Railway Traffic Liability Regulations (SOR/91-488)

Regulations are current to 2014-09-29

Railway Traffic Liability Regulations

SOR/91-488

CANADA TRANSPORTATION ACT

Registration 1991-08-14

Regulations Respecting the Extent to which a Railway Company’s Liability May Be Limited or Restricted in Respect of any Traffic and Prescribing the Terms and Conditions of the Limitation or Restriction

P.C. 1991-1435  1991-08-13

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 27(2), 153(2) and section 155 of the National Transportation Act, 1987Footnote *, is pleased hereby to approve the revocation by the National Transportation Agency of the Order and Straight Bills of Lading Regulations, C.R.C., c. 1218, and to approve the annexed Regulations respecting the extent to which a railway company’s liability may be limited or restricted in respect of any traffic and prescribing the terms and conditions of the limitation or restriction, made by the National Transportation Agency, in substitution therefor.

SHORT TITLE

 These Regulations may be cited as the Railway Traffic Liability Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Canada Transportation Act; (Loi)

“carrier”

“carrier” means a railway company that is engaged in the transportation of goods; (transporteur)

“delivering carrier”

“delivering carrier” means a carrier that delivers goods to their point of destination; (transporteur livreur)

“originating carrier”

“originating carrier” means a carrier that obtains possession of goods at their point of origin; (transporteur initial)

“transportation of goods”

“transportation of goods” means traffic. (version anglaise seulement)

  • SOR/98-197, s. 11.

 [Repealed, SOR/93-253, s. 2]

LIABILITY OF CARRIER

 Subject to sections 8 and 15, for the purposes of subsection 137(2) of the Act, a carrier is liable, in respect of goods in its possession, for any loss of or damage to the goods or for any delay in their transportation unless that liability is limited by these Regulations.

  • SOR/98-197, s. 12.
  •  (1) A carrier shall not be liable for any loss or damage in respect of any goods or for any delay in the transportation of the goods if the loss, damage or delay, as the case may be, results from

    • (a) an act of God;

    • (b) war or an insurrection;

    • (c) a riot, strike or lock-out;

    • (d) any defect in the goods;

    • (e) any act, negligence or omission of the shipper or owner of the goods;

    • (f) an authority of law; or

    • (g) a quarantine.

  • (2) A carrier shall not be liable, in respect of goods, for

    • (a) any differences in the weights of grain, seed or any other commodity that are caused by any natural shrinkage that occurs during the transportation of the goods; or

    • (b) any discrepancies in elevator weights of grain where the elevators are not operated by the carrier, unless certificates have been issued pursuant to subsection 19(1) of the Weights and Measures Act in respect of the scales that are used to weigh the grain.

  • (3) Where the cartage of goods is not performed by the carrier and the carrier’s notice of the arrival of the goods, in printed or electronic form, has been received by the person who is entitled to receive the goods, the carrier’s liability for any loss of or damage to those goods or for any delay in respect of the transportation of those goods shall be that of a warehouseman if a fire that involves the goods occurs at the destination of the goods or at the port of export

    • (a) subject to paragraph (b), more than 48 hours, excluding holidays, after the arrival of the goods; or

    • (b) more than 72 hours, excluding holidays, after the arrival of the goods, where the goods have been imported but not released under the Customs Act.

  • (4) Where goods are transported, stored or held in open cars in accordance with general practice or at the shipper’s request, the carrier shall be liable only for any loss of or damage to those goods or for any delay in the transportation of those goods caused by or resulting from the negligence of the carrier, except where the goods are lost or damaged by fire, in which case the carrier’s liability shall be the same as the carrier’s liability for goods that are transported in closed cars.

  • (5) The onus of proving that there was no negligence in respect of goods referred to in subsection (4) shall be on the carrier.