T-12, r. 6 - Regulation respecting the requirements for bills of lading

Schedule Disposition versions

2012-09-01

SCHEDULE 2

MINIMUM SPECIFICATIONS

I. CONDITIONS OF CARRIAGE

(1) Liability of carrier: The carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided.

(2) Liability of originating and delivering carriers: Where a shipment is accepted for carriage by connecting carriers, the carrier issuing the bill of lading, hereinafter called the originating carrier, and the carrier who assumes responsibility for delivery to the consignee, hereinafter called the delivering carrier, in addition to any other liability hereunder, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been transferred and from which liability the other carrier is not relieved.

(3) Recovery from connecting carrier: The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been transferred, the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder, resulting from loss or damage to the goods while they were in the custody of such other carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.

(4) Remedy by shipper or consignee: Nothing in section 2 or 3 deprives a shipper or a consignee of any rights he may have against any carrier.

(5) Exemptions from liability: The carrier shall not be liable for loss, damage or delay to any of the goods described in the bill of lading caused by superior force, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the shipper, owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural causes.

(6) Time: No carrier is bound to transport goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the bill of lading and signed by the parties thereto.

(7) Routing by carrier: In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed rental vehicle, the liability of the carrier is the same as though the entire carriage were by licensed rental vehicle.

(8) Stoppage in transit: Where goods are stopped and held in transit at the request of the party entitled to do so, the goods are held at the risk of that party.

(9) Valuation: Subject to section 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be computed on the basis of:

(a) the value of the goods at the time of shipment including the freight and other costs if paid; or

(b) where a value lower than that referred to in paragraph a has been represented in writing by the shipper or has been agreed upon, such lower value shall be the maximum liability.

(10) Maximum liability: The amount of any loss or damage computed in accordance with the provisions of paragraph a or b of section 9 must not exceed $4.41/kg, depending on the total weight of the shipment, unless the shipper has declared a higher value on the front of the bill of lading.

(11) Shipper’s risk: Where it is agreed that the goods are carried at the risk of the shipper of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligence to act or omission of the carrier, his agents or employees and the burden of proving absence of negligence shall be on the carrier.

(12) Notice of Claim:

(1) No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 60 days after the delivery of the goods, or, in the case of failure to make delivery, within 9 months from the date of shipment.

(2) The final statement of the claim must be filed within 9 months from the date of shipment together with a copy of the paid freight bill.

(13) Articles of extraordinary value: No carrier is bound to carry any documents, specie or any other articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed herein, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in section 10 above.

(14) Freight charges:

(1) If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery and, if upon inspection, it is ascertained that the goods shipped are not those described in the bill of lading, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.

(2) Freight charges are payable on delivery, unless otherwise specified by the shipper on the bill of lading.

(15) Dangerous goods: Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law, shall indemnify the carrier against all loss, damage or delay caused thereby, and such goods may be warehoused at the shipper’s risk and expense.

(16) Undelivered goods:

(1) where, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the shipper and consignee that delivery has not been made, and shall request disposal instructions.

(2) pending receipt of such disposal instructions:

(a) the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage; or

(b) provided that the carrier has notified the shipper of his intention, the goods may be removed to, and stored in public or licensed warehouse at the expense of the shipper without liability on the part of the carrier and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.

(17) Return of goods: Where notice has been given by the carrier in accordance with paragraph 1 of section 16, and no disposal instructions have been received within 10 days from the date of such notice, the carrier may return to the shipper, at the shipper’s expense all undelivered shipments for which such notice has been given.

(18) Alterations: Subject to section 19, any limitation on the carrier’s liability on the bill of lading, and any alteration, or addition or erasure in the bill of lading shall be signed or initialled by the shipper or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.

(19) Weights: It shall be the responsibility of the shipper to show correct shipping weights of the shipment on the bill of lading. Where the actual weight of the shipment does not agree with the weight shown on the bill of lading, the weight shown thereon is subject to correction by the carrier.

(20) C.O.D. shipments:

A carrier shall not deliver a C.O.D. shipment unless payment is received in full.

The charge for collecting and remitting the amount of C.O.D. bills for C.O.D. shipments must be collected from the consignee unless the shipper has otherwise so indicated and instructed on the bill of lading.

A carrier shall remit all C.O.D. monies to the shipper or his agent within 15 days after collection.

A carrier shall keep all C.O.D. monies separate from the other revenues and funds of his business in a separate trust fund or account.

A carrier shall include as a separate item in his tariff of rates the charges for collecting and remitting money paid by consignees.

II. OTHER SPECIFICATIONS

(21) All other specifications agreed to by the parties shall be indicated on the bill of lading.

O.C. 1198-99, Sch. 2.