R.R.O. 1990, Reg. 1086: CONDITIONS OF CARRIAGE - CARRIERS OF 01 41 - LIVESTOCK AND 01 92 - ANIMAL SPECIALTIES

Truck Transportation Act
Loi sur le camionnage

R.R.O. 1990, REGULATION 1086

Amended to O. Reg. 634/05

CONDITIONS OF CARRIAGE — CARRIERS OF 01 41 — LIVESTOCK AND 01 92 — ANIMAL SPECIALTIES

Note: This Regulation was revoked on January 1, 2006. See: O. Reg. 634/05, ss. 1, 2.

This Regulation is made in English only.

1. A bill of lading issued by a holder of an operating authority in respect of a shipment of 01 41-livestock or 01 92-animal specialties shall be identified by a numerical or alpha-numerical code and shall contain,

(a) the name of the consignor;

(b) the name and address of the consignee;

(c) the originating point of the shipment;

(d) the destination of the shipment;

(e) the date of the shipment;

(f) the name of the originating carrier issuing the bill of lading;

(g) the names of connecting carriers, if any;

(h) particulars of the goods;

(i) the gross weight of each shipment;

(j) a space to show the declared valuation of the shipment, if any;

(k) information as to whether the charges are prepaid or collect;

(l) a space to show the amount to be collected by the carrier on a C.O.D. shipment;

(m) if applicable, a statement, in conspicuous form, that the carrier’s liability is limited by a term or condition of the schedule of rates or by other agreement; and

(n) the words “at owner’s risk” where the shipment is at the owner’s risk. R.R.O. 1990, Reg. 1086, s. 1.

2. A waybill shall bear the same numerical or alpha-numerical identification code as the original bill of lading and shall show the name of the consignor, the name of the consignee, the originating point of shipment, the destination of the shipment, connecting carriers, if any, particulars of the goods and information as to whether the charges are prepaid or collect. R.R.O. 1990, Reg. 1086, s. 2.

3. The conditions set out in the Schedule shall be deemed to be a part of every contract for the carriage for compensation of 01 41-livestock and 01 92-animal specialties. R.R.O. 1990, Reg. 1086, s. 3.

SCHEDULE

1. Liability of Carrier

The carrier of the goods herein described is liable for any loss of or damage or injury to goods accepted by the carrier or the carrier’s agent except as hereinafter provided.

2. Liability of Originating Carrier

Where a shipment is accepted for carriage by more than one carrier, the carrier who issues the bill of lading (hereinafter called the originating carrier), in addition to any other liability here- under, is liable for any loss of or damage or injury to the goods while they are in the custody of any other carrier to whom the goods are delivered and the onus of proving that the loss, damage or injury was not caused or did not result while the goods were in the custody of another carrier to whom the goods were delivered is upon the originating carrier.

3. Recovery from Connecting Carriers

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 delivered the amount that the originating carrier or delivering carrier, as the case may be, is required to pay for the loss of or damage or injury to the goods while they were in the custody of such other carrier.

4. Remedy by Consignor or Consignee

Nothing in Article 2 or 3 deprives a consignor or consignee of any rights the consignor or consignee may have against any carrier.

5. Exceptions from Liability

The carrier shall not be liable for loss, damage, injury or delay to any of the goods described in the bill of lading caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect in the goods, an act or default of the consignor, owner or consignee, authority of law, quarantine or difference in weights of 01 41-livestock or 01 92-animal specialties by natural shrinkage.

6. Delay

No carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed on the bill of lading and signed by the parties.

7. Routing by Carrier

If the carrier forwards the goods by a conveyance that is not a public truck, the liability of the carrier is the same as though the entire carriage were by public truck.

8. Stoppage in Transit

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

9. Valuation

Subject to Article 10, the amount of any loss, injury or damage for which the carrier is liable, whether or not the loss, injury or damage results from negligence, shall be the lesser of,

i. the value of the goods at the place and time of shipment including the freight and other charges if paid, and

ii. $3.31 per kilogram computed on the total weight of the shipment.

10. Declared Value

If the consignor has declared a value of the goods on the face of the bill of lading, the amount of any loss, injury or damage for which the carrier is liable shall be or shall not exceed the declared value.

11. Consignor’s Risk

i. If it is agreed that the goods are carried at the risk of the consignor or owner of the goods, such agreement covers only such risks as are necessarily incidental to the carriage and the agreement does not relieve the carrier from liability for any loss or damage, injury or delay that results from the negligence of the carrier or the carrier’s agents or employees.

ii. The burden of proving absence of negligence shall be on the carrier.

12. Notice of Claim

No carrier is liable for loss, damage, injury 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, injury or delay is given in writing to the originating carrier or the delivering carrier within ninety days after delivery of the goods or, in the case of failure to make delivery, within ninety days after a reasonable time for delivery has elapsed.

13. Articles of Extraordinary Value

i. No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so.

ii. If such goods are carried without a special agreement and the nature of the goods is not disclosed on the bill of lading, the carrier shall not be liable for any loss, injury, damage or delay in excess of the maximum liability stipulated in Article 9.

14. Freight Charges

i. If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery.

ii. 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.

iii. If a consignor does not indicate that a shipment is to move prepaid, or does not indicate how the shipment is to move, it will automatically move on a collect basis.

15. Undelivered Goods

i. If, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that delivery cannot be made and shall request disposal instructions.

ii. Pending receipt of disposal instructions,

A. the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or

B. if the carrier has notified the consignor in writing of this intention, the goods may be removed to and stored in a public or licensed warehouse at the expense of the consignor, 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.

16. Alterations

Any limitation on the carrier’s liability on the bill of lading and any alteration to the bill of lading shall be signed or initialled by the consignor and the originating carrier or their agents and unless signed and initialled shall be without effect.

17. C.O.D. Shipments

i. A carrier shall clearly indicate, on the documents accompanying each C.O.D. shipment received and transported, the name and address of the consignor or other person designated as payee to whom the delivering carrier shall remit C.O.D. funds collected upon delivery of the shipment.

ii. A carrier shall keep all C.O.D. money in a trust fund account separate from the other revenues and funds of the carrier’s business.

iii. A carrier shall remit all C.O.D. money to the consignor or person designated by the consignor within fifteen days after collection.

iv. If a C.O.D. shipment is not delivered within ten days of its arrival at its destination, the carrier shall notify the consignor in writing giving reasons for the non-delivery and shall obtain instructions in writing for disposal of the shipment.

v. A carrier shall maintain a separate record of all C.O.D. shipments, collections and remittances and the records shall be produced when required for inspection by an officer of the Ministry.

R.R.O. 1990, Reg. 1086, Sched.