Definitions

Definitions

113 (1) The following definitions apply in this section. coroner includes any medical examiner or other person carrying out the duties and functions of a coroner. (coroner) recording means the whole or any part of either a recording of voice communications originating from, or received on or in, a regulated facility, or a video recording of the activities of the operating personnel of the regulated facility, which recording of voice communications or video recording is made, using recording equipment to which the operating personnel does not have access, in a place where operations of the facility are carried out and includes a transcript or substantial summary of such a recording. (enregistrement) (2) Every recording is privileged and, except as provided by this section, a person, including any person to whom access is provided under this section, must not (a) knowingly communicate a recording or permit it to be communicated to any person; or (b) be required to produce a recording or give evidence relating to it in any legal, disciplinary or other proceedings. (3) Any recording that relates to an accident that is the subject of an inquiry under subsection 32(2) must be released to the Regulator on request for the purposes of the inquiry. (4) The Regulator may make any use of any recording obtained under this Act that it considers necessary for the purposes of the inquiry under subsection 32(2), but, subject to subsection (5), must not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the inquiry. (5) The Regulator must make available any recording obtained under this Act to (a) a coroner who requests access to it for the purpose of an investigation that the coroner is conducting; (b) any person carrying out an inquiry under subsection 32(2); or (c) any person carrying out a coordinated investigation referred to in the Canadian Transportation Accident Investigation and Safety Board Act. (6) Despite any other provision of this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a recording is made, the court or coroner must cause notice of the request to be given to the Regulator, if the Regulator is not a party to the proceedings and, in camera, examine the recording and give the Regulator a reasonable opportunity to make representations with respect to it. 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 recording by virtue of this section, the court or coroner must order the production and discovery of the recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to the recording. (7) A recording is not to be used against agents or employees who are directly or indirectly involved in the operation of a regulated facility in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings. (8) For the purposes of subsection (6), court includes any person appointed or designated to conduct a public inquiry into a pipeline occurrence, within the meaning of section 2 of the Canadian Transportation Accident Investigation and Safety Board Act, under the Inquiries Act.