GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cape Breton Development Corporation Act — C-25 34 and 35
34 and 35 [Repealed, 2000, c. 23, s. 17]
Cape Breton Development Corporation Act — C-25 44
Continuation 44 (1) The Cape Breton Development Corporation Act and sections 27 to 43 of this Part shall be construed as if the Industrial Development Division of the Cape Breton Development Corporation were a separate corporation, in this section referred to as the “continued corporation”, continued as the Enterprise Cape Breton Corporation, in this section referred to as the “new corporation”, established by section 27 of this Part. Directors and officers (2) For the purposes of this section, the members of the Board of Directors of the continued corporation shall be deemed to have resigned immediately before the corporation was continued, and the President of the Cape Breton Development Corporation shall be deemed not to have been an officer or director of the continued corporation. By-laws (3) The by-laws of the Cape Breton Development Corporation that are in force on the coming into force of this section shall, to the extent they are applicable, be deemed to have been the by-laws of the continued corporation but those by-laws shall cease to have effect as the by-laws of the new corporation sixty days after the coming into force of this section. Directions (4) The President of the Treasury Board, the Minister and the minister responsible for Cape Breton Development Corporation may, by order, give such directions as they deem necessary to give effect to the intent of this section, and any such directions have the force of law. Transfer of property (5) For greater certainty, the administration and control of all property that, on the coming into force of this section, is held by or leased to the Cape Breton Development Corporation for the use or benefit of the continued corporation are transferred to the new corporation. Certain provisions not to apply (6) Sections 90, 91 and 99 of the Financial Administration Act do not apply in respect of any transfer of assets, including shares, from the Cape Breton Development Corporation to the new corporation under or pursuant to this Part, and section 91 of that Act does not apply in respect of any acquisition by the new corporation of those assets.
Carriage by Air Act — C-26 1
Short title 1 This Act may be cited as the Carriage by Air Act . R.S., c. C-14, s. 1
Carriage by Air Act — C-26 1.1
Definition of “party” 1.1 (1) In this Act, party includes a High Contracting Party, as defined in Article 40A of the Convention set out in Schedule I. Interpretation (2) For the purposes of this Act, any reference to “agent” in the English version of Schedule I shall be read as a reference to “servant or agent”. 1999, c. 21, s. 1
Carriage by Air Act — C-26 3
Jurisdiction of Canadian courts 3 (1) Every party to the Convention set out in Schedule I that has not availed itself of the provisions of the Additional Protocol set out in that Schedule is, for the purposes of any action brought in a court in Canada in accordance with the provisions of Article 28 of that Schedule to enforce a claim in respect of carriage undertaken by it, deemed to have explicitly submitted to the jurisdiction of that court under paragraph 4(2)(a) of the State Immunity Act . Jurisdiction of Canadian courts (2) Except to the extent of a declaration made by a party under the Convention set out in Schedule VI, every party to that Convention is, for the purposes of any action brought in a court in Canada in accordance with the provisions of Article 33 of that Schedule to enforce a claim in respect of carriage undertaken by it, deemed to have explicitly submitted to the jurisdiction of that court under paragraph 4(2)(a) of the State Immunity Act . R.S., 1985, c. C-26, s. 3; 1999, c. 21, s. 3; 2001, c. 31, s. 3
Carriage by Air Act — C-26 4
Orders and regulations 4 The Governor in Council may make orders or regulations applying the provisions of Schedule I, V or VI and any provision of section 2 to any carriage by air, not being international carriage as defined in Schedule I, that may be specified in the order or regulations, subject to any exceptions, adaptations and modifications so specified. R.S., 1985, c. C-26, s. 4; 1999, c. 21, s. 3; 2001, c. 31, s. 4
Carriage by Air Act — C-26 5
References to Schedule I 5 In this Act, except subsections 1.1(2) and 2(1) to (4), a reference to Schedule I or to any of its provisions shall be read as if for the provisions of the Convention set out in Schedule I there were substituted the provisions of the Convention (a) as amended by the Protocol set out in Schedule III or by the Protocols set out in Schedules III and IV in relation to any carriage by air to which the Convention as amended by that Protocol or those Protocols applies; or (b) as amended by the Protocols set out in Schedules III and IV in relation to any carriage by air, not being international carriage as defined in Schedule I, to which that Schedule or any provision of section 2 applies. R.S., 1985, c. C-26, s. 5; 1999, c. 21, s. 3
Carriage by Air Act — C-26
Convention for the Unification of Certain Rules Relating to International Carriage by Air. Signed at Warsaw, October 12, 1929
Carriage by Air Act — C-26
The President of the German Reich, the Federal President of the Republic of Austria, His Majesty the King of the Belgians, the President of the United States of Brazil, His Majesty the King of the Bulgarians, the President of the National Government of the Republic of China, His Majesty the King of Denmark and Iceland, His Majesty the King of Egypt, His Majesty the King of Spain, the Chief of State of the Republic of Estonia, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, the President of the Hellenic Republic, His Most Serene Highness the Regent of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Latvia, Her Royal Highness the Grand Duchess of Luxemburg, the President of the United States of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Poland, His Majesty the King of Roumania, His Majesty the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic, the Central Executive Committee of the Union of the Soviet Socialist Republics, the President of the United States of Venezuela, His Majesty the King of Yugoslavia;
Carriage by Air Act — C-26
Having recognized the advantage of regulating in a uniform manner the conditions of international carriage by air in respect of the documents to be used for such carriage and of the liability of the carrier, have nominated to this end their respective Plenipotentiaries, who, being thereto duly authorized, have concluded and signed the following convention: —
Carriage by Air Act — C-26 (1)
(1) This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
Carriage by Air Act — C-26 (2)
(2) For the purposes of this Convention the expression “international carriage” means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention .
Carriage by Air Act — C-26 (3)
(3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party .
Carriage by Air Act — C-26
[Note: The paragraphs of the Convention shown in italics were deleted and replaced (except in the case of paragraph (2) of Article 20) by the Protocol set out in Schedule III, infra .]
Carriage by Air Act — C-26 (1)
(1) This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.
Carriage by Air Act — C-26 (2)
(2) This Convention does not apply to carriage performed under the terms of any international postal Convention .
Carriage by Air Act — C-26 (1)
(1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars : (a) the place and date of issue ; (b) the place of departure and of destination ; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character ; (d) the name and address of the carrier or carriers ; (e) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26 (b)
(b) the place of departure and of destination ;
Carriage by Air Act — C-26 (c)
(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character ;
Carriage by Air Act — C-26 (d)
(d) the name and address of the carrier or carriers ;
Carriage by Air Act — C-26 (e)
(e) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26 (2)
(2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability .
Carriage by Air Act — C-26 (1)
(1) For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check .
Carriage by Air Act — C-26 (2)
(2) The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier .
Carriage by Air Act — C-26 (3)
(3) The baggage check shall contain the following particulars : (a) the place and date of issue ; (b) the place of departure and of destination ; (c) the name and address of the carrier or carriers ; (d) the number of the passenger ticket ; (e) a statement that delivery of the baggage will be made to the bearer of the baggage check ; (f) the number and weight of the packages ; (g) the amount of the value declared in accordance with Article 22(2) ; (h) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26 (c)
(c) the name and address of the carrier or carriers ;
Carriage by Air Act — C-26 (d)
(d) the number of the passenger ticket ;
Carriage by Air Act — C-26 (e)
(e) a statement that delivery of the baggage will be made to the bearer of the baggage check ;
Carriage by Air Act — C-26 (f)
(f) the number and weight of the packages ;
Carriage by Air Act — C-26 (g)
(g) the amount of the value declared in accordance with Article 22(2) ;
Carriage by Air Act — C-26 (h)
(h) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26 (4)
(4) The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (3)(d), (f) and (h), the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability .
Carriage by Air Act — C-26 (1)
(1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.
Carriage by Air Act — C-26 (2)
(2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.
Carriage by Air Act — C-26 (1)
(1) The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo.
Carriage by Air Act — C-26 (2)
(2) The first part shall be marked “for the carrier”, and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.
Carriage by Air Act — C-26 (3)
(3) The carrier shall sign on acceptance of the cargo .
Carriage by Air Act — C-26 (4)
(4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped.
Carriage by Air Act — C-26 (5)
(5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
Carriage by Air Act — C-26
The carrier of cargo has the right to require the consignor to make out separate air waybills when there is more than one package.
Carriage by Air Act — C-26 (a)
The air waybill shall contain the following particulars : (a) the place and date of its execution ; (b) the place of departure and of destination ; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character ; (d) the name and address of the consignor ; (e) the name and address of the first carrier ; (f) the name and address of the consignee, if the case so requires ; (g) the nature of the cargo ; (h) the number of the packages, the method of packing and the particular marks or numbers upon them ; (i) the weight, the quantity and the volume or dimensions of the cargo ; (j) the apparent condition of the cargo and of the packing ; (k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it ; (l) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred ; (m) the amount of the value declared in accordance with Article 22(2) ; (n) the number of parts of the air waybill ; (o) the documents handed to the carrier to accompany the air waybill ; (p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon ; (q) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26 (a)
(a) the place and date of its execution ;
Carriage by Air Act — C-26 (c)
(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character ;
Carriage by Air Act — C-26 (d)
(d) the name and address of the consignor ;
Carriage by Air Act — C-26 (e)
(e) the name and address of the first carrier ;
Carriage by Air Act — C-26 (f)
(f) the name and address of the consignee, if the case so requires ;
Carriage by Air Act — C-26 (h)
(h) the number of the packages, the method of packing and the particular marks or numbers upon them ;
Carriage by Air Act — C-26 (i)
(i) the weight, the quantity and the volume or dimensions of the cargo ;
Carriage by Air Act — C-26 (j)
(j) the apparent condition of the cargo and of the packing ;
Carriage by Air Act — C-26 (k)
(k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it ;
Carriage by Air Act — C-26 (l)
(l) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred ;
Carriage by Air Act — C-26 (m)
(m) the amount of the value declared in accordance with Article 22(2) ;
Carriage by Air Act — C-26 (n)
(n) the number of parts of the air waybill ;
Carriage by Air Act — C-26 (o)
(o) the documents handed to the carrier to accompany the air waybill ;
Carriage by Air Act — C-26 (p)
(p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon ;
Carriage by Air Act — C-26 (q)
(q) a statement that the carriage is subject to the rules relating to liability established by this Convention .
Carriage by Air Act — C-26
If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability.
Carriage by Air Act — C-26 (1)
(1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.
Carriage by Air Act — C-26 (2)
(2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements .
Carriage by Air Act — C-26 (1)
(1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.
Carriage by Air Act — C-26 (2)
(2) The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.
Carriage by Air Act — C-26 (1)
(1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.
Carriage by Air Act — C-26 (2)
(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.
Carriage by Air Act — C-26 (3)
(3) If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.
Carriage by Air Act — C-26 (4)
(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.
Carriage by Air Act — C-26 (1)
(1) Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.
Carriage by Air Act — C-26 (2)
(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.
Carriage by Air Act — C-26 (3)
(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
Carriage by Air Act — C-26
The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.
Carriage by Air Act — C-26 (1)
(1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.
Carriage by Air Act — C-26 (2)
(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.
Carriage by Air Act — C-26
[Note: A new paragraph numbered as paragraph (3) was added by Article IX of the Protocol set out in Schedule III, infra .]
Carriage by Air Act — C-26 (1)
(1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents.
Carriage by Air Act — C-26 (2)
(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.
Carriage by Air Act — C-26
The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Carriage by Air Act — C-26 (1)
(1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.
Carriage by Air Act — C-26 (2)
(2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.