Canada Travelling Exhibitions Indemnification Regulations (SOR/99-467)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2010-01-13. Previous Versions
MAXIMUM COVERAGE FOR SINGLE CONVEYANCE
8. Indemnity coverage for objects and appurtenances transported in a single conveyance may not exceed $100,000,000.
PERIOD OF COVERAGE
9. The period of coverage in an indemnity agreement shall not exceed two years, but the Minister may extend the period for an additional year if
(a) an extension of the loan of an object or appurtenance is necessary to accommodate additional venues;
(b) delays in transit occur that are beyond the control of the applicant; or
(c) the Minister has undertaken to restore a damaged object or appurtenance under subparagraph 12(b)(ii).
CONDITION REPORT
10. Within 15 days after the applicant assumes responsibility for the safeguarding of an object or appurtenance that is the subject of an indemnity agreement, the applicant shall file with the Minister a condition report describing the physical condition of the object or appurtenance as of the time that the applicant accepts responsibility for its safeguarding.
- SOR/2010-12, s. 1.
INDEMNIFICATION CLAIMS PROCEDURE
11. (1) In the event of loss or damage to an object or appurtenance that is the subject of an indemnity agreement, the owner
(a) shall notify the Minister within two business days after the discovery of the loss or damage; and
(b) may, where the owner is seeking to be indemnified under an indemnity agreement, file with the Minister a claim in writing within 90 days after the date specified in an indemnity agreement by which an object or appurtenance is to be returned to the place designated by the owner, or within 60 days after the date on which the object or appurtenance is so returned, whichever date is earlier.
(2) The claim must be accompanied by written proof of the loss or damage that is supported by a statutory declaration that includes the following information:
(a) a complete and detailed inventory of the lost or damaged object or appurtenance with detailed information regarding its fair market value before and after the loss or damage;
(b) the location of the object or appurtenance at the time of the loss or damage;
(c) when and how the loss or damage occurred, and if it was caused by fire or explosion, how the fire or explosion started, as far as the owner knows or believes;
(d) a statement that the loss or damage did not occur through any wilful act or negligence of the owner or with the owner’s connivance;
(e) all condition reports that, under the indemnity agreement, have been completed in respect of the object or appurtenance throughout the travelling exhibition; and
(f) any other documentation or information that is relevant in order to allow the Minister to determine the validity of the claim.
VALIDITY OF CLAIM
12. If the Minister determines that a claim is valid and that
(a) the loss is total, the Minister shall pay the amount of the claim to the owner in accordance with the terms of the indemnity agreement; or
(b) the loss or damage is partial and the Minister agrees with the consequent reduction in the fair market value of the object or appurtenance as set out in the claim, the Minister shall
(i) pay the amount of the claim to the owner, in accordance with the terms of the indemnity agreement, or
(ii) subject to the written agreement of the owner, have the object or appurtenance restored to the condition described in the report referred to in section 10.
