Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Short Title

Marginal note:Short title

1 This Act may be cited as the Crown Liability and Proceedings Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Crown

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

liability, for the purposes of Part 1, means

• (a) in the Province of Quebec, extracontractual civil liability, and

• (b) in any other province, liability in tort; (responsabilité)

servant

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

tort[Repealed, 2001, c. 4, s. 34]

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.

PART ILiability

Liability and Civil Salvage

Marginal note:Liability

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

  • (i) the damage caused by the fault of a servant of the Crown, or

  • (ii) the damage resulting from the act of a thing in the custody of or owned by the Crown or by the fault of the Crown as custodian or owner; and

• (b) in any other province, in respect of

  • (i) a tort committed by a servant of the Crown, or

  • (ii) a breach of duty attaching to the ownership, occupation, possession or control of property.

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.

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.

6 [Repealed, 2001, c. 6, s. 113]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]

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.

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.

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.

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.

12 [Repealed, 1999, c. 31, s. 70]

Property

Marginal note:Application of subparagraphs 3(a)(ii) and (b)(ii)

• 13 (1) Subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of any property owned by the Crown unless the Crown or a person acting for the Crown has, in fact,

  • (a) in the case of personal property and movables, taken physical control of it; and

  • (b) in the case of real property or immovables, entered into occupation of it.

• 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.

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.

15 [Repealed, 1990, c. 8, s. 24]

Invasion of Privacy

Marginal note:Definitions

16 In this section and sections 17 and 18,

authorization

authorization[Repealed, 1993, c. 40, s. 19]

electro-magnetic, acoustic, mechanical or other device

electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; (dispositif d’interception)

intercept

intercept includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof; (interception)

private communication

private communication means any oral communication or any telecommunication that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; (communication privée)

public switched telephone network

public switched telephone network means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; (réseau téléphonique public commuté)

radio-based telephone communication

radio-based telephone communication means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network. (communication radiotéléphonique)

Marginal note:Crown liable for interception

• 17 (1) Subject to subsection (2), where a servant of the Crown, by means of an electro-magnetic, acoustic, mechanical or other device, intentionally intercepts a private communication, in the course of that servant’s employment, the Crown is liable for all loss or damage caused by or attributable to that interception, and for punitive damages in an amount not exceeding five thousand dollars, to each person who incurred that loss or damage.

• Marginal note:Saving provision

  (2) The Crown is not liable under subsection (1) for loss or damage or punitive damages referred to therein where the interception complained of

  • (a) was lawfully made;

  • (b) was made with the consent, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it; or

  • (c) was made by an officer or servant of the Crown who engages in radio frequency spectrum management, for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission.

• (3) [Repealed, 1993, c. 40, s. 20]

Marginal note:Crown liable for disclosure

• 18 (1) Subject to subsection (2), where a servant of the Crown who has obtained, in the course of that servant’s employment, any information respecting a private communication or a radio-based telephone communication that has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator thereof or of the person intended by the originator thereof to receive it, intentionally

  • (a) uses or discloses that private communication or radio-based telephone communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or

  • (b) discloses the existence thereof,

  the Crown is liable for all loss or damage caused thereby, and for punitive damages in an amount not exceeding five thousand dollars, to each person who incurred that loss or damage.

• Marginal note:Saving provision

  (2) The Crown is not liable for loss or damage or punitive damages referred to in subsection (1) where a servant of the Crown discloses a private communication or a radio-based telephone communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or the existence of a private communication or of a radio-based telephone communication

  • (a) with the consent of the originator of the communication or of the person intended by the originator to receive it;

  • (b) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the servant of the Crown may be required to give evidence on oath;

  • (c) in the course of or for the purpose of any criminal investigation if the private communication or radio-based telephone communication was not unlawfully intercepted;

  • (d) in giving notice under section 189 of the Criminal Code or furnishing further particulars pursuant to an order under section 190 of that Act;

  • (e) for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission, where the duties of the servant of the Crown include engaging in radio frequency spectrum management; or

  • (f) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere.

Marginal note:Consent to interception

18.1 Where a private communication or a radio-based telephone communication is originated by more than one person or is intended by the originator to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient for the purposes of paragraph 17(2)(b) and subsection 18(2).