Transportation Safety Board Regulations

　

SOR/92-446

　

Registration 20 July, 1992

　

　

Transportation Safety Board Regulations

　

P.C. 1992-1558 16 July, 1992

　

 His Excellency the Governor General in Council, on the recommendation of the President of the Queen's Privy Council for Canada, pursuant to subsections 31(1) and (3) and 34(1) of the Canadian Transportation Accident Investigation and Safety Board Act^*, is pleased hereby to approve the revocation of the Canadian Aviation Safety Board Regulations, made on October 3, 1984 by the Canadian Aviation Safety Board and approved by Order in Council P.C. 1984-3733 of November 22, 1984^**, and to approve the annexed Regulations respecting the Canadian Transportation Accident Investigation and Safety Board, made by the Canadian Transportation Accident Investigation and Safety Board on June 25, 1992.

　

^* S.C. 1989, c. 3

　

** SOR/84-929, 1984 Canada Gazette Part II, p. 4301

　

　

　

1. These Regulations may be cited as the Transportation Safety Board Regulations.

　

　

2. (1) In these Regulations,

　

"Act" means the Canadian Transportation Accident Investigation and Safety Board Act; (Loi)

　

"air traffic control unit" means an air traffic control unit as defined in section 101 of the Air Regulations; (unité du contrôle de la circulation aérienne)

　

"collision" means an impact, other than an impact associated with normal operating circumstances, between ships, rolling stock or aircraft, or between a ship, rolling stock or aircraft and another object; (collision)

　

"dangerous goods" means any product, substance or organism included by its nature or by the Transportation of Dangerous Goods Regulations in any of the classes listed in the schedule to the Transportation of Dangerous Goods Act, and includes the dangerous materials listed in Schedule I to the Dangerous Bulk Materials Regulations and dangerous goods referred to in subsection 3(1) of the Dangerous Goods Shipping Regulations, that are transported in bulk by ship; (marchandises dangereuses)

　

"derailment" means an accident whereby one or more wheels of rolling stock leave the rails, other than by reason of an explosion or a collision; (déraillement)

　

"design limits", in respect of a commodity pipeline, means the design limits and criteria for the commodity pipeline that are approved by the National Energy Board; (limites de calcul)

　

"grade-crossing collision" means a collision that occurs at any railway crossing between rolling stock and any other crossing user; (collision à un passage à niveau)

　

"loss of separation" means a situation where the distance separating two aircraft is less than the minimum established in the Air Traffic Control Manual of Operations Procedures, published by the Department of Transport under the designation TP 703, as amended from time to time; (perte d'espacement)

　

"machinery" means machinery as defined in section 2 of the Canada Shipping Act; (machines)

　

"master", in respect of a ship involved in a reportable marine accident or incident, means a master as defined in section 2 of the Canada Shipping Act; (capitaine)

　

"operator" means

　

(a) in respect of an aircraft involved in a reportable aviation accident or incident, an operator as defined in section 101 of the Air Regulations,

　

(b) in respect of a portion of a commodity pipeline involved in a reportable commodity pipeline accident or incident, the company that operates the portion of the commodity pipeline, and

　

(c) in respect of a ship involved in a reportable marine accident or incident, the person that operates the ship; (exploitant)

　

"owner" means

　

(a) in respect of an aircraft involved in a reportable aviation accident or incident, an owner as defined in section 2 of the Identification of Aircraft and Other Aeronautical Products Regulations, and

　

(b) in respect of a ship involved in a reportable marine accident or incident, the actual owner of an unregistered ship and the registered owner of a registered ship; (propriétaire)

　

"pilot", in respect of a ship involved in a reportable marine accident or incident, means a pilot as defined in section 2 of the Pilotage Act; (pilote)

　

"pilot-in-command", in respect of an aircraft involved in a reportable aviation accident or incident, means a pilot-in-command as defined in subsection 3(1) of the Aeronautics Act; (commandant de bord)

　

"pleasure craft" means a ship that is used for pleasure or recreation and that does not carry goods or passengers for hire or reward; (embarcation de plaisance)

　

"radio ship reporting station" means a Canadian Coast Guard radio station or a Canadian Vessel Traffic Service Centre of the Department of Transport or a Canadian marine radio station operated by the St. Lawrence Seaway Authority; (station de radiocommunications maritime)

　

"railway company" means the company that operates rolling stock involved in a reportable railway accident or incident; (compagnie ferroviaire)

　

"reportable accident" means a reportable marine accident, a reportable railway accident, a reportable commodity pipeline accident or a reportable aviation accident; (accident à signaler)

　

　

"reportable incident" means a reportable marine incident, a reportable railway incident, a reportable commodity pipeline incident or a reportable aviation incident; (incident à signaler)

　

"reportable marine accident" means an accident resulting directly from the operation of a ship other than a pleasure craft, where

　

(a) a person sustains a serious injury or is killed as a result of

　

(i) being on board the ship or falling overboard from the ship, or

　

(ii) coming into contact with any part of the ship or its contents, or

　

(b) the ship

　

(i) sinks, founders or capsizes,

　

(ii) is involved in a collision,

　

(iii) sustains a fire or an explosion,

　

(iv) goes aground,

　

(v) sustains damage that affects its seaworthiness or renders it unfit for its purpose, or

　

(vi) is missing or abandoned; (accident maritime à signaler)

　

"reportable marine incident" means an incident resulting directly from the operation of a ship, other than a pleasure craft, where

　

(a) a person falls overboard from the ship,

　

(b) the ship, of one hundred gross tons or more, unintentionally makes contact with the bottom without going aground,

　

(c) the ship fouls a utility cable or pipe, or an underwater commodity pipeline,

　

(d) the ship is involved in a risk of collision,

　

(e) the ship sustains a total failure of any machinery,

　

(f) the ship sustains a shifting of cargo or a loss of cargo overboard,

　

(g) the ship is intentionally grounded or beached to avoid an accident,

　

(h) any crew member whose duties are directly related to the safe operation of the ship is unable to perform the crew member's duties as a result of a physical incapacitation that poses a threat to the safety of any person, property or the environment, or

　

(i) any dangerous goods are released on board or from the ship; (incident maritime à signaler)

　

　

"risk of colllsion" means a situation where a ship, rolling stock or aircraft comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists; (risque de collision)

　

"serious injury" means an injury that is likely to require admission to a hospital; (blessure grave)

　

"special situation" means any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident; (situation spéciale)

　

"track operator" means the company that operates the track on which a reportable railway accident or incident takes place. (exploitant de la voie)

　

(2) In these Regulations, a reference to a master or owner of a ship includes, in the case of a ship being towed by another ship, the master or owner of the towing ship.