Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Exception

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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).