Assented to 2001-12-18
An Act to amend the Carriage by Air Act
This enactment implements in Canada the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal in 1999 (the “Montreal Convention”). The Montreal Convention consolidates and modernizes the rules of the Warsaw Convention and associated documents. It provides for unlimited liability for damages in the case of death or injury to passengers arising out of accidents during international air carriage, simplifies ticketing requirements, provides for electronic documentation and establishes a new jurisdiction that will allow most passengers to bring actions in the place of their domicile.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:R.S., c. C-26
2. (1) Section 2 of the Act is amended by adding the following after subsection (2):
Marginal note:Implementing Convention
(2.1) Subject to this section, the provisions of the Convention set out in Schedule VI, in so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, have the force of law in Canada in relation to any carriage by air to which the provisions apply, irrespective of the nationality of the aircraft performing that carriage.
Marginal note:1999, c. 21, s. 2(1)
(2) Subsection 2(3) of the Act is replaced by the following:
Marginal note:Proclamation by Governor in Council
(3) The Governor in Council may from time to time, by proclamation published in the Canada Gazette, certify who are the parties to any convention or protocol set out in a schedule to this Act, in respect of what territories they are respectively parties, to what extent they have availed themselves of the Additional Protocol to the Convention set out in Schedule I, which of those parties have made a declaration under the Protocol set out in Schedule III or IV and which of those parties have made a declaration under the Convention set out in Schedule VI.
(3) Subsection 2(5) of the Act is replaced by the following:
Marginal note:Liability under Convention for death of passenger
(5) Any liability imposed by Article 17 of Schedule I or Article 17 of Schedule VI on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any law in force in Canada, and the provisions set out in Schedule II shall have effect with respect to the persons by whom and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.
Marginal note:1999, c. 21, s. 3
3. Section 3 of the Act is renumbered as subsection 3(1) and is amended by adding the following:
Marginal note: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.
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