EVIDENCE OF INVESTIGATORS

　

Appearance of investigator

 32. Except for proceedings before and investigations by a coroner, an investigator is not competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted so orders for special cause.

　

1989, c. 3, s. 32; 1998, c. 20, s. 20.

　

Opinions inadmissible

 33. An opinion of a member or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.

　

1989, c. 3, s. 33; 1998, c. 20, s. 20.

　

 REGULATIONS

　

Regulations

 34. (1) The Board may, subject to the approval of the Governor in Council, make regulations

　

(a) prescribing the manner of exercising or carrying out any of its powers, duties and functions under this Act and, generally, for its efficient operation;

　

(b) respecting the keeping and preservation of records, documents and other evidence relating to transportation occurrences;

　

(c) respecting the attendance of interested persons at tests to destruction conducted under subsection 19(5);

　

(d) defining, for the purposes of an investigation, the site or sites of a transportation occurrence and prescribing rules for the protection of those sites;

　

(e) for defining the rights or privileges of persons attending investigations as observers or with observer status;

　

(f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation or at a public inquiry conducted under subsection 21(1) and the conditions under which a fee or expenses may be paid to any such witness;

　

(g) respecting the procedures and rules to be followed in conducting public inquiries under subsection 21(1);

　

(h) respecting the forms of warrants issued under section 19 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 19; and

　

(i) generally for carrying out the purposes and provisions of this Act.

　

Amending schedule

 (2) The Governor in Council may, by order, amend the schedule by deleting therefrom or adding thereto the name of any board, commission, body or office.

　

Publication of proposed regulations

 (3) Subject to subsection (4), a copy of each regulation that the Board proposes to make under subsection (1) or section 31 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to interested persons to make representations to the Board with respect thereto.

　

Exceptions

 (4) Subsection (3) does not apply in respect of a proposed regulation that

　

(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

　

(b) makes no substantive change to an existing regulation.

　

1989, c. 3, s. 34; 1998, c. 20, s. 21.

　

 OFFENCES

　

Offences

 35. (1) Every person who

　

(a) contravenes subsection 19(8), (10) or (11),

　

(b) without lawful excuse, wilfully resists or otherwise obstructs a member or an investigator in the execution of powers or duties under this Act or the regulations,

　

(c) knowingly gives false or misleading information at any investigation or public inquiry under this Act, or

　

(d) makes a report pursuant to section 31 that the person knows to be false or misleading

　

is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction.

　

Idem

 (2) Every person who contravenes a provision of this Act or the regulations for which no punishment is specified is guilty of an offence punishable on summary conviction.

　

1989, c. 3, s. 35; 1998, c. 20, s. 22.

　

Evidence

 36. (1) Subject to subsections (2) and (3),

　

(a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power pursuant to section 19 and stating the results of the exercise of the power, or

　

(b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator pursuant to subsection 19(9)

　

is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.

　

Notice

 (2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

　

Cross-examination

 (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

　

 CONSEQUENTIAL AMENDMENTS AND REPEAL

　

37. to 57. [Amendments and repeal]