Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 58
Canadian Aviation Safety Board 58 (1) Any matter that is in the course of being investigated, or that has been investigated, by the Canadian Aviation Safety Board but on which the report has not been made by that Board when section 41 of this Act comes into force shall, on the coming into force of section 41, subject to anything to the contrary in the policies established under paragraph 8(1)(b), be taken up and continued by the Canadian Transportation Accident Investigation and Safety Board, without further formality, as if it were, or had been, an investigation under this Act. Privilege to continue (2) Where, before the coming into force of section 41 of this Act, information was obtained by an investigator pursuant to paragraph 19(g) of the Canadian Aviation Safety Board Act , then, after and notwithstanding the coming into force of section 41 of this Act, (a) subsection 20(3) of the Canadian Aviation Safety Board Act continues to apply in respect of that information; and (b) “Board” in that subsection shall be read as “Canadian Transportation Accident Investigation and Safety Board”. Idem (3) Where a cockpit voice recording, as defined in section 32 of the Canadian Aviation Safety Board Act , was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, sections 32 to 35 of the Canadian Aviation Safety Board Act , except subsection 33(2), continue to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act , (a) “Board” in subsections 33(3) and 34(1) shall be read as “Canadian Transportation Accident Investigation and Safety Board”; (b) subsection 33(4) shall be deemed to read as follows: “(4) The Canadian Transportation Accident Investigation and Safety Board shall make available any cockpit voice recording obtained under this Act to (a) a peace officer authorized by law to gain access thereto; (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or (c) any person carrying out a co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”; and (c) “this Act” in subsection 34(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act ”. Idem (4) Where an air traffic control recording, as defined in section 36 of the Canadian Aviation Safety Board Act , was released to the Canadian Aviation Safety Board or to an investigator before the coming into force of section 41 of this Act, section 36 of the Canadian Aviation Safety Board Act , except subsection (2) thereof, continues to apply in respect of that recording after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act , (a) in subsections 36(3) and (4), “Board” shall be read as “Canadian Transportation Accident Investigation and Safety Board”, and in subsection 36(3), “release” shall be read as “communicate” and “released” shall be read as “communicated”; and (b) subsection 36(5) shall be deemed to read as follows: “(5) The Canadian Transportation Accident Investigation and Safety Board shall make available any air traffic control recording obtained under this Act to (a) a peace officer authorized by law to gain access thereto; (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or (c) any person carrying out a co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”. Idem (5) Where a statement, as defined in section 37 of the Canadian Aviation Safety Board Act