Railway Third Party Liability Insurance Coverage Regulations (SOR/96-337)
Full Document:
Regulations are current to 2012-05-14
Railway Third Party Liability Insurance Coverage Regulations
SOR/96-337
Registration 1996-07-03
Railway Third Party Liability Insurance Coverage Regulations
P.C. 1996-1063 1996-07-03
ORDER NO. 1996-R-275
Pursuant to subsection 92(3) of the Canada Transportation ActFootnote a, the Canadian Transportation Agency hereby makes the Railway Third Party Liability Insurance Coverage Regulations in accordance with the schedule hereto.
July 2, 1996
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation ActFootnote a, hereby approves the annexed Railway Third Party Liability Insurance Coverage Regulations, made by the Canadian Transportation Agency.
Return to footnote aS.C. 1996, c. 10
INTERPRETATION
1. The definitions in this section apply in these Regulations.
- “Act”
“Act” means the Canada Transportation Act. (Loi)
- “applicant”
“applicant” means a person who makes an application to the Agency for a certificate of fitness or for the variation of a certificate. (demandeur)
- “deductible”
“deductible” means the amount of risk for which an applicant retains financial responsibility under an insurance contract. (franchise)
- “insurer”
“insurer” means an insurance company that provides third party liability insurance coverage to an applicant and includes an insurance company that is wholly owned by the parties it insures. (assureur)
- “named perils pollution”
“named perils pollution” means risks that are set out in an insurance contract that are associated with seepage or pollution or contamination resulting from but not limited to collision, overturning, derailment, upset, hostile fire, lightning or explosion or other railway related accidents. (risques de pollution désignés)
- “self-insurance”
“self-insurance” means self-insured retention and deductible. (autoassurance)
- “self-insured retention”
“self-insured retention” means the amount of risk for which an applicant takes financial responsibility, outside of an insurance contract. (affectation pour autoassurance)
- “third party liability insurance coverage”
“third party liability insurance coverage” means financial compensation provided for in a contract entered into between an applicant and an insurer, or in the case of self-insurance, financial compensation provided by the applicant, in respect of the following matters arising out of an applicant’s proposed construction or operation of a railway, including a proposed temporary construction or operation of a railway resulting from unforeseen or exceptional circumstances:
(a) third party bodily injury or death, including injury or death to passengers,
(b) third party property damage, excluding damage to cargo, and
(c) named perils pollution. (assurance responsabilité civile)
APPLICATION
2. These Regulations apply to any person proposing to
(a) construct a railway; or
(b) operate a railway either over and on their own railway or over and on the railway of another railway company, including operating over and on a portion of the railway of another railway company.