Bill S-33
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49-50 ELIZABETH II |
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CHAPTER 31 |
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An Act to amend the Carriage by Air Act
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[Assented to 18th December, 2001]
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| R.S., c. C-26
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1. The long title of the Carriage by Air Act
is replaced by the following:
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An Act to give effect to certain conventions
for the unification of certain rules
relating to international carriage by air
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2. (1) Section 2 of the Act is amended by
adding the following after subsection (2):
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| Implementing
Convention
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(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, 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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| 1999, c. 21,
s. 2(1)
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(2) Subsection 2(3) of the Act is replaced
by the following:
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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, 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
Convention set out in Schedule VI.
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(3) Subsection 2(5) of the Act is replaced
by the following:
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| Liability
under
Convention
for death of
passenger
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(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.
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| 1999, c. 21,
s. 3
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3. Section 3 of the Act is renumbered as
subsection 3(1) and is amended by adding
the following:
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| Jurisdiction of
Canadian
courts
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(2) Except to the extent of a declaration
made by a party under the Convention set out
in Schedule VI, every party to that Convention
is, for the purposes of any action brought in a
court in Canada in accordance with the
provisions of Article 33 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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| 1999, c. 21,
s. 3
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4. Section 4 of the Act is replaced by the
following:
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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, V or VI 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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5. The Act is amended by adding, after
Schedule V, the schedule set out in the
schedule to this Act.
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| Coming into
force
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6. This Act comes into force on a day to be
fixed by order of the Governor in Council.
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