GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Carriage by Air Act — C-26 2
2 In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph 1 of this Article, or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.
Carriage by Air Act — C-26 3
3 For the purposes of paragraph 2, (a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air; (b) “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.
Carriage by Air Act — C-26 (a)
(a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;
Carriage by Air Act — C-26 (b)
(b) “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.
Carriage by Air Act — C-26 4
4 Questions of procedure shall be governed by the law of the court seised of the case.
Carriage by Air Act — C-26 1
1 Subject to the provisions of this Article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.
Carriage by Air Act — C-26 2
2 The arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in Article 33.
Carriage by Air Act — C-26 3
3 The arbitrator or arbitration tribunal shall apply the provisions of this Convention.
Carriage by Air Act — C-26 4
4 The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.
Carriage by Air Act — C-26 1
1 The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
Carriage by Air Act — C-26 2
2 The method of calculating that period shall be determined by the law of the court seised of the case.
Carriage by Air Act — C-26 1
1 In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.
Carriage by Air Act — C-26 2
2 In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.
Carriage by Air Act — C-26 3
3 As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.
Carriage by Air Act — C-26
Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.
Carriage by Air Act — C-26 1
1 In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph 4 of Article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.
Carriage by Air Act — C-26 2
2 Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.
Carriage by Air Act — C-26
The provisions of this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.
Carriage by Air Act — C-26
If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.
Carriage by Air Act — C-26 1
1 The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.
Carriage by Air Act — C-26 2
2 The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.
Carriage by Air Act — C-26
Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.
Carriage by Air Act — C-26
In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.
Carriage by Air Act — C-26
In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.
Carriage by Air Act — C-26
Any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.
Carriage by Air Act — C-26
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.
Carriage by Air Act — C-26
Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.
Carriage by Air Act — C-26
Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.
Carriage by Air Act — C-26
States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the State Party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.
Carriage by Air Act — C-26
The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier's business.
Carriage by Air Act — C-26
The expression “days” when used in this Convention means calendar days, not working days.
Carriage by Air Act — C-26 1
1 This Convention shall be open for signature in Montreal on 28 May 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.
Carriage by Air Act — C-26 2
2 This Convention shall similarly be open for signature by Regional Economic Integration Organisations. For the purpose of this Convention, a “Regional Economic Integration Organisation” means any organisation which is constituted by sovereign States of a given region which has competence in respect of certain matters governed by this Convention and has been duly authorized to sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or “States Parties” in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1(b) of Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies equally to a Regional Economic Integration Organisation. For the purpose of Article 24, the references to “a majority of the States Parties” and “one-third of the States Parties” shall not apply to a Regional Economic Integration Organisation.
Carriage by Air Act — C-26 3
3 This Convention shall be subject to ratification by States and by Regional Economic Integration Organisations which have signed it.
Carriage by Air Act — C-26 4
4 Any State or Regional Economic Integration Organisation which does not sign this Convention may accept, approve or accede to it at any time.
Carriage by Air Act — C-26 5
5 Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary.
Carriage by Air Act — C-26 6
6 This Convention shall enter into force on the sixtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic Integration Organisation shall not be counted for the purpose of this paragraph.
Carriage by Air Act — C-26 7
7 For other States and for other Regional Economic Integration Organisations, this Convention shall take effect sixty days following the date of deposit of the instrument of ratification, acceptance, approval or accession.
Carriage by Air Act — C-26 8
8 The Depositary shall promptly notify all signatories and States Parties of: (a) each signature of this Convention and date thereof; (b) each deposit of an instrument of ratification, acceptance, approval or accession and date thereof; (c) the date of entry into force of this Convention; (d) the date of the coming into force of any revision of the limits of liability established under this Convention; (e) any denunciation under Article 54.
Carriage by Air Act — C-26 (a)
(a) each signature of this Convention and date thereof;
Carriage by Air Act — C-26 (b)
(b) each deposit of an instrument of ratification, acceptance, approval or accession and date thereof;
Carriage by Air Act — C-26 (c)
(c) the date of entry into force of this Convention;
Carriage by Air Act — C-26 (d)
(d) the date of the coming into force of any revision of the limits of liability established under this Convention;
Carriage by Air Act — C-26 1
1 Any State Party may denounce this Convention by written notification to the Depositary.
Carriage by Air Act — C-26 2
2 Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary.
Carriage by Air Act — C-26
This Convention shall prevail over any rules which apply to international carriage by air:
Carriage by Air Act — C-26 1
1 between States Parties to this Convention by virtue of those States commonly being Party to (a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention); (b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 , Done at The Hague on 28 September 1955 (hereinafter called The Hague Protocol); (c) the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other Than the Contracting Carrier , signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention); (d) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955 Signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol); (e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol Signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or
Carriage by Air Act — C-26 (a)
(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention);
Carriage by Air Act — C-26 (b)
(b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 , Done at The Hague on 28 September 1955 (hereinafter called The Hague Protocol);
Carriage by Air Act — C-26 (c)
(c) the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other Than the Contracting Carrier , signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention);
Carriage by Air Act — C-26 (d)
(d) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955 Signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol);
Carriage by Air Act — C-26 (e)
(e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol Signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or
Carriage by Air Act — C-26 2
2 within the territory of any single State Party to this Convention by virtue of that State being Party to one or more of the instruments referred to in sub-paragraphs (a) to (e) above.
Carriage by Air Act — C-26 1
1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Carriage by Air Act — C-26 2
2 Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.
Carriage by Air Act — C-26 3
3 In relation to a State Party which has made such a declaration: (a) references in Article 23 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State; and (b) the reference in Article 28 to “national law” shall be construed as referring to the law of the relevant territorial unit of that State.
Carriage by Air Act — C-26 (a)
(a) references in Article 23 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State; and
Carriage by Air Act — C-26 (b)
(b) the reference in Article 28 to “national law” shall be construed as referring to the law of the relevant territorial unit of that State.
Carriage by Air Act — C-26 (a)
No reservation may be made to this Convention except that a State Party may at any time declare by a notification addressed to the Depositary that this Convention shall not apply to: (a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or (b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.
Carriage by Air Act — C-26 (a)
(a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or
Carriage by Air Act — C-26 (b)
(b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.
Carriage by Air Act — C-26
DONE at Montreal on the 28th day of May of the year one thousand nine hundred and ninety-nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Depositary to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, The Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol, and the Montreal Protocols.
Caughnawaga Indian Reserve Act — C-27.2 Preamble R.S., 1886, c. 44; R.S., 1927, c. 98 R.S., 1886, c. 43
Preamble R.S., 1886, c. 44; R.S., 1927, c. 98 R.S., 1886, c. 43
Caughnawaga Indian Reserve Act — C-27.2
WHEREAS by Order in Council of the fifth March, 1889 (P.C. 466), the provisions of The Indian Advancement Act , being chapter forty-four of the Revised Statutes of Canada, 1886, were applied to the Iroquois Indians of Caughnawaga in the province of Quebec, and, for the purpose of giving effect to the application of the said Act, the reserve at Caughnawaga was designated the Caughnawaga Indian Reserve, and was divided into six sections, as therein set out; and whereas by Order in Council of the 12th July, 1906 (P.C. 1419), in the purported exercise of the powers conferred by section four of The Indian Advancement Act , as enacted by section one of chapter thirty of the statutes of 1890, it was provided that the division of the Caughnawaga Indian Reserve into sections be done away with, and that the said reserve be comprised in one section; and whereas it appears that there was no provision of The Indian Act or of any other statute authorizing the making of the last mentioned Order in Council, and that the same was and is, therefore, void and of no effect; and whereas it is expedient that anything duly done or suffered pursuant to the provisions of the said last mentioned Order in Council be validated, and that provision be made for again dividing the reserve into six sections: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Caughnawaga Indian Reserve Act — C-27.2 1
Acts and proceedings validated 1 All acts committed, proceedings taken or things done or suffered under or pursuant to the provisions of the said Order in Council of the 12th July, 1906 (P.C. 1419), are hereby declared to have been valid and effective to all intents and purposes as if the said Order in Council had been lawfully made.
Celebrating Canada’s Seniors Act — C-27.4 Preamble
Preamble Whereas Parliament wishes to acknowledge the contribution of seniors to Canadian society and to the Canadian economy;
Celebrating Canada’s Seniors Act — C-27.4
Whereas seniors contribute in many ways, including by sharing their experiences, expertise and knowledge with other generations;
Celebrating Canada’s Seniors Act — C-27.4
Whereas the contribution of seniors is invaluable and ongoing;
Celebrating Canada’s Seniors Act — C-27.4
And whereas October 1 is recognized as the International Day of Older Persons;
Celebrating Canada’s Seniors Act — C-27.4
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Celebrating Canada’s Seniors Act — C-27.4 1
Short title 1 This Act may be cited as the Celebrating Canada’s Seniors Act .
Celebrating Canada’s Seniors Act — C-27.4 2
Designation 2 Throughout Canada, in each year, October 1 is to be known as National Seniors Day.
Celebrating Canada’s Seniors Act — C-27.4 3
Not holiday or non-juridical day 3 For greater certainty, National Seniors Day is not a holiday or a non-juridical day.
Centennial Flame Research Award Act — C-27.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Centennial Flame Research Award Act — C-27.5 1
Short title 1 This Act may be cited as the Centennial Flame Research Award Act .