix.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 10
Directors of Investigations and other investigators 10 (1) From among the employees appointed under subsection 9(1), there shall be (a) a Director of Investigations (Air), a Director of Investigations (Marine) and a Director of Investigations (Rail and Pipelines); and (b) other investigators. Powers of Directors of Investigations (2) Each of the three Directors mentioned in paragraph (1)(a) has exclusive authority to direct the conduct of investigations on behalf of the Board under this Act in relation to aviation occurrences, marine occurrences, and railway and pipeline occurrences, respectively, but (a) the Directors’ authority under this subsection must be exercised in accordance with any policies established under paragraphs 8(1)(b) and (c); and (b) the Directors shall report to the Board with respect to their investigations and shall conduct such further investigation as the Board requires under paragraph 8(1)(d). Role of other investigators (3) The investigators mentioned in paragraph (1)(b) shall assist the Directors of Investigations in the conduct of investigations. Certificates of appointment (4) The Chairperson shall provide each person mentioned in paragraphs (1)(a) and (b) with a certificate of appointment. 1989, c. 3, s. 10; 1998, c. 20, ss. 7, 25(E)
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 11
Status of Board 11 (1) The Board is a body corporate and is for all purposes an agent of Her Majesty, and the duties and powers of the Board under this Act may be exercised only as an agent of Her Majesty. Contracts (2) Contracts shall be entered into by the Chairperson on behalf of the Board, either in the name of Her Majesty or in the name of the Board. Property (3) Property acquired by the Board is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Board. Legal proceedings (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Board in the name of the Board in any court that would have jurisdiction if the Board were not an agent of Her Majesty.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 12
Chairperson to convene meetings 12 (1) The Chairperson shall convene meetings of the Board whenever the work of the Board so requires or whenever the Chairperson is requested in writing to do so by two or more other members, and the Chairperson shall preside at the meetings. (2) [Repealed, 1998, c. 20, s. 8] 1989, c. 3, s. 12; 1998, c. 20, s. 8
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 13
Head office 13 (1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act . (2) [Repealed, 2012, c. 19, s. 180] Annual report (3) The Board shall report to Parliament through the Minister on its activities, findings and recommendations for each fiscal year and, for that purpose, (a) the Board shall submit its report to the Minister within three months after the end of each fiscal year; and (b) the Minister shall cause the report to be laid before each House of Parliament on any of the first twenty days on which that House is sitting after the Minister receives the report. Fiscal year (3.1) The fiscal year of the Board begins on April 1 in one year and ends on March 31 in the next year. Reference to committee (4) The report laid before Parliament pursuant to subsection (3) stands permanently referred to any committee of Parliament established to review matters relating to transportation. 1989, c. 3, s. 13; 1998, c. 20, s. 9; 2012, c. 19, s. 180
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 14
Jurisdiction of Board 14 (1) Notwithstanding any other Act of Parliament but subject to section 18, the Board may, and if so requested by the Governor in Council shall, investigate any transportation occurrence for the purpose of carrying out the object of the Board. Request by a department or province (2) Subject to section 18, the Board may investigate a transportation occurrence where a department, the lieutenant governor in council of a province or the Commissioner of the Northwest Territories or Nunavut, or the Commissioner of Yukon with the consent of the Executive Council of that territory, requests the Board to investigate and undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation. Exclusive jurisdiction of Board (3) Notwithstanding any other Act of Parliament, (a) no department, other than the Department of National Defence, may commence an investigation into a transportation occurrence for the purpose of making findings as to its causes and contributing factors if (i) that transportation occurrence is being or has been investigated by the Board under this Act, or (ii) the department has been informed that that transportation occurrence is proposed to be investigated by the Board under this Act; and (b) where an investigation into a transportation occurrence is commenced by the Board under this Act after an investigation into that transportation occurrence has been commenced by a department, other than the Department of National Defence, the department shall forthwith discontinue its investigation, to the extent that it is an investigation for the purpose of making findings as to the causes and contributing factors of the transportation occurrence. Saving provision (4) Nothing in subsection (3) (a) prevents a department from commencing an investigation into or continuing to investigate a transportation occurrence for any purpose other than that of making findings as to its causes and contributing factors, or from investigating any matter that is related to the transportation occurrence and that is not being investigated by the Board; or (b) prevents the Royal Canadian Mounted Police from investigating the transportation occurrence for any purpose for which it is empowered to conduct investigations. Where Board does not investigate (5) For greater certainty, where the Board does not investigate a transportation occurrence, no department is prevented from investigating any aspect of the transportation occurrence that it is empowered to investigate. 1989, c. 3, s. 14; 1993, c. 28, s. 78; 1998, c. 20, s. 10; 2002, c. 7, s. 130
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 15
Coordination of investigations and remedial actions 15 (1) Where, at any time during an investigation into a transportation occurrence under this Act, a department other than the Department of National Defence investigates that transportation occurrence or undertakes remedial measures with respect to that transportation occurrence, the Board and the department shall take all reasonable measures to ensure that their activities with respect to that transportation occurrence are coordinated. Conflicting interests (2) Where conflicting interests arise between the Board and a department in co-ordinating their activities pursuant to subsection (1), the requirements and interests of the Board, subject to subsection (3) and any agreement entered into under section 17, take precedence and are paramount to the extent of the conflict. Saving provision (3) Nothing in subsection (2) gives the requirements and interests of the Board precedence over those of the Royal Canadian Mounted Police, or prevents a department from taking emergency remedial measures under any other Act of Parliament or any regulations made thereunder.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 15.1
Agreements with provinces 15.1 (1) The Board may enter into an agreement with a province concerning the exercise by the Board of powers and functions relating to investigations into transportation accidents, incidents and situations or conditions that could, if left unattended, induce an accident or incident that are within the legislative authority of the province. The agreement must provide that the province undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation. Limitation (2) Under an agreement with a province, the Board shall only exercise powers and functions compatible with section 7 and all other provisions of this Act. 1998, c. 20, s. 11
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 16
Compatible procedures and practices 16 The Board shall take all reasonable measures to ensure that the investigation procedures and practices that it follows in relation to transportation occurrences are compatible with (a) any international agreements or conventions to which Canada is a party, and (b) investigation procedures and practices followed by coroners in the provinces and by regulatory bodies established to administer petroleum activities in offshore areas, and the Board shall make all reasonable efforts to enter into agreements with the governments of the provinces and with those regulatory bodies in order to ensure that the procedures and practices followed by the Board are as compatible as possible with those followed by coroners in the provinces and by those regulatory bodies. 1989, c. 3, s. 16; 1998, c. 20, s. 12
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 17
Agreements 17 The Board shall make all reasonable efforts to enter into agreements with Ministers responsible for departments (a) providing for the coordination of activities between the Board and departments with respect to transportation occurrences, including investigation procedures and practices and requirements for reporting transportation occurrences; and (b) providing for procedures to be followed in the event that conflicting interests arise between the Board and a department during their activities with respect to transportation occurrences.