Interpretation

　

11. For the purposes of sections 12 to 19,

　

"participant", in respect of a public inquiry, means a member of a technical panel, any person who has observer status pursuant to section 23 of the Act and any person who, in the opinion of the Board, has an interest that, having regard to all the relevant circumstances, justifies the person's participation in the public inquiry; (participant)

　

"Presiding Officer", in respect of a public inquiry, means the person designated to be the Presiding Officer by the Chairperson pursuant to paragraph 13(a) or (b); (président d'audience)

　

"technical panel", in respect of a public inquiry, means a technical panel established pursuant to section 14. (comité technique)

　

Public Inquiries

　

12. (1) The manner in which the Board investigates an accident, incident or special situation shall be by an investigation without a public inquiry, unless the Board decides otherwise pursuant to subsection 21(1) of the Act.

　

(2) Where a public inquiry is held pursuant to subsection 21(1) of the Act, it shall proceed, for the purpose of ascertaining facts and circumstances relating to an accident, incident or special situation, by way of a public hearing during which witnesses may be examined.

　

13. Where, pursuant to subsection 21(1) of the Act, the Chairperson designates

　

(a) a person to conduct a public inquiry, that person shall act as the Presiding Officer; or

　

(b) more than one person to conduct a public inquiry, the Chairperson shall designate one of the persons to act as the Presiding Officer.

　

14. The Director of Investigations (Marine), the Director of Investigations (Rail and Commodity Pipelines) or the Director of Investigations (Air), as the case may be, shall, for the purposes of a public inquiry establish a technical panel and designate investigators or persons referred to in subsection 9(2) of the Act to be members of that panel.

　

15. (1) The Presiding Officer may hold a pre-hearing conference with the participants at such time and place as is determined by the Presiding Officer.

　

(2) The Presiding Officer shall, at the pre-hearing conference, after consultation with the participants, determine the extent of the public inquiry the facts and the safety matters to be investigated, including

　

(a) the witnesses to be examined;

　

(b) the areas in respect of which the witnesses may be examined; and

　

(c) the exhibits to be produced.

　

16. (1) The Presiding Officer shall

　

(a) determine the time and place for a public inquiry; and

　

(b) give notice of the public inquiry or pre-hearing conference to the participants and such other persons who, in the opinion of the Board, should be notified.

　

(2) The Presiding Officer is responsible for

　

(a) chairing the public inquiry, resolving questions of admissibility of evidence, disposing of procedural matters and adjourning the public inquiry from time to time and from place to place;

　

(b) compelling the attendance of witnesses by issuing subpoenas in accordance with the requirements set out in subsection (3);

　

(c) keeping appropriate records of the proceedings and of the evidence and information gathered during the public inquiry; and

　

(d) taking any other appropriate action for the orderly conduct of the public inquiry.

　

(3) A subpoena issued to a witness shall be

　

(a) in Form 1 set out in the schedule; and

　

(b) served personally on the witness or, if personal service is impractical, by registered mail at the last known address of the witness,

　

(i) at least three days prior to the date set for the attendance of the witness, where the witness resides not more than 500 km from the required place of attendance, or

　

(ii) at least seven days prior to the date set for the attendance of the witness, where the witness resides more than 500 km from the required place of attendance.

　

(4) For the purposes of subsection (3), a subpoena sent by registered mail is deemed to have been served on the witness five clear days after the postmarked date.

　

(5) No person shall refuse or fail to comply with a requirement of a subpoena issued and served pursuant to this section.

　

17. The witnesses at a public inquiry shall be examined in the order determined by the Presiding Officer.

　

18. Notwithstanding the matters determined by the Presiding Officer under subsection 15(2), the public inquiry may receive evidence that, in the opinion of the Presiding Officer, is relevant and will advance the investigation of the accident, incident or special situation.

　

19. (1) After a public inquiry is completed, the Presiding Officer shall report to the Board respecting the facts and circumstances in respect of which evidence was gathered during the public inquiry.

　

(2) A report made pursuant to subsection (1) shall be considered by the Board in making its final findings as to the causes and contributing factors of an accident, incident or special situation.

　

Witness Fees

　

20. (1) Any witness attending at an investigation of an accident, incident or special situation pursuant to subparagraph 19(9)(a)(i) of the Act, or at a public inquiry held pursuant to subsection 12(2) of these Regulations, shall be paid

　

(a) a fee of $60 for each day, or portion of a day, that the witness is required to attend; and

　

(b) an allowance for travel and living expenses in accordance with the rates set out in the travel policy contained in the Treasury Board Personnel Management Manual, Volume 13 - Employee Services, as amended from time to time.

　

(2) A person who serves a subpoena on a witness pursuant to these Regulations shall, at the time of service, pay or tender the allowance provided for by paragraph (1)(b).

　

Presence at Tests

　

21. Where a person is invited to be present at a test pursuant to subparagraph 19(5)(b)(i) of the Act, that person may

　

(a) be represented by a person having technical knowledge and expertise in the subject-matter of the test; and

　

(b) record or cause to be recorded the condition of the thing being tested prior to, during and after the test.

　

Keeping and Preservation of Records

　

22. (1) Where the Board conducts an investigation into an accident, incident or special situation, the Board shall open and maintain a file relating to the investigation.

　

(2) An investigation file referred to in subsection (1) shall contain the relevant evidence gathered during the investigation, including, where applicable,

　

(a) any document as defined in subsection 19(16) of the Act; and

　

(b) records of representations required to be kept by the Board pursuant to paragraph 24(4)(b) of the Act.

　

(3) An investigation file referred to in subsection (1) shall be preserved by the Board for a period of not less than 20 years after the date that the investigation report was made public by the Board.

　

Meetings of the Board

　

23. The powers, duties and functions of the Board may be exercised

　

(a) at a meeting at which a quorum is present; or

　

(b) by a resolution in writing signed by all of the members.

　

24 (1) The Chairperson or any member designated by the Chairperson shall chair any meetings of the Board.

　

(2) Meetings of the Board shall not be open to the public, unless the Board decides otherwise, and may be held at any place in or outside Canada.

　

25. Any question raised at a meeting of the Board shall be decided by a majority of the votes cast on the question by the members present at the meeting and, where there is an equality of votes, the person chairing the meeting shall cast the deciding vote.

　

26. (1) If all the members present at a meeting of the Board consent, a member may participate in a meeting of the Board by means of telephone or other communication facilities if such means permit all persons participating in the meeting to communicate orally with each other.

　

(2) A member who participates in a meeting of the Board by any means permitted under subsection (1) is deemed to be present at the meeting.

　

(3) Meetings of the Board shall be held from time to time and at such place as the Chairperson or the member designated by the Chairperson may determine, and reasonable notice of such meetings or of adjourned meetings shall be given to all the members by the Chairperson or the designated member.

　

27. The Board may appoint a day or days in any month for regular meetings of the Board at a place and hour to be named by resolution, and a copy of the resolution shall be provided to each member immediately after being passed, but no other notice shall be required for any such regular meeting.