Bill S-33
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SUMMARY |
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This enactment implements in Canada the Convention for the
Unification of Certain Rules for International Carriage by Air signed at
Montreal in 1999 (the ``Montreal Convention''). The Montreal
Convention consolidates and modernizes the rules of the Warsaw
Convention and associated documents. It provides for unlimited
liability for damages in the case of death or injury to passengers arising
out of accidents during international air carriage, simplifies ticketing
requirements, provides for electronic documentation and establishes a
new jurisdiction that will allow most passengers to bring actions in the
place of their domicile.
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EXPLANATORY NOTES |
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Clause 1: The long title reads as follows:
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An Act to give effect to a Convention for the Unification of Certain
Rules Relating to International Carriage by Air
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Clause 2: (1) New.
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(2) Subsection 2(3) reads as follows:
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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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(3) Subsection 2(5) reads as follows:
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(5) Any liability imposed by Article 17 of Schedule I 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.
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Clause 3: New.
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Clause 4: Section 4 reads as follows:
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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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Clause 5: New.
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