8. (1) The Board may establish a confidential reporting unit that shall have exclusive authority to receive and examine in confidence any verbal or written report made pursuant to section 7.

(2) Where a report is made to the Board, other than a report concerning a reportable accident or incident made by a person referred to in subsection 3(1), 4(1), 5(1) or 6(1), no person shall release the identity of the person making the report or any information that could reasonably be expected to reveal that person’s identity, unless the person making the report authorizes, in writing, its release.

9. (1) Subject to subsections (2) and (3), where a reportable accident or incident takes place, the owner, operator, master and any crew member shall, to the extent possible, and until otherwise instructed by the Board or except as otherwise required by law, preserve and protect any evidence relevant to the reportable accident or incident, including evidence contained in documents as defined in subsection 19(16) of the Act.

(2) Subsection (1) shall not be construed as preventing any person from taking necessary measures to ensure the safety of any person, property or the environment.

(3) Where evidence relevant to a reportable accident or incident has to be interfered with pursuant to subsection (2), the person directing, supervising or arranging the interference shall, to the extent possible in the circumstances, and prior to the interference, record the evidence by the best means available.

(4) Where any person required to do so pursuant to subsection (1) preserves and protects evidence relevant to a reportable accident or incident, no other person referred to in that subsection is required to preserve or protect that evidence.

10. (1) Where a person referred to in paragraph 23(2)(a), (b) or (d) of the Act attends as an observer at the investigation of an accident, incident or special situation conducted by the Board, the person may, subject to the conditions imposed by the Board and under the supervision of an investigator,

• (a) attend at the location of the accident, incident or special situation;

• (b) examine the ship, rolling stock, commodity pipeline or aircraft involved in the accident, incident or special situation and its component parts and contents;

• (c) unless otherwise prohibited by law, examine any document as defined in subsection 19(16) of the Act, and any other relevant evidence, relating to

  • (i) the transportation activity during which the accident, incident or special situation took place,

  • (ii) the crew members involved in the accident, incident or special situation, and

  • (iii) the ship, rolling stock, commodity pipeline or aircraft and its component parts and contents; and

• (d) attend laboratory tests or analyses.

(2) Where a person referred to in paragraph 23(2)(c) of the Act attends as an observer at an investigation of an accident, incident or special situation conducted by the Board, the person shall, unless otherwise prohibited by law, be granted the rights and privileges expressed in the provisions and recommended practices set out in the international agreement or convention.

(3) The rights and privileges granted to an observer shall not, unless otherwise authorized by the Board, include attendance at an interview of a witness during an investigation.