Aeronautics Act (R.S.C., 1985, c. A-2)

Miscellaneous Provisions

Marginal note:Notification of Authority

• 16 (1) If a department is notified of a military-civilian occurrence, the department shall

  • (a) immediately provide the Authority with particulars of the occurrence; and

  • (b) as soon as feasible after complying with paragraph (a), advise the Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take.

• Marginal note:Investigator as observer

  (2) An investigator authorized by the Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence.

• Marginal note:Authority may review and comment

  (3) Subject to any other Act or law, the Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department.

Marginal note:Notification by Authority

• 17 (1) If the Authority is notified of a military-civilian occurrence, the Authority shall

  • (a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and

  • (b) as soon as feasible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Authority plans to conduct and of its scope.

• Marginal note:Observers

  (2) Subject to any conditions that the Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Authority if the person

  • (a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject matter of the investigation;

  • (b) has observer status or is an accredited representative or an adviser to an accredited representative, under an international agreement or convention relating to transportation to which Canada is a party; or

  • (c) is invited by the Authority to attend as an observer because, in the Authority’s opinion, the person has a direct interest in the subject matter of the investigation and is likely to contribute to achieving its object.

• Marginal note:Observer may be removed

  (3) The Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Authority or if, in the Authority’s opinion, the observer’s participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation.

Marginal note:Report to the Minister

• 18 (1) On completion of an investigation, the Authority shall provide a report to the Minister on the Authority’s findings, including any safety deficiencies that the Authority has identified and any recommendations relating to aviation safety that the Authority considers appropriate.

• Marginal note:Representations on draft report

  (2) Before providing the report to the Minister, the Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Authority with respect to the draft report before the final report is prepared.

• Marginal note: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 — that is not strictly necessary to the study of the draft report or to the making of representations with respect to it.

• Marginal note:Manner of dealing with representations

  (4) The Authority shall

  • (a) receive representations made under subsection (2) in any manner the Authority considers appropriate;

  • (b) keep a record of those representations;

  • (c) consider those representations before providing the final report to the Minister; and

  • (d) notify in writing each of the persons who made those representations, indicating how the Authority has disposed of the representations made by that person.

• Marginal note:Protection of representations

  (5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part 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.

• Marginal note:Use by Authority

  (6) The Authority may use representations as the Authority considers necessary in the interests of aviation safety.

• Marginal note:Making representations available to coroner

  (7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Authority, the Authority shall make them available to the coroner.

• Marginal note:Prohibition of use

  (8) Except for use by a coroner for the purpose of an investigation, no person is to use representations in any legal, disciplinary or other proceedings.

• Marginal note:Notification of findings and recommendations

  (9) The Authority shall

  • (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of any of his or her findings and recommendations, whether interim or final, that, in the Authority’s opinion, require urgent action; and

  • (b) on completion of the investigation, notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of his or her findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies he or she has identified and any recommendations resulting from his or her findings.

• Marginal note:Minister to reply to Authority

  (10) A minister, other than the Minister of National Defence, who is notified under subsection (9) of any findings and recommendations on matters relating to defence shall, within 90 days after the day on which they were notified,

  • (a) advise the Minister and the Authority 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 Minister and the Authority if no action will be taken or if the action to be taken differs from the action that was recommended.

• Marginal note:Extension of time

  (11) If the Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Authority considers necessary.

Marginal note:Interim report

• 19 (1) The Authority shall, on a confidential basis, provide an interim report on the progress and findings of an investigation

  • (a) to any minister responsible for a department that has a direct interest in the subject matter of the investigation, on written request made in respect of that investigation; and

  • (b) to any coroner investigating the military-civilian occurrence, if it involved a death and significant progress has been made in the investigation.

• Marginal note:Limited purpose only

  (2) A person, other than a minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to its examination.

Marginal note:Power to reconsider

• 20 (1) The Authority may, at any time, reconsider any findings and recommendations made on the basis of an investigation of a military-civilian occurrence under this Part.

• Marginal note:Duty to reconsider

  (2) The Authority shall reconsider the findings and recommendations made on the basis of an investigation under this Part if, in his or her opinion, new material facts appear.

Marginal note:Power to authorize

• 21 (1) Subject to subsection (2), the Authority may authorize any person, subject to any limitations specified in the authorization, to exercise or perform any of the powers, duties or functions conferred or imposed on the Authority under this Part, other than the power of authorization under this subsection.

• Marginal note:Revocation

  (2) The authorization may be revoked by the Authority in writing.

Privilege

Definition of on-board recording

• 22 (1) In this section and in section 23, on-board recording means the whole or any part of either a recording of voice communications originating from an aircraft, or received on or in the flight deck of an aircraft, or a video recording of the activities of the operating personnel of an aircraft, that is made, using recording equipment that is intended not to be controlled by the operating personnel, on the flight deck of the aircraft, and includes a transcript or substantial summary of such a recording.

• Marginal note:Privilege for on-board recordings

  (2) Every on-board recording in respect of an aircraft is privileged whether or not that aircraft has been involved in a military-civilian occurrence and, except as provided by this section and section 23, no person, including any person to whom access is provided under those sections, shall knowingly communicate an on-board recording or permit one to be communicated to any person.

• Marginal note:Legal proceedings

  (3) Except as provided by this section and section 23, no person is to be required to produce an on-board recording or to give evidence relating to one in any legal, disciplinary or other proceedings.

• Marginal note:Use authorized by Authority

  (4) The Authority may, subject to any restrictions or conditions that he or she specifies, authorize any person or class of persons to make use of any on-board recording in the interests of aviation safety.

• Marginal note:Access by investigator

  (5) Any on-board recording that relates to a military-civilian occurrence being investigated under this Part shall be released to an investigator who requests it for the purposes of the investigation.

• Marginal note:Use by Authority

  (6) The Authority may make any use that he or she considers necessary in the interests of aviation safety of any on-board recording obtained by an investigator under this Part but, subject to subsections (7) and 23(1), (4) and (6), shall not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the causes or contributing factors of the military-civilian occurrence under investigation or to the identification of safety deficiencies.

• Marginal note:Access by coroners and other investigators

  (7) The Authority shall make available any on-board recording obtained in the course of an investigation of a military-civilian occurrence

  • (a) to a coroner who requests access to it for the purpose of an investigation that the coroner is conducting; or

  • (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.

• Marginal note:Power of court or coroner

  (8) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

  • (a) cause notice of the request to be given to the Authority, if the Authority is not a party to the proceedings;

  • (b) examine the on-board recording in camera and give the Authority a reasonable opportunity to make representations with respect to it; and

  • (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

• Marginal note:Restriction

  (9) An on-board recording is not to be used against any of the following persons in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.

• Definition of court

  (10) For the purposes of subsection (8), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note:Decision final

  (7) The Minister’s decision is final and binding and not subject to appeal or review by any court.

• Marginal note: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.