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

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.

Marginal note:Object of the Board

• 7 (1) The object of the Board is to advance transportation safety by

  • (a) conducting independent investigations, including, when necessary, public inquiries, into selected transportation occurrences in order to make findings as to their causes and contributing factors;

  • (b) identifying safety deficiencies as evidenced by transportation occurrences;

  • (c) making recommendations designed to eliminate or reduce any such safety deficiencies; and

  • (d) reporting publicly on its investigations and on the findings in relation thereto.

• Marginal note:Restriction

  (2) In making its findings as to the causes and contributing factors of a transportation occurrence, it is not the function of the Board to assign fault or determine civil or criminal liability, but the Board shall not refrain from fully reporting on the causes and contributing factors merely because fault or liability might be inferred from the Board’s findings.

• Marginal note:Idem

  (3) No finding of the Board shall be construed as assigning fault or determining civil or criminal liability.

• Marginal note:Findings not binding

  (4) The findings of the Board are not binding on the parties to any legal, disciplinary or other proceedings.

Marginal note:Duties of members

• 8 (1) The members, at meetings convened in accordance with section 12,

  • (a) shall make by-laws respecting the conduct of business at meetings of the Board;

  • (b) shall establish policies respecting the classes of transportation occurrences to be investigated;

  • (c) shall establish, either generally or in relation to specific classes of transportation occurrences, policies to be followed in the conduct of investigations;

  • (d) shall review reports submitted to them by the Directors of Investigations mentioned in paragraph 10(1)(a) and, after such review, may require the Directors of Investigations to conduct further investigation with respect to any aspect of a transportation occurrence;

  • (e) shall determine the Board’s findings as to the causes and contributing factors of transportation occurrences;

  • (f) shall identify any safety deficiencies as evidenced by transportation occurrences; and

  • (g) shall make such recommendations as they consider appropriate.

• Marginal note:Policies to be available to public

  (2) The Board shall make available to the public any policies established pursuant to paragraph (1)(b) or (c).

Marginal note:Staff

• 9 (1) Such employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) If a conflict of interest would not thereby be created, the Chairperson may engage on a temporary basis the services of persons having technical or specialized knowledge to assist the Board in carrying out its duties under this Act, and may pay them such remuneration and expenses as the Board, with the approval of the Treasury Board, may fix.

Marginal note:Directors of Investigations and other investigators

• 10 (1) From among the employees appointed under subsection 9(1), there shall be

  • (a) a Director of Investigations (Air), a Director of Investigations (Marine) and a Director of Investigations (Rail and Pipelines); and

  • (b) other investigators.

• Marginal note:Powers of Directors of Investigations

  (2) Each of the three Directors mentioned in paragraph (1)(a) has exclusive authority to direct the conduct of investigations on behalf of the Board under this Act in relation to aviation occurrences, marine occurrences, and railway and pipeline occurrences, respectively, but

  • (a) the Directors’ authority under this subsection must be exercised in accordance with any policies established under paragraphs 8(1)(b) and (c); and

  • (b) the Directors shall report to the Board with respect to their investigations and shall conduct such further investigation as the Board requires under paragraph 8(1)(d).

• Marginal note:Role of other investigators

  (3) The investigators mentioned in paragraph (1)(b) shall assist the Directors of Investigations in the conduct of investigations.

• Marginal note:Certificates of appointment

  (4) The Chairperson shall provide each person mentioned in paragraphs (1)(a) and (b) with a certificate of appointment.

Marginal note:Status of Board

• 11 (1) The Board is a body corporate and is for all purposes an agent of Her Majesty, and the duties and powers of the Board under this Act may be exercised only as an agent of Her Majesty.

• Marginal note:Contracts

  (2) Contracts shall be entered into by the Chairperson on behalf of the Board, either in the name of Her Majesty or in the name of the Board.

• Marginal note:Property

  (3) Property acquired by the Board is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Board.

• Marginal note:Legal proceedings

  (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Board in the name of the Board in any court that would have jurisdiction if the Board were not an agent of Her Majesty.

Marginal note:Chairperson to convene meetings

• 12 (1) The Chairperson shall convene meetings of the Board whenever the work of the Board so requires or whenever the Chairperson is requested in writing to do so by two or more other members, and the Chairperson shall preside at the meetings.

• (2) [Repealed, 1998, c. 20, s. 8]

Marginal note:Head office

• 13 (1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act.

• (2) [Repealed, 2012, c. 19, s. 180]

• Marginal note:Annual report

  (3) The Board shall report to Parliament through the Minister on its activities, findings and recommendations for each fiscal year and, for that purpose,

  • (a) the Board shall submit its report to the Minister within three months after the end of each fiscal year; and

  • (b) the Minister shall cause the report to be laid before each House of Parliament on any of the first twenty days on which that House is sitting after the Minister receives the report.

• Marginal note:Fiscal year

  (3.1) The fiscal year of the Board begins on April 1 in one year and ends on March 31 in the next year.

• Marginal note:Reference to committee

  (4) The report laid before Parliament pursuant to subsection (3) stands permanently referred to any committee of Parliament established to review matters relating to transportation.

Investigations and Public Inquiries

Marginal note:Jurisdiction of Board

• 14 (1) Notwithstanding any other Act of Parliament but subject to section 18, the Board may, and if so requested by the Governor in Council shall, investigate any transportation occurrence for the purpose of carrying out the object of the Board.

• Marginal note:Request by a department or province

  (2) Subject to section 18, the Board may investigate a transportation occurrence where a department, the lieutenant governor in council of a province or the Commissioner of the Northwest Territories or Nunavut, or the Commissioner of Yukon with the consent of the Executive Council of that territory, requests the Board to investigate and undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation.

• Marginal note:Exclusive jurisdiction of Board

  (3) Notwithstanding any other Act of Parliament,

  • (a) no department, other than the Department of National Defence, may commence an investigation into a transportation occurrence for the purpose of making findings as to its causes and contributing factors if

    • (i) that transportation occurrence is being or has been investigated by the Board under this Act, or

    • (ii) the department has been informed that that transportation occurrence is proposed to be investigated by the Board under this Act; and

  • (b) where an investigation into a transportation occurrence is commenced by the Board under this Act after an investigation into that transportation occurrence has been commenced by a department, other than the Department of National Defence, the department shall forthwith discontinue its investigation, to the extent that it is an investigation for the purpose of making findings as to the causes and contributing factors of the transportation occurrence.

• Marginal note:Saving provision

  (4) Nothing in subsection (3)

  • (a) prevents a department from commencing an investigation into or continuing to investigate a transportation occurrence for any purpose other than that of making findings as to its causes and contributing factors, or from investigating any matter that is related to the transportation occurrence and that is not being investigated by the Board; or

  • (b) prevents the Royal Canadian Mounted Police from investigating the transportation occurrence for any purpose for which it is empowered to conduct investigations.

• Marginal note:Where Board does not investigate

  (5) For greater certainty, where the Board does not investigate a transportation occurrence, no department is prevented from investigating any aspect of the transportation occurrence that it is empowered to investigate.

Marginal note:Coordination of investigations and remedial actions

• 15 (1) Where, at any time during an investigation into a transportation occurrence under this Act, a department other than the Department of National Defence investigates that transportation occurrence or undertakes remedial measures with respect to that transportation occurrence, the Board and the department shall take all reasonable measures to ensure that their activities with respect to that transportation occurrence are coordinated.

• Marginal note:Conflicting interests

  (2) Where conflicting interests arise between the Board and a department in co-ordinating their activities pursuant to subsection (1), the requirements and interests of the Board, subject to subsection (3) and any agreement entered into under section 17, take precedence and are paramount to the extent of the conflict.

• Marginal note:Saving provision

  (3) Nothing in subsection (2) gives the requirements and interests of the Board precedence over those of the Royal Canadian Mounted Police, or prevents a department from taking emergency remedial measures under any other Act of Parliament or any regulations made thereunder.