Bill S-23
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SUMMARY |
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These amendments implement Montreal Protocol No. 4 and the
Guadalajara Supplementary Convention. These international
agreements amend and supplement, respectively, the Warsaw
Convention for the Unification of Certain Rules Relating to
International Carriage by Air, which establishes the documentary
requirements and liability regime for international air transportation.
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Montreal Protocol No. 4 simplifies cargo documentation, authorizes
its transmission by electronic means, and amends the cargo liability
regime. The Guadalajara Supplementary Convention extends the rules
of the Warsaw Convention to carriage performed by a carrier other than
the one with whom the passenger or shipper entered into a contract.
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EXPLANATORY NOTES |
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Carriage by Air Act |
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Clause 1: New.
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Clause 2: (1) Subsections 2(1) to (4) read as follows:
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2. (1) The provisions of the Convention set out in Schedule I, in so
far as they relate to the rights and liabilities of carriers, passengers,
consignors, consignees and other persons and subject to this section,
have the force of law in Canada in relation to any carriage by air to
which the Convention applies, irrespective of the nationality of the
aircraft performing that carriage.
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(2) Subject to this section, the provisions of the Convention set out
in Schedule I, as amended by the Protocol set out in Schedule III, in so
far as they relate to the rights and liabilities of carriers, passengers,
consignors, consignees and other persons, have the force of law in
Canada in relation to any carriage by air to which the Convention as so
amended applies, irrespective of the nationality of the aircraft
performing that carriage.
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(3) The Governor in Council may from time to time, by proclamation
published in the Canada Gazette, certify who are the High Contracting
Parties to the Convention, in respect of what territories they are
respectively parties, to what extent they have availed themselves of the
Additional Protocol to the Convention and who are the parties to the
Protocol set out in Schedule III, and any such proclamation is, except
in so far as it has been superseded by a subsequent proclamation,
conclusive evidence of the matters so certified.
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(4) Any reference in Schedule I to the territory of any High
Contracting Party to the Convention shall be construed as a reference
to the territories subject to his sovereignty, suzerainty, mandate or
authority, in respect of which he is a party.
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(2) New.
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Clause 3: Sections 3 to 6 read as follows:
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3. Every High Contracting Party to the Convention who has not
availed himself of the provisions of the Additional Protocol thereto
shall, for the purposes of any action brought in a court in Canada in
accordance with the provisions of Article 28 of Schedule I to enforce a
claim in respect of carriage undertaken by him, be deemed to have
submitted to the jurisdiction of that court and, accordingly, rules of court
may provide for the manner in which any such action is to be
commenced and carried on, but nothing in this section authorizes the
issue of execution against the property of any High Contracting Party.
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4. The Governor in Council may make orders or regulations
applying the provisions of Schedule I and any provision of section 2 to
such carriage by air, not being international carriage by air as defined
in Schedule I, as may be specified in the order or regulations, but subject
to exceptions, adaptations and modifications, if any, so specified.
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5. For the avoidance of doubt, references to agents in Schedule I
include references to servants.
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6. In this Act, except subsections 2(1) to (4), a reference to Schedule
I or to any article or provision thereof shall,
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be read as if for the provisions of the Convention set out in Schedule I
there were substituted the provisions of the Convention as amended by
the Protocol set out in Schedule III, and a reference to ``international
carriage by air as defined in Schedule I'' shall be read as a reference to
international carriage as defined in Schedule I or in the Convention as
amended by the Protocol set out in Schedule III.
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Clause 4: New.
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