An Act respecting the liability of the Crown and proceedings by or against the Crown
Marginal note:Short title
- R.S., 1985, c. C-50, s. 1
- 1990, c. 8, s. 21
2 In this Act,
Crown means Her Majesty in right of Canada; (État)
- Crown ship
Crown ship means a Crown vessel as defined in subsection 48(1) of the Wrecked, Abandoned or Hazardous Vessels Act; (navire de l’État)
liability, for the purposes of Part 1, means
servant includes agent, but does not include any person appointed or employed by or under the authority of a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut. (préposés)
tort[Repealed, 2001, c. 4, s. 34]
- R.S., 1985, c. C-50, s. 2
- 1990, c. 8, s. 22
- 1993, c. 28, s. 78
- 1998, c. 15, s. 21
- 2001, c. 4, s. 34, c. 26, s. 295
- 2002, c. 7, s. 151
- 2014, c. 2, s. 7
- 2019, c. 1, s. 135
Definition of person
2.1 For the purposes of sections 3 to 5, person means a natural person of full age and capacity other than Her Majesty in right of Canada or a province.
- 2001, c. 4, s. 35
Liability and Civil Salvage
3 The Crown is liable for the damages for which, if it were a person, it would be liable
(a) in the Province of Quebec, in respect of
(b) in any other province, in respect of
- R.S., 1985, c. C-50, s. 3
- 2001, c. 4, s. 36
Marginal note:Motor vehicles
4 The Crown is liable for the damage sustained by anyone by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a person.
- R.S., 1985, c. C-50, s. 4
- 2001, c. 4, s. 37
Marginal note:Civil salvage
5 (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property, applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life from a Crown ship or aircraft, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.
Marginal note:Claims in Federal Court
(2) All claims against the Crown under subsection (1) shall be heard and determined by a judge of the Federal Court.
- R.S., 1985, c. C-50, s. 5
- 2001, c. 4, s. 38, c. 26, s. 296
6 [Repealed, 2001, c. 6, s. 113]
Marginal note:Limitation or prescription period for salvage proceedings
7 (1) Section 53 of the Wrecked, Abandoned or Hazardous Vessels Act applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
(2) [Repealed, 2001, c. 6, s. 114]
- R.S., 1985, c. C-50, s. 7
- 2001, c. 6, s. 114, c. 26, s. 298
- 2019, c. 1, s. 136
Marginal note:Saving in respect of prerogative and statutory powers
8 Nothing in sections 3 to 7 makes the Crown liable in respect of anything done or omitted in the exercise of any power or authority that, if those sections had not been passed, would have been exercisable by virtue of the prerogative of the Crown, or any power or authority conferred on the Crown by any statute, and, in particular, but without restricting the generality of the foregoing, nothing in those sections makes the Crown liable in respect of anything done or omitted in the exercise of any power or authority exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of Canada or of training, or maintaining the efficiency of, the Canadian Forces.
- R.S., c. C-38, s. 3
Special Provisions respecting Liability
Marginal note:No proceedings lie where pension payable
9 No proceedings lie against the Crown or a servant of the Crown in respect of a claim if a pension or compensation has been paid or is payable out of the Consolidated Revenue Fund or out of any funds administered by an agency of the Crown in respect of the death, injury, damage or loss in respect of which the claim is made.
- R.S., 1985, c. C-50, s. 9
- 2001, c. 4, s. 39(F)
Marginal note:Liability for acts of servants
10 No proceedings lie against the Crown by virtue of subparagraph 3(a)(i) or (b)(i) in respect of any act or omission of a servant of the Crown unless the act or omission would, apart from the provisions of this Act, have given rise to a cause of action for liability against that servant or the servant’s personal representative or succession.
- R.S., 1985, c. C-50, s. 10
- 2001, c. 4, s. 40
Marginal note:Motor vehicles
11 No proceedings lie against the Crown by virtue of section 4 in respect of damage sustained by any person by reason of a motor vehicle on a highway unless the driver of the motor vehicle or the driver’s personal representative or succession is liable for the damage so sustained.
- R.S., 1985, c. C-50, s. 11
- 2001, c. 4, s. 40
12 [Repealed, 1999, c. 31, s. 70]
Marginal note:Application of subparagraphs 3(a)(ii) and (b)(ii)
Marginal note:Effect of orders
(2) Where the Governor in Council has, by order published in the Canada Gazette, declared that the Crown has, before, on or after November 15, 1954, ceased to be in control or in occupation of any property specified in paragraphs (1)(a) and (b), subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of the specified property from the day of publication of the order until the day the order is revoked.
- R.S., 1985, c. C-50, s. 13
- 2001, c. 4, s. 41
Proceedings in rem
Marginal note:Proceedings in rem
14 Nothing in this Act
(a) authorizes proceedings in rem in respect of any claim against the Crown;
(b) authorizes the arrest, detention or sale of any Crown ship or aircraft, or of any cargo or other property belonging to the Crown; or
(c) gives to any person any lien on, or cause of preference on or in respect of, any ship, aircraft, cargo or other property belonging to the Crown.
- R.S., 1985, c. C-50, s. 14
- 2001, c. 4, s. 42
15 [Repealed, 1990, c. 8, s. 24]
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