11. The amount of any loss of or damage to goods for which a carrier is liable in respect of the transportation of the goods shall be the lesser of the value of the goods at the place and time of their shipment, including freight and other charges that affect the valuation of the goods, if paid, and the customs duties if paid or payable and not refundable, and

• (a) the value represented in writing by the shipper,

• (b) the value agreed to by the carrier and the shipper, or

• (c) the value determined in accordance with the tariff classification of the goods on which the rate is based.

• 12. (1) Where, under any classification or special reduced tariff, goods are transported at the risk of the owner or shipper of the goods, the carrier’s risks are limited to the risks that are necessarily incidental to the transportation of the goods and the carrier shall only be liable for any loss of or damage to those goods or for any delay in respect of those goods that results from the negligence of the carrier.

• (2) The onus of proving that there was no negligence in respect of goods referred to in subsection (1) shall be on the carrier.

13. Where a person who is entitled to receive goods receives from a carrier a notice, in printed or electronic form, to remove the goods and the person has not removed the goods within 72 hours after receipt of the notice in the case of goods imported but not released under the Customs Act, or within 48 hours in any other case, excluding holidays,

• (a) the carrier’s liability for any loss of or damage to the goods or for any delay in respect of the goods shall be that of a warehouseman in the case where the goods are kept in a car, station, place of delivery or warehouse of the carrier; and

• (b) the carrier shall not incur any liability for any loss of or damage to the goods or for any delay in respect of the goods in the case where, after notice of the removal of the goods is given, the goods are in a public or licensed warehouse at the owner’s expense and risk.

• 14. (1) Where a carrier transports goods in carloads from a private siding, station, wharf or landing at which there is no agent of the carrier, the goods shall be at the risk of the owner until the carrier removes the car from the private siding, station, wharf or landing, and after that removal the goods shall be at the risk of the carrier.

• (2) Where a carrier transports goods in carloads to a private siding, station, wharf or landing at which there is no agent of the carrier, the goods shall be at the risk of the carrier until they are placed on the delivery siding at the private siding, station, wharf or landing.

15. A carrier is not liable for any loss of or damage to goods of extraordinary value that the carrier transports where the shipper of the goods, before shipping, does not disclose in writing the value of the goods to the carrier or the carrier’s agent.

• 16. (1) A carrier is not liable for any loss or damage caused by explosives or other dangerous goods that the carrier transports where the shipper of the explosives or other dangerous goods, before shipping, does not disclose in writing the nature of the goods to the carrier or the carrier’s agent.

• (2) [Repealed, SOR/93-253, s. 2]