Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 19
Powers of investigators 19 (1) Where an investigator believes on reasonable grounds that there is, or may be, at or in any place, any thing relevant to the conduct of an investigation of a transportation occurrence, the investigator may, subject to subsection (2), enter and search that place for any such thing, and seize any such thing that is found in the course of that search. Conditions for exercise of powers under subsection (1) (2) An investigator shall not exercise the powers referred to in subsection (1) in relation to a particular place without the consent of the person apparently in charge of that place unless (a) those powers are so exercised in relation to that place under the authority of a warrant, or (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant. Issue of warrant authorizing exercise of powers under subsection (1) (3) Where a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is, or may be, at or in any place, any thing relevant to the conduct of an investigation of a transportation occurrence, the justice may, on ex parte application, issue a warrant signed by the justice authorizing the investigator to enter and search that place for any such thing and to seize any such thing found in the course of that search. Warrants may be obtained by telephone, etc. (4) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 34(1)(h). Power to test things seized, etc. (5) Where any thing is seized by an investigator under subsection (1), the investigator (a) may, subject to paragraph (b), cause such tests, including tests to destruction, to be conducted on the thing as are necessary for the purposes of the investigation in respect of which the thing was seized; (b) shall, to the extent that it is practical and safe to do so and does not unreasonably impede the progress of the investigation, (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at any tests referred to in paragraph (a), and (ii) allow persons referred to in subparagraph (i) to be present at those tests; and (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return in accordance with section 20. Power to exclude persons from particular areas (6) An investigator may, for the purposes of preserving and protecting any thing involved or likely to have been involved in a transportation occurrence, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for such period as is necessary for the purposes of the investigation of the transportation occurrence. Disruption to be minimized (7) In exercising the power conferred by subsection (6), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services. Offence in respect of exclusion order (8) No person shall knowingly enter an area in contravention of a prohibition or limitation of access pursuant to subsection (6). Additional powers of investigators (9) An investigator who is investigating a transportation occurrence may (a) where the investigator believes on reasonable grounds that a person is in possession of information relevant to that investigation, (i) by notice in writing signed by the investigator, require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 30, under oath or solemn affirmation if required by the investigator, and (ii) make such copies of or take such extracts from the information as the investigator deems necessary for the purposes of the investigation; (b) whe