Additional powers of investigators

 (9) An investigator who is investigating a transportation occurrence may

　

(a) where the investigator believes on reasonable grounds that a person is in possession of information relevant to that investigation,

　

(i) by notice in writing signed by the investigator, require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 30, under oath or solemn affirmation if required by the investigator, and

　

(ii) make such copies of or take such extracts from the information as the investigator deems necessary for the purposes of the investigation;

　

(b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, ship, rolling stock or pipeline is, or may be, relevant to the investigation, by notice in writing signed by the investigator, require the person to submit to a medical examination;

　

(c) where the investigator believes on reasonable grounds that a physician or other health practitioner has information concerning a patient that is relevant to that investigation, by notice in writing signed by the investigator, require the physician or practitioner to provide that information to the investigator; or

　

(d) where the investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased person, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, cause such an autopsy or medical examination to be performed and, for that purpose, by notice in writing signed by the investigator, require the person having custody of the body of the deceased person or other human remains to permit the performance of that autopsy or that medical examination.

　

Persons to comply with requirements imposed under paragraph (9)(a), (c) or (d)

 (10) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (9)(a), or to provide information in accordance with a requirement imposed under paragraph (9)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination in accordance with a requirement imposed under paragraph (9)(d).

　

Persons to comply with requirements imposed under paragraph (9)(b)

 (11) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (9)(b), but information obtained pursuant to such an examination is privileged and, subject to the power of the Board to make such use of it as the Board considers necessary in the interests of transportation safety, no person shall

　

(a) knowingly communicate it or permit it to be communicated to any person; or

　

(b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.

　

Certificate to be produced

 (12) Before acting under this section, an investigator shall, on request, produce the investigator's certificate of appointment to any person in relation to whom the investigator acts.

　

Meaning of medical examination for certain purposes

 (13) The requirement under subsection (9) that a person submit to a medical examination shall not be construed as a requirement that the person submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

　

Idem

 (14) Nothing in this section shall be taken

　

(a) to imply that a thing seized pursuant to subsection (1) may not be an aircraft, a ship, an item of rolling stock or a pipeline, or any part thereof; or

　

(b) to authorize the exercise of a power by an investigator in circumstances where the exercise of that power would be inconsistent with section 18.

　

Use of force

 (15) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

　

Failure to produce document, etc.

 (15.1) Where an investigator has required a person to do something under paragraph (9)(a), (b), (c) or (d) and the person has refused to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for the punishment of the person as if the person had been guilty of contempt of the court, or may make such other order as it finds appropriate.

　

Definitions

 (16) In this section,

　

"document" [Repealed, 1998, c. 20, s. 13]

　

"information" 《renseignement》

 "information" includes a record regardless of form and a copy of a record;

　

"place" 《lieu》

 "place" includes

　

(a) an aircraft, a ship, rolling stock, any other vessel or vehicle and a pipeline, and

　

(b) any premises or any building or other structure erected on those premises.

　

1989, c. 3, s. 19; 1998, c. 20, ss. 13, 24

　

Return of seized property

 20. (1) Any thing seized pursuant to section 19, except recordings as defined in subsection 28(1), shall, unless

　

(a) the owner thereof or a person who appears on reasonable grounds to be entitled thereto consents otherwise in writing, or

　

(b) a court of competent jurisdiction orders otherwise,

　

 be returned to that owner or person, or to the person from whom it was seized, as soon as possible after it has served the purpose for which it was seized.

　

Application for return

 (2) A person from whom any thing was seized pursuant to section 19, except recordings as defined in subsection 28(1), or the owner or any other person who appears on reasonable grounds to be entitled thereto, may apply to a court of competent jurisdiction for an order that the seized thing be returned to the person making the application.

　

Order for return

 (3) Where, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it may subsequently be required by the Board under this Act.

　

Exception

 (4) This section does not apply in respect of any thing seized and tested to destruction in accordance with subsection 19(5).

　

Public inquiry

 21. (1) Where, in the course of an investigation of a transportation occurrence, the Board considers it necessary that a public inquiry be made into the transportation occurrence and the Governor in Council has not caused a public inquiry to be made under Part I of the Inquiries Act, the Chairperson may, subject to section 18, designate a person or persons, who may be or include the Chairperson, to conduct a public inquiry into that transportation occurrence in accordance with any regulations made under section 34 and to report to the Board thereon.

　

Powers of persons conducting a public inquiry

 (2) Any person designated to conduct a public inquiry under subsection (1) has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.

　

 ADMINISTRATION

　

Notification of Board

 22. (1) Where a department is notified of a transportation occurrence that the Board has the power to investigate under this Act, the department shall

　

(a) forthwith provide the Board with particulars of the transportation occurrence; and

　

(b) forthwith after complying with paragraph (a), advise the Board of any investigation that the department plans to conduct and of any remedial measures that the department plans to take.

　

Investigator as observer

 (2) An investigator authorized by the Chairperson may attend as an observer at an investigation conducted by a department referred to in subsection (1) or during the taking of remedial measures by that department following a transportation occurrence.

　

Board may review and comment

 (3) Subject to any other Act or law, the Board 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 a department referred to in subsection (1).

　

Notification by Board

 23. (1) Where the Board is notified of a transportation occurrence, it shall

　

(a) forthwith provide particulars of the transportation occurrence to any minister responsible for a department having a direct interest in the occurrence; and

　

(b) forthwith after complying with paragraph (a), advise the Ministers referred to in paragraph (a) of any investigation that it plans to conduct and the scope of the investigation.

　

Observers

 (2) Subject to any conditions that the Board may impose, a person may attend as an observer at an investigation of a transportation occurrence conducted by the Board if the person

　

(a) [Repealed, 1998, c. 20, s. 14]

　

(b) is designated as an observer by the Minister responsible for a department having a direct interest in the subject-matter of the investigation;

　

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

　

(d) is invited by the Board to attend as an observer because, in the opinion of the Board, the person has a direct interest in the subject-matter of the investigation and will contribute to achieving the Board's object.

　

Board may remove observer

 (3) The Board may remove an observer from an investigation if the observer contravenes a condition imposed by the Board on the observer's presence or if, in the Board's opinion, the observer has a conflict of interest that impedes the conduct of the investigation.

　

1989, c. 3, s. 23; 1998, c. 20, s. 14.