Canadian Transportation Accident Investigation and Safety Board Act (S.C. 1989, c. 3)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Transportation Accident Investigation and Safety Board Act.

Interpretation

Marginal note:Definitions

2 In this Act,

aircraft

aircraft means any machine, including a rocket, capable of deriving support in the atmosphere from reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine; (aéronef)

aviation occurrence

aviation occurrence means

• (a) any accident or incident associated with the operation of an aircraft, 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 aéronautique)

Board

Board means the Canadian Transportation Accident Investigation and Safety Board established by section 4; (Bureau)

Chairperson

Chairperson means the Chairperson of the Board; (président)

commodity pipeline

commodity pipeline[Repealed, 1998, c. 20, s. 1]

commodity pipeline occurrence

commodity pipeline occurrence[Repealed, 1998, c. 20, s. 1]

coroner

coroner includes any

• (a) medical examiner, or

• (b) other person

carrying out the duties and functions of a coroner; (coroner)

department

department means

• (a) any department of the Government of Canada, including the Minister responsible therefor and any person acting on behalf of the Minister,

• (b) any body listed in the schedule, and

• (c) any fact-finding authority, body or person established or appointed by any such department, Minister, person or body; (ministère)

Department of National Defence

Department of National Defence includes

• (a) the Minister of National Defence and any person acting on behalf of the Minister of National Defence, and

• (b) any fact-finding authority, body or person established or appointed by the Department of National Defence, the Minister of National Defence or a person acting on behalf of the Minister of National Defence; (ministère de la Défense nationale)

dynamically supported craft

dynamically supported craft means a craft that is designed, used or capable of being used solely or partly for marine navigation and that possesses either of the following characteristics:

• (a) the weight, or a significant part thereof, is balanced in one mode of operation by forces other than hydrostatic forces, or

• (b) the craft is able to operate at speeds such that the function v/sqrt(gL) is equal to or greater than 0.9, where “v” is the maximum speed, “L” is the waterline length and “g” is the acceleration due to gravity, all in consistent units; (engin à portance dynamique)

investigator

investigator means a person referred to in paragraph 10(1)(a) or (b); (enquêteur)

marine occurrence

marine occurrence means

• (a) any accident or incident associated with the operation of a ship, 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 maritime)

member

member means a member of the Board; (membre)

Minister

Minister means the President of the Queen’s Privy Council for Canada; (ministre)

pipeline

pipeline means a pipeline that is used for the transportation of commodities and includes all branches, extensions, pumps, racks, compressors, loading facilities, storage facilities, reservoirs, tanks, preparation plants, separation plants, interstation systems of communication and property and works connected therewith; (pipeline)

pipeline occurrence

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)

railway

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)

railway occurrence

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)

rolling stock

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)

ship

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)

transportation occurrence

transportation occurrence means an aviation occurrence, a railway occurrence, a marine occurrence or a pipeline occurrence. (accident de transport)

Application

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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]

• Marginal note: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.

• Marginal note:Act binding on Her Majesty

  (7) This Act is binding on Her Majesty in right of Canada or a province.

Canadian Transportation Accident Investigation and Safety Board

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Re-appointment

  (4) A member is eligible for re-appointment.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Chairperson

• 5 (1) The Governor in Council shall designate one member to be the Chairperson of the Board.

• Marginal note: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).

• Marginal note: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).

• Marginal note:Revocation

  (4) A delegation under subsection (3) may be revoked in writing at any time by the Chairperson.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.