Conditions of carriage

1. Liability of carrier

The carrier of record and every carrier participating in the carriage is liable for any loss of or damage to the goods accepted by it, except as provided in these conditions, from the time the goods are received until they are delivered.

2. Liability of originating and delivering carriers

Where a shipment is accepted for carriage by more than one carrier, the originating carrier and the delivering carrier, in addition to the carrier in possession when the loss occurred, are liable for the loss or damage. A carrier that pays a claim may recover from the carrier in whose custody the loss occurred.

3. Remedy by consignor or consignee

The consignor or consignee may take action against either the originating or the delivering carrier. Judgment against one carrier is not a bar to action against another.

4. Exceptions from liability

The carrier is not liable for loss, damage or delay caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, an authority of law, quarantine, or differences in the weights of grain, seed or other commodities caused by natural shrinkage.

5. Delay

No carrier is bound to carry goods by a particular vehicle or in time for a particular market, or otherwise than with due dispatch, unless a guaranteed service was agreed in writing.

6. Routing by consignor

Where the consignor has directed the route, the carrier is not liable for loss, damage or delay that results from following that direction.

7. Stoppage in transit

Where goods are stopped and held in transit at the request of a party entitled to do so, the goods are held at the risk of that party.

8. Valuation

Subject to condition 9, the amount of any loss or damage is computed on the value of the goods at the place and time of shipment, including freight and other charges if paid, and duty if paid or payable and not refundable.

9. Maximum liability

The amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall not exceed $4.41 per kilogram ($2.00 per pound) computed on the total weight of the shipment, unless a higher value is declared on the face of the bill of lading by the consignor and the applicable declared-value charge is paid.

10. Consignor’s risk

Where it is agreed that the goods are carried at the risk of the consignor, that agreement covers only such risks as are necessarily incidental to transportation and does not relieve the carrier from liability for its negligence or that of its agents or employees.

11. Notice of claim

1. No carrier is liable for loss, damage or delay to any goods under the bill of lading unless notice setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed is given in writing to the originating or delivering carrier within 60 days after delivery of the goods or, in the case of failure to make delivery, within 9 months after the date of shipment.
2. The final statement of the claim must be filed within 9 months after the date of shipment, together with a copy of the paid freight bill.

12. Articles of extraordinary value

No carrier is bound to carry documents, specie or articles of extraordinary value unless by special agreement. Where such goods are carried without special agreement and their nature is not disclosed on the bill of lading, the carrier is not liable for loss or damage in excess of the maximum liability in condition 9.

13. Freight charges

1. Freight charges are payable by the party named as responsible on the bill of lading. Where the consignor stipulates that charges are to be paid by the consignee and the consignee fails to pay, the consignor remains liable.
2. Accessorial services performed at pickup or delivery that were not declared at booking are chargeable at the rates in effect, with proof of service.
3. The carrier has a lien on the goods for freight charges and may hold the goods until they are paid.

14. Dangerous goods

Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law is liable for and shall indemnify the carrier against all loss, damage or delay caused by them, and such goods may be warehoused at the consignor’s risk and expense.

15. Undelivered goods

1. Where, through no fault of the carrier, goods cannot be delivered, the carrier shall give notice to the consignor and consignee that delivery has not been made and shall request disposal instructions.
2. Pending instructions the goods may be stored in the carrier’s warehouse at the owner’s expense, or in a public warehouse at the owner’s expense and risk, subject to the carrier’s lien.
3. Where the goods are perishable or no instructions are received within a reasonable time, the carrier may sell the goods and apply the proceeds to the charges and the balance to the owner.

16. Alterations

Subject to condition 17, alterations to the bill of lading are without effect unless noted on the bill and signed or initialled by the carrier’s agent.

17. Weights

The carrier may weigh the goods and, where the actual weight differs from the declared weight, charges are computed on the actual weight.

18. Carrier’s lien

The carrier has a general lien on goods in its possession for all charges owed by the consignor or consignee, and may exercise it as the law allows.

Where a provincial regulation prescribes conditions for an intra-provincial shipment, those prescribed conditions prevail to the extent of any conflict.