Reportable Marine Accidents and Incidents

　

3. (1) Subject to subsections (2) and (6), where a reportable marine accident or incident takes place, the owner, operator, charterer, master, pilot and any crew member of the ship shall report to the Board as much of the information listed in subsection (3) as is available, as soon as possible and by the quickest means available.

　

(2) A report made to a radio ship reporting station shall be considered to have been made to the Board.

　

(3) The report referred to in subsection (1) shall contain the following information:

　

(a) the name or identification number, nationality and type of the ship;

　

(b) the names of the owner, operator, charterer and agents of the ship;

　

(c) the names and qualifications of the master and pilot of the ship;

　

(d) the date and time of the accident or incident;

　

(e) the weather and sea conditions at the time of the accident or incident;

　

(g) a description of the navigational aids on board the ship;

　

(g) the last point of departure and intended destination of the ship, including the date and time of the departure;

　

(h) where the ship is not missing,

　

(i) the location of the accident or incident by reference to an easily defined geographical point, or by latitude and longitude,

　

(ii) the number of crew members, passengers and other persons that were killed or sustained a serious injury,

　

(iii) a description of the accident or incident and the extent of any resulting damage to the ship, the environment and other property, and

　

(iv) a description of any dangerous goods aboard, or released from, the ship;

　

(i) where the ship is missing,

　

(i) the last known position of the ship by reference to an easily defined geographical point, or by latitude and longitude, including the date and time of that position,

　

(ii) the number of crew members and passengers aboard the ship,

　

(iii) a description of any dangerous goods aboard the ship, and

　

(iv) the action being taken to locate the ship;

　

(j) the technical specifications of the ship such as the tonnage, length and type of propulsion;

　

(k) a description of the cargo aboard the ship; and

　

(l) the name and address of the person making the report and, where applicable, the name or identification number of the ship from which the report is being made.

　

(4) In addition to the reporting requirements set out in subsection (1), the master of a ship involved in a reportable marine accident or incident shall, in a form approved by the Board, submit to the Board within 30 days after the accident or incident all the information required by subsection (3), unless otherwise exempted by the Board pursuant to subsection (5).

　

(5) The Board may exempt a master from submitting the information referred to in subsection (4) where the Board has gathered the information through its own investigation of the accident or incident.

　

(6) Where any person makes a report pursuant to subsection (1), no other person referred to in that subsection is required to make such a report.

　

　

　

General

　

7. Any person having knowledge of any accident, incident or special situation associated with the operation of a ship, rolling stock, commodity pipeline or aircraft may report to the Board any information that the person believes is relevant.

　

Confidential Reporting

　

8. (1) The Board may establish a confidential reporting unit that shall have exclusive authority to receive and examine in confidence any verbal or written report made, pursuant to section 7.

　

(2) Where a report is made to the Board, other than a report concerning a reportable accident or incident made by a person referred to in subsection 3(1), 4(1), 5(1) or 6(1), no person shall release the identity of the person making the report or any information that could reasonably be expected to reveal that person's identity, unless the person making the report authorizes, in writing, its release.

　

　

9. (1) Subject to subsections (2) and (3), where a reportable accident or incident takes place, the owner, operator, master and any crew member shall, to the extent possible, and until otherwise instructed by the Board or except as otherwise required by law, preserve and protect any evidence relevant to the reportable. accident or incident, including evidence contained in documents as defined in subsection 19(16) of the Act.

　

(2) Subsection (1) shall not be construed as preventing any person from taking necessary measures to ensure the safety of any person, property or the environment.

　

(3) Where evidence relevant to a reportable accident or incident has to be interfered with pursuant to subsection (2), the person directing, supervising or arranging the interference shall, to the extent possible in the circumstances, and prior to the interference, record the evidence by the best means available.

　

(4) Where any person required to do so pursuant to subsection (1) preserves and protects evidence relevant to a reportable accident or incident, no other person referred to in that subsection is required to preserve or protect that evidence.

　

　

10. (1) Where a person referred to in paragraph 23(2)(a), (b) or (d) of the Act attends as an observer at the investigation of an accident, incident or special situation conducted by the Board, the person may, subject to the conditions imposed by the Board and under the supervision of an investigator,

　

(a) attend at the location of the accident, incident or special situation;

　

(b) examine the ship, rolling stock, commodity pipeline or aircraft involved in the accident, incident or special situation and its component parts and contents;

　

(c) unless otherwise prohibited by law, examine any document as defined in subsection 19(16) of the Act, and any other relevant evidence, relating to

　

(i) the transportation activity during which the accident, incident or special situation took place,

　

(ii) the crew members involved in the accident, incident or special situation, and

　

(iii) the ship, rolling stock, commodity pipeline or aircraft and its component parts and contents; and

　

(d) attend laboratory tests or analyses.

　

(2) Where a person referred to in paragraph 23(2)(c) of the Act attends as an observer at an investigation of an accident, incident or special situation conducted by the Board, the person shall, unless otherwise prohibited by law, be granted the rights and privileges expressed in the provisions and recommended practices set out in the international agreement or convention.

　

(3) The rights and privileges granted to an observer shall not, unless otherwise authorized by the Board, include attendance at an interview of a witness during an investigation.