3. (1) This Act applies in respect of aviation occurrences
(a) in or over Canada;
(b) in or over any place that is under Canadian air traffic control; and
(c) in or over any other place, if
(i) Canada is requested to investigate the aviation occurrence by an appropriate authority, or
(ii) the aviation occurrence involves an aircraft in respect of which, or that is operated by a person to whom, a Canadian aviation document has been issued under Part I of the Aeronautics Act.
(2) This Act applies in respect of marine occurrences
(a) in Canada; and
(b) in any other place, including waters described in subsection (3), if
(i) Canada is requested to investigate the marine occurrence by an appropriate authority,
(ii) the marine occurrence involves a ship registered or licensed in Canada, or
(iii) a competent witness to, or person having information concerning a matter that may have contributed to, the marine occurrence arrives or is found at any place in Canada.
(3) This Act also applies in respect of marine occurrences or pipeline occurrences related to an activity concerning the exploration or exploitation of the continental shelf.
(4) This Act applies in respect of railway occurrences and pipeline occurrences
(a) in Canada, if the railway or pipeline is within the legislative authority of Parliament; and
(b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority.
(5) [Repealed, 1996, c. 31, s. 64]
Marginal note:Restrictions re national security
(6) The application of this Act, or any provision thereof, in respect of transportation occurrences referred to in subsection 18(3) is subject to such restrictions in the interests of national security as are provided by the National Defence Act or by regulations made under that Act or as the Governor in Council is hereby authorized to prescribe by order.
Marginal note:Act binding on Her Majesty
(7) This Act is binding on Her Majesty in right of Canada or a province.
- 1989, c. 3, s. 3;
- 1996, c. 31, s. 64;
- 1998, c. 20, ss. 2, 24, 25(E).
CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD
Marginal note:Board established
4. (1) There is hereby established a board to be known as the Canadian Transportation Accident Investigation and Safety Board, consisting of not more than five members appointed by the Governor in Council, at least three of whom shall be full-time members.
Marginal note:Qualifications of members
(2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council, are collectively knowledgeable about air, marine, rail and pipeline transportation.
Marginal note:Term of office
(3) A member shall be appointed to hold office during good behaviour for a term not exceeding seven years, but may be removed by the Governor in Council at any time for cause.
(4) A member is eligible for re-appointment.
Marginal note:Continuity of membership
(5) In fixing a term of appointment or re-appointment, the Governor in Council shall endeavour to ensure, to the extent that it is practical to do so, that, notwithstanding periodic changes in the membership of the Board, it remains constituted at all times at least partly of persons who have had previous experience as members.
Marginal note:Remuneration and fees
(6) A full-time member shall be paid the remuneration, and a part-time member shall be paid the fees, that are fixed by the Governor in Council.
(7) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.
Marginal note:Retirement pensions
(8) The full-time members are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
(9) The members are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
- 1989, c. 3, s. 4;
- 1998, c. 20, ss. 3, 24;
- 2003, c. 22, ss. 224(E), 225(E).
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