Carriage by Air Act (R.S.C., 1985, c. C-26)

Marginal note:Short title

1 This Act may be cited as the Carriage by Air Act.

Marginal note: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.

• Marginal note: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”.

Marginal note:Implementing Conventions

• 2 (1) Subject to this section, the provisions of the Convention set out in Schedule I and of the Convention set out in Schedule V, 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:Implementing amendments to Convention

  (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 or by the Protocols set out in Schedules III and IV, 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: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: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.

• Marginal note:Reference to territories

  (4) Any reference in Schedule I to the territory of any party shall be construed as a reference to the territories subject to its sovereignty, suzerainty, mandate or authority, in respect of which it is a party.

• 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:Damages in francs to be converted into dollars

  (6) Any sum in francs mentioned in Article 22 of Schedule I shall, for the purposes of any action against a carrier, be converted into Canadian dollars at the rate of exchange prevailing on the date on which the amount of any damage to be paid by the carrier is ascertained by a court.

• Marginal note:Conversion of francs or SDRs into dollars

  (7) For the purposes of subsection (6), the Canadian dollar equivalents of francs or Special Drawing Rights, as defined in Article 22 of the Convention set out in Schedule I, are determined by

  • (a) converting francs into Special Drawing Rights at the rate of one Special Drawing Right for 15.075 francs; and

  • (b) converting Special Drawing Rights into Canadian dollars at the rate established by the International Monetary Fund.

Marginal note: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.

• 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.

Marginal note: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.

Marginal note: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.

6 [Repealed, 1999, c. 21, s. 3]