Appendix A: Carriage by Air Act

• Author: John D. Holding
• Pages: 71-160

Appendix A: Carriage by Air Act,*

R.S. 1985, c. C-26

CHAPTER C-26

An Act to give effect to certain conventions for the unification of

certain rules relating to international carriage by air

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

R.S. 1970, c. C-14, s. 1.

Definition of

“party” 1.1 (1) In this Act, “party” includes a High Con-

tracting Party, as defined in Article 40A of the Conven-

tion set out in Schedule I.

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”.

1999, c. 21, s. 1.

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 car-

riage by air to which the provisions apply, irrespective of

the nationality of the aircraft performing that carriage.

[71]

* Source: Department of Justice Canada

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 rela-

tion to any carriage by air to which the provisions

apply, irrespective of the nationality of the aircraft per-

forming that carriage.

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, con-

signees 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.

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 Con-

vention set out in Schedule VI.

Reference to

territories (4) Any reference in Schedule I to the territory of

any party shall be construed as a reference to the terri-

tories subject to its sovereignty, suzerainty, mandate or

authority, in respect of which it is a party.

Canadian Manual of International Air Carriage

[72]

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.

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.

Conversion of

francs or SDRs

into dollars

(7) For the purposes of subsection (6), the Cana-

dian 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.

R.S., 1985, c. C-26, s. 2; 1999, c. 21, s. 2; 2001, c. 31, s. 2.

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

Appendix A: Carriage by Air Act [73]