Mr. Speaker, I am pleased to speak today to Bill S-2, which amends the Canadian Transportation Accident Investigation and Safety Board Act and makes consequential amendments to another Act.
In 1989 parliament passed the CTAISB act and the act was proclaimed in March 1990. Following a review that was required by the statute and on the basis of the operating experience of the Transport Safety Board, the TSB, over the past eight years some legislative changes have been proposed to fine tune the TSB's already good legislation.
Many of the proposed changes are relatively minor, or are administrative in nature. It is also proposed to improve the Board's operating practices and its independence.
Thanks to the administrative changes proposed, a number of the definitions used in the act will be improved, application of the act as it applies to pipeline accidents and incidents will be clarified, and it will be made clearer that departments may continue to perform their duties while the Board is investigating an accident.
As well, the TSB will be more readily able to respond to provincial requests to carry out investigations for them, on a cost recovery basis.
There are several proposed changes to put increased emphasis on the identification of safety deficiencies through TSB investigations.
In order to encourage people to provide the TSB with information on safety, it is proposed that information provided to investigators, by witnesses for instance, be better protected. Civil proceedings may be taken against persons refusing to provide information to TSB investigators.
A proposal will provide protection to representations made to the board on its confidential draft reports by persons with a direct interest who are asked to review them. Such protection would be similar to that provided to witness statements.
The bill contains a number of provisions as well concerning on board recorders, equipment known as black boxes, which can be very useful in a complex investigation. The on board recordings, which are already protected, will include the video recordings of crew activities.
However, sounds heard in on board recordings that are not voice recordings, such as motor noise, will no longer be protected.
Currently, on board recordings cannot be used in criminal or disciplinary proceedings. One provision will apply the same privilege to the recordings to limit their use in civil proceedings.
The bill was considered in detail by the Senate and three amendments were made. The first was to provide assurance that there would be a minimum number of full time board members. The second was to accommodate the orderly administration of judicial and other proceedings started before these amendments become law. We believe that both of those amendments improve the bill.
A third amendment was made to widen the meaning of on-board recordings. That amendment leads to some serious problems for the Department of Transport in its safety oversight role and we requested that it be defeated. It has the unintended effect of denying the employer and the regulator access to the information necessary to ensuring the quality and safety of some elements of air traffic service. Further, it makes it difficult to take remedial measures when procedures require amendments. I point out that the Canadian Air Traffic Control Association does not object to the removal of this amendment.
Bill S-2 would help improve Canada's already exceptional reputation in transport accident investigation. I ask all members of the House to give the bill speedy passage.