Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 24
Report made public 24 (1) On completion of any investigation, the Board shall prepare and make available to the public a report on its findings, including any safety deficiencies that it has identified and any recommendations that it considers appropriate in the interests of transportation safety. Representations on draft report (2) Before making public a report under subsection (1), the Board shall, on a confidential basis, send a copy of the draft report on its findings and any safety deficiencies that it has identified to each Minister and any other person who, in the opinion of the Board, has a direct interest in the findings of the Board, and shall give that Minister or other person a reasonable opportunity to make representations to the Board 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, not strictly necessary to the study of, and preparation of representations concerning, the draft report. Manner of dealing with representations (4) The Board shall (a) receive representations made pursuant to subsection (2) in any manner the Board considers appropriate; (b) keep a record of those representations; (c) consider those representations before preparing its final report; and (d) notify in writing each of the persons who made those representations, indicating how the Board has disposed of that person’s representations. Protection of representations (4.1) A representation is privileged, except for one made by a minister responsible for a department having a direct interest in the findings of the Board. Subject to other provisions of this Act 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 Board (4.2) The Board may use representations as it considers necessary in the interests of transportation safety. Making representations available to coroner (4.3) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Board, the Board shall make them available to the coroner. Prohibition of use (4.4) Except for use by a coroner for the purpose of an investigation, no person shall use representations in any legal, disciplinary or other proceedings. Notification of findings and recommendations (5) The Board shall (a) during its investigation of a transportation occurrence, notify forthwith in writing any minister or person who, in the opinion of the Board, has a direct interest in the findings of the Board of any of its findings and recommendations, whether interim or final, that, in the opinion of the Board, require urgent action; and (b) on completion of its investigation of a transportation occurrence, notify forthwith in writing any minister or person who, in the opinion of the Board, has a direct interest in the findings of the Board of its findings as to the causes and contributing factors of the transportation occurrence, any safety deficiencies it has identified and any recommendations resulting from its findings. Minister to reply to Board (6) A Minister who is notified of the findings and recommendations of the Board under paragraph (5)(a) or (b) shall, within ninety days after being so notified, (a) advise the Board 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 Board if no action will be taken or if the action to be taken differs from the action that was recommended, and, in 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 ar