Bill S-23
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The Senate of Canada
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BILL S-23 |
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An Act to amend the Carriage by Air Act to
give effect to a Protocol to amend the
Convention for the Unification of
Certain Rules Relating to International
Carriage by Air and to give effect to the
Convention, Supplementary to the
Warsaw Convention, for the Unification
of Certain Rules Relating to International
Carriage by Air Performed by a Person
Other than the Contracting Carrier
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| R.S., c. C-26
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1. The Carriage by Air Act is amended by
adding the following after section 1:
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| Definition of
``party''
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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.
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| Interpreta- tion
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(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''.
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2. (1) Subsections 2(1) to (4) of the Act are
replaced by the following:
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| Implement- ing Conventions
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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.
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| Implement- ing amendments to Convention
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(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.
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| Proclamation
by Governor
in Council
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(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 and which of those parties
have made a declaration under the Protocol set
out in Schedule III or IV.
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| Reference to
territories
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(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.
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(2) Section 2 of the Act is amended by
adding the following after subsection (6):
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| Conversion of
francs or
SDRs into
dollars
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(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
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3. Sections 3 to 6 of the Act are replaced
by the following:
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| Jurisdiction of
Canadian
courts
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3. 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 .
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| Orders and
regulations
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4. The Governor in Council may make
orders or regulations applying the provisions
of Schedule I or V 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.
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| References to
Schedule I
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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
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4. The Act is amended by adding, after
Schedule III, the schedules set out in the
schedule to this Act.
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| Coming into
force
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5. This Act comes into force 120 days
after the day on which it receives royal
assent.
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