Under the Canadian Transportation Accident Investigation and Safety Board Act (CTAISB Act), TSB investigators have the authority to interview anyone who may have information relevant to the investigation of a transportation occurrence.
You have been asked to participate in an interview with the TSB following a transportation occurrence.
Interviews are an important part of a TSB investigation (see our investigation process). The information you provide helps investigators understand what happened and why, with the goal of improving transportation safety and preventing similar occurrences.
Investigators aim to conduct interviews as soon as possible after the occurrence so that memories of events are as accurate as possible. You may be asked about what happened before, during, and after the occurrence, including details about operations, conditions, or equipment relevant to the investigation.
If another organization has requested or conducted an interview with you, please inform the TSB investigator who contacted you.
If you have questions or concerns about the interview, please contact the TSB representative who requested it. They will be happy to address them in advance.
What to expect during the interview
TSB investigators work with interviewees to create an environment where they can share as much detailed information as possible. Investigators often use cognitive interviewing techniques, which are designed to help people recall events more clearly. For example, you may be asked to describe events in detail or to think carefully about what you saw or heard.
Interviews are conducted in the official language of your choice (English or French). If necessary, an interpreter may assist during the interview.
To help ensure accurate recollections, interviews are usually conducted individually. However, investigators may exercise discretion on a case-by-case basis and consider different arrangements if circumstances require it.
Interview process
At the start of the interview, the investigator will explain the purpose of the interview and the process. This is an opportunity for you to ask questions.
The investigator will usually begin by asking general questions, for example about your role, experience, or activities related to the occurrence. The discussion will then focus on what you witnessed or on your understanding of operational matters relevant to the investigation.
Investigators may have follow-up questions or request documents to better understand the circumstances surrounding the occurrence. In some cases, you may also be asked about factors such as fatigue, medical history, or sleep patterns if they may be relevant to the investigation.
You may also be asked whether you are aware of any other information that could assist the investigation.
Recording
To ensure an accurate record of the discussion, TSB investigators record interviews and may also take notes during the interview. This allows the investigator to focus on the conversation and helps ensure that the information provided is accurately documented.
Important to note: Only the TSB has the right to record an interview. Neither the interviewees nor their accompanying person may take recordings or notes. Additionally, only the interviewee can request a copy of the recording of the interview from the investigator.
Privileged statements
To enable you to speak freely with the investigator in the interest of transportation safety, your statement is privileged and will not be released outside of the TSB.
Under the CTAISB Act, a statement relating to a transportation occurrence—including the identity of the interviewee—is privileged. This means it will not be shared without the interviewee’s consent.
The TSB always opposes requests for the release of witness statements without the interviewee’s consent. However, a court or a coroner may order the release of a witness statement if it concludes that the proper administration of justice outweighs an individual’s privilege.
Statements are also protected from being used in disciplinary or other hearings, except as provided by the CTAISB Act.
Who may attend the interview
Interviews are held in camera, meaning they are private and not open to the public. The following individuals may attend an interview:
- The TSB investigator(s)
- The interviewee
- Any person requested by the investigator to attend (e.g., an interpreter)
- The accompanying person, chosen by the interviewee
You may invite a person of your choice to accompany you during the interview. The purpose of this person’s presence is solely for moral support and not for any form of professional representation (e.g., union, legal).
The accompanying person must not be in a situation of actual or potential conflict of interest or be someone who has been or that will be interviewed by the TSB.
You and the accompanying person should be aware that
- interview questions must be answered by the interviewee and not by the accompanying person;
- the interviewee’s statement is privileged and cannot be communicated or shared with others;
- only the interviewee can request a copy of their statement from the investigator; and
- the investigator may exclude an accompanying person from the interview if their interventions or behaviour interferes with the proper conduct of the interview.
The TSB appreciates your cooperation. The information you provide plays an important role in helping investigators understand what happened and improving the safety of Canada’s transportation system.