Canadian Transportation Accident Investigation and Safety Board Act

Marginal note:Definition of on-board recording

• 28 (1) In this section, on-board recording means the whole or any part of

  • (a) a recording of voice communications originating from, or received on or in,

    • (i) the flight deck of an aircraft,

    • (ii) the bridge or a control room of a ship,

    • (iii) the cab of a locomotive, or

    • (iv) the control room or pumping station of a pipeline, or

  • (b) a video recording of the activities of the operating personnel of an aircraft, ship, locomotive or pipeline

  that is made, using recording equipment that is intended to not be controlled by the operating personnel, on the flight deck of the aircraft, on the bridge or in a control room of the ship, in the cab of the locomotive or in a place where pipeline operations are carried out, as the case may be, and includes a transcript or substantial summary of such a recording.

• Marginal note:Privilege for on-board recordings

  (2) Every on-board recording is privileged and, except as provided by this section, no person, including any person to whom access is provided under this section, shall

  • (a) knowingly communicate an on-board recording or permit it to be communicated to any person; or

  • (b) be required to produce an on-board recording or give evidence relating to it in any legal, disciplinary or other proceedings.

• Marginal note:Access by Board

  (3) Any on-board recording that relates to a transportation occurrence being investigated under this Act shall be released to an investigator who requests it for the purposes of the investigation.

• Marginal note:Use by Board

  (4) The Board may make any use of any on-board recording obtained under this Act that it considers necessary in the interests of transportation safety, but, subject to subsections (5) and (5.1), shall not knowingly communicate or permit to be communicated to anyone any portion of the recording that is unrelated to the causes or contributing factors of the transportation occurrence under investigation or to the identification of safety deficiencies.

• Marginal note:Access by peace officers, coroners and other investigators

  (5) The Board shall make available any on-board recording obtained under this Act to

  • (a) [Repealed, 1998, c. 20, s. 17]

  • (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or

  • (c) any person carrying out a coordinated investigation under section 18.

• Marginal note:Power to provide access to certain persons

  (5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization.

• Marginal note:Authorization under another Act

  (5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the Canadian Energy Regulator Act, the Railway Safety Act or the Canada Shipping Act, 2001 and

  • (a) there has been no transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates; or

  • (b) there has been a transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates but that is not investigated under this Act.

• Marginal note:Power of court or coroner

  (6) Notwithstanding anything in this section, where, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

  • (a) cause notice of the request to be given to the Board, if the Board is not a party to the proceedings;

  • (b) in camera, examine the on-board recording and give the Board a reasonable opportunity to make representations with respect thereto; and

  • (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to such restrictions or conditions as the court or coroner deems appropriate, and may require any person to give evidence that relates to the on-board recording.

• Marginal note:Use prohibited

  (7) An on-board recording may not be used against any of the following persons in disciplinary proceedings, proceedings relating to the capacity or competence of an officer or employee to perform the officer’s or employee’s functions, or in legal or other proceedings, namely, air or rail traffic controllers, marine traffic regulators, aircraft, train or ship crew members (including, in the case of ships, masters, officers, pilots and ice advisers), airport vehicle operators, flight service station specialists, persons who relay messages respecting air or rail traffic control, marine traffic regulation or related matters and persons who are directly or indirectly involved in the operation of a pipeline.

• Marginal note:Definition of court

  (8) For the purposes of subsection (6), court includes a person or persons appointed or designated to conduct a public inquiry into a transportation occurrence pursuant to this Act or the Inquiries Act.