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

1 The definitions in this section apply in these Regulations.

Act

Act means the Canada Transportation Act. (Loi)

applicant

applicant means a person who makes an application to the Agency for a certificate of fitness or for the variation of a certificate. (demandeur)

deductible

deductible means the amount of risk for which an applicant retains financial responsibility under an insurance contract. (franchise)

insurer

insurer means an insurance company that provides third party liability insurance coverage to an applicant and includes an insurance company that is wholly owned by the parties it insures. (assureur)

named perils pollution

named perils pollution means risks that are set out in an insurance contract that are associated with seepage or pollution or contamination resulting from but not limited to collision, overturning, derailment, upset, hostile fire, lightning or explosion or other railway related accidents. (risques de pollution désignés)

self-insurance

self-insurance means self-insured retention and deductible. (autoassurance)

self-insured retention

self-insured retention means the amount of risk for which an applicant takes financial responsibility, outside of an insurance contract. (affectation pour autoassurance)

third party liability insurance coverage

third party liability insurance coverage means financial compensation provided for in a contract entered into between an applicant and an insurer, or in the case of self-insurance, financial compensation provided by the applicant, in respect of the following matters arising out of an applicant’s proposed construction or operation of a railway, including a proposed temporary construction or operation of a railway resulting from unforeseen or exceptional circumstances:

• (a) third party bodily injury or death, including injury or death to passengers,

• (b) third party property damage, excluding damage to cargo, and

• (c) named perils pollution. (assurance responsabilité civile)