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• 10 (1) Where the transportation of goods is diverted by the carrier from rail to a vessel for transportation by water owing to necessity, including accidents or natural disasters on the carrier’s route, the carrier’s liability for any loss of or damage to the goods shall be the same as if those goods were transported by rail.

• (2) Subject to subsection (3), where goods are transported by a carrier from rail to a vessel for transportation by water over any part of the carrier’s rail route, that transportation of goods by water shall be subject to the liabilities, limitations and exemptions provided by any Act applicable to transportation of goods by water in addition to any applicable provision of these Regulations that are not inconsistent with that Act.

• (3) No carrier referred to in subsection (2) shall be liable for any loss of or damage to goods or for any delay in the transportation of goods resulting from

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  • (b) an explosion, the bursting of any boiler or the breakage of any shaft on a vessel by which the goods are transported, that does not result from the negligence of the carrier;

  • (c) any latent defect in the hull of a vessel, or in any machinery or appurtenances on a vessel, by which the goods are transported;

  • (d) any collision or running aground of the vessel, or any other accident of navigation affecting the vessel, by which the goods are transported; or

  • (e) a prolongation of the voyage of the vessel by which the goods are transported.

• (4) For the purpose of subsection (2), the transportation of goods by water does not include transportation on a lighter or ferry across rivers or in lakes or within a harbour.

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• 5 (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

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• (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

• (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

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• (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.

2 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)

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• 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.

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