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Railway Third Party Liability Insurance Coverage Regulations (SOR/96-337)

Regulations are current to 2020-05-17 and last amended on 2019-06-25. Previous Versions

SCHEDULE 2(Section 6)Information for a Certificate of Fitness for the Operation of a Railway That Does Not Relate to a Passenger Rail Service

  • 1 
    The policy number of each insurance policy.
  • 2 
    The amount of aggregate and per-occurrence coverage provided by each insurance policy for each of the risks set out in subsection 92(1.1) of the Act.
  • 3 
    The policy form type.
  • 4 
    The period of coverage for each insurance policy.
  • 5 
    The name of each insurer and the financial strength rating given to the insurer by a financial rating agency.
  • 6 
    The amount of self-insured retention.
  • 7 
    The amount of deductible for each insurance policy.
  • 8 
    Written confirmation from the applicant’s insurance broker of the information provided in respect of items 1 to 7 of this schedule or, if the applicant does not have an insurance broker, written confirmation from each insurer of the information that concerns their policy that is provided in respect of items 1 to 7.
  • 9 
    The applicant’s declaration that the following information has been disclosed to each insurer:
    • (a) 
      the nature and extent of the operation of the railway and any associated third party liability risks; and
    • (b) 
      any incident, accident or occurrence that could give rise to a claim under the policy and that the applicant is required to disclose.
  • 10 
    The applicant’s declaration that the amount of per-occurrence coverage reported in item 2 is available despite any pending or accepted claims.
  • 11 
    The applicant’s declaration that they have the financial capability to pay the amounts reported for items 6 and 7.
  • 12 
    The applicant’s audited financial statements for the three most recent complete fiscal years or, if there are no audited financial statements for each of those years, the audited financial statements for any of those years and any other relevant financial information.
  • 13 
    The traffic volumes and forecasted traffic volumes, by tonne, of TIH (Toxic Inhalation Hazard) material, crude oil and other dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 that are or will be carried
    • a) 
      by the applicant on its railway, or the railway of another person, during
      • (i) 
        the two previous complete calendar years,
      • the current calendar year, to date, and the remainder of the year, and
      • the next calendar year; and
    • b) 
      by a person other than the applicant on the applicant’s railway during
      • (i) 
        the two previous complete calendar years,
      • the current calendar year, to date, and the remainder of the year, and
      • the next calendar year.
  • 14 
    The methodology used to forecast traffic volume for each type of commodity referred to in item 13.
  • 15 
    Any supporting documentation requested by the Agency in respect of the information referred to in item 13, including waybills and other shipping documents.
  • 16 
    Any other information relevant to the insurance coverage and the assessment of the liabilities of the operation.
  • SOR/2019-254, s. 8
 
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