GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Carriage by Air Act — C-26 (3)
(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.
Carriage by Air Act — C-26
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Carriage by Air Act — C-26 (1)
(1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.
Carriage by Air Act — C-26 (2)
(2) In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage.
Carriage by Air Act — C-26
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.
Carriage by Air Act — C-26 (1)
(1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seized of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability .
Carriage by Air Act — C-26 (2)
(2) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery .
Carriage by Air Act — C-26 (3)
(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger .
Carriage by Air Act — C-26 (4)
(4) The sums mentioned above shall be deemed to refer to the French franc consisting of 65The sums mentioned above shall be deemed to refer to the French franc consisting of 65
½
milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figuresThe sums mentioned above shall be deemed to refer to the French franc consisting of 65
½
  milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures .
Carriage by Air Act — C-26
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention 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 Convention.
Carriage by Air Act — C-26
[Note: This provision was renumbered as paragraph (1) and another provision added as paragraph (2) by Article XII of the Protocol set out in Schedule III, infra .]
Carriage by Air Act — C-26 (1)
(1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.
Carriage by Air Act — C-26 (2)
(2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are persons who have the right to bring suit and what are their respective rights.
Carriage by Air Act — C-26 (1)
(1) The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seized of the case, is considered to be equivalent to wilful misconduct .
Carriage by Air Act — C-26 (2)
(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment .
Carriage by Air Act — C-26
[Note: A new article numbered as Article 25A was added by Article XIV of the Protocol set out in Schedule III, infra .]
Carriage by Air Act — C-26 (1)
(1) Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage.
Carriage by Air Act — C-26 (2)
(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of baggage and seven days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo has been placed at his disposal .
Carriage by Air Act — C-26 (3)
(3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.
Carriage by Air Act — C-26 (4)
(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.
Carriage by Air Act — C-26
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.
Carriage by Air Act — C-26 (1)
(1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination.
Carriage by Air Act — C-26 (2)
(2) Questions of procedure shall be governed by the law of the Court seized of the case.
Carriage by Air Act — C-26 (1)
(1) The right to damages shall be extinguished if an action is not brought within 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 the period of limitation shall be determined by the law of the Court seized 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 the third paragraph of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.
Carriage by Air Act — C-26 (2)
(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who 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 who 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 (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 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
Any clause contained in the contract 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. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.
Carriage by Air Act — C-26
Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.
Carriage by Air Act — C-26
This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business .
Carriage by Air Act — C-26
The expression “days” when used in this Convention means current days not working days.
Carriage by Air Act — C-26
The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.
Carriage by Air Act — C-26 (1)
(1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.
Carriage by Air Act — C-26 (2)
(2) As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.
Carriage by Air Act — C-26 (3)
(3) It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.
Carriage by Air Act — C-26 (1)
(1) This Convention shall, after it has come into force, remain open for accession by any State.
Carriage by Air Act — C-26 (2)
(2) The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.
Carriage by Air Act — C-26 (3)
(3) The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.
Carriage by Air Act — C-26 (1)
(1) Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.
Carriage by Air Act — C-26 (2)
(2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the party who shall have proceeded to denunciation.
Carriage by Air Act — C-26 (1)
(1) Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty.
Carriage by Air Act — C-26 (2)
(2) Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.
Carriage by Air Act — C-26 (3)
(3) Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.
Carriage by Air Act — C-26
[Note: A new article numbered as Article 40A was added by Article XVII of the Protocol set out in Schedule III, infra .]
Carriage by Air Act — C-26
Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.
Carriage by Air Act — C-26
This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.
Carriage by Air Act — C-26
[Here follow the signatures on behalf of the Governments of Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Commonwealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania, Switzerland, Czechoslovakia, the Union of Soviet Socialist Republics, and Yugoslavia.]
Carriage by Air Act — C-26
The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.
Carriage by Air Act — C-26
[This Additional Protocol was signed on behalf of the same countries as those above mentioned.]
Carriage by Air Act — C-26 1
1 The liability shall be enforceable for the benefit of such of the members of the passenger’s family as sustained damage by reason of the death of the passenger. In this paragraph, “member of the passenger’s family” means the passenger’s spouse or a person who was cohabiting with the passenger in a conjugal relationship for a period of at least one year immediately before the death of the passenger, a parent, step-parent, grandparent, brother, sister, child, adopted child, stepchild, grandchild, or any person for whom the passenger stood in the place of a parent.
Carriage by Air Act — C-26
In this paragraph, “member of the passenger’s family” means the passenger’s spouse or a person who was cohabiting with the passenger in a conjugal relationship for a period of at least one year immediately before the death of the passenger, a parent, step-parent, grandparent, brother, sister, child, adopted child, stepchild, grandchild, or any person for whom the passenger stood in the place of a parent.
Carriage by Air Act — C-26 2
2 An action to enforce the liability may be brought by (a) any person who, under the law in force in the province in which action is brought, is entitled to act or is recognized as the personal representative of the passenger; (b) any person for whose benefit the liability is, under paragraph 1, enforceable; or (c) any person who, under the law in force in the province in which action is brought, is entitled to act or is recognized as the representative for any one or more of the persons for whose benefit the liability is, under paragraph 1, enforceable.
Carriage by Air Act — C-26 (a)
(a) any person who, under the law in force in the province in which action is brought, is entitled to act or is recognized as the personal representative of the passenger;
Carriage by Air Act — C-26 (b)
(b) any person for whose benefit the liability is, under paragraph 1, enforceable; or
Carriage by Air Act — C-26 (c)
(c) any person who, under the law in force in the province in which action is brought, is entitled to act or is recognized as the representative for any one or more of the persons for whose benefit the liability is, under paragraph 1, enforceable.
Carriage by Air Act — C-26 3
3 The Court before which any action referred to in paragraph 2 is brought may, at any stage of the proceedings, make any orders that appear to the Court to be just and equitable in view of the provisions of Schedule I limiting the liability of a carrier and in view of any proceedings that may have been or are likely to be commenced in another province or outside Canada in respect of the death of the passenger in question and, without restricting the generality of the foregoing, the Court may (a) provide for representation of all interested persons; (b) stay proceedings, with a view to avoiding multiplicity of actions, whether within the province or elsewhere, in respect of the death of the passenger in question; and (c) divide the amount recovered, after deducting any costs not recovered from the defendant, between the persons entitled, in such proportion as the Court or, where the action is tried by a jury, the jury may direct.
Carriage by Air Act — C-26 (a)
(a) provide for representation of all interested persons;
Carriage by Air Act — C-26 (b)
(b) stay proceedings, with a view to avoiding multiplicity of actions, whether within the province or elsewhere, in respect of the death of the passenger in question; and
Carriage by Air Act — C-26 (c)
(c) divide the amount recovered, after deducting any costs not recovered from the defendant, between the persons entitled, in such proportion as the Court or, where the action is tried by a jury, the jury may direct.
Carriage by Air Act — C-26
Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929
Carriage by Air Act — C-26
Considering that it is desirable to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929,
Carriage by Air Act — C-26 (a)
In Article 1 of the Convention — (a) paragraph (2) shall be deleted and replaced by the following: “(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 the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.” (b) paragraph (3) shall be deleted and replaced by the following: “(3) 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 the territory of the same State.”
Carriage by Air Act — C-26 (a)
(a) paragraph (2) shall be deleted and replaced by the following: “(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 the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.”
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 the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.”
Carriage by Air Act — C-26 (b)
(b) paragraph (3) shall be deleted and replaced by the following: “(3) 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 the territory of the same State.”
Carriage by Air Act — C-26 “(3)
“(3) 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 the territory of the same State.”
Carriage by Air Act — C-26 “(2)
In Article 2 of the Convention — paragraph (2) shall be deleted and replaced by the following: “(2) This Convention shall not apply to carriage of mail and postal packages.”
Carriage by Air Act — C-26 “(2)
paragraph (2) shall be deleted and replaced by the following: “(2) This Convention shall not apply to carriage of mail and postal packages.”
Carriage by Air Act — C-26 “(2)
“(2) This Convention shall not apply to carriage of mail and postal packages.”