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.

　

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.

　

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.

　

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 (5) [Repealed, 1996, c. 31, s. 64]

　

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.

　

Act binding on Her Majesty

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

　

1989, c. 3, s. 3; 1996, c. 31, s. 64; 1998, c. 20, ss. 2, 24, 25(E).

　

 CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD

　

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.

　

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.

　

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.

　

Re-appointment

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

　

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.

　

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.

　

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.

　

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.

　

Compensation

 (9) The members are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

　

1989, c. 3, s. 4; 1998, c. 20, ss. 3, 24.

　

Chairperson

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

　

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).

　

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).

　

Revocation

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

　

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.

　

1989, c. 3, s. 5; 1998, c. 20, s. 4(E).

　

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.

　

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.

　

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.

　

1989, c. 3, s. 6; 1998, c. 20, s. 24.

　

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.

　

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.

　

Idem

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

　

Findings not binding

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

　

1989, c. 3, s. 7; 1998, c. 20, s. 5.