APPLICATION
The following provisions shall apply to transport of goods by any common carrier
authorized under the Act respecting transportation by motor vehicle (SRC 1970) or under
provincial statutes with the following exceptions:
a) transportation of used household goods
b) livestock,
c) bus parcel express and messaging buses,
d) transportation of personal luggage of bus passengers,
e) such other specific commodities as may be by a provincial Act or regulation.
LADING
1. A bill of lading must be issued for each shipment in accordance with the provisions
hereof.
2. It belongs to the sender to ensure that each article covered by the bill of lading is clearly and
distinctly identified with the name of the consignee and its destination. This provision does not apply
in the case of an expedition involving a shipper and consignee and when shipment is a truckload.
3. By affixing their signatures on the bill of lading, the shipper and the carrier agree to the
conditions contained therein.
4. The carrier may prepare a roadmap for goods transported. The roadmap must have the same
number or even identification as the original bill of lading. In any way or at any time, the roadmap
can not take the place of original bill of lading..
CONDITIONS OF CARRIAGE
1. Carrier liability: The carrier of the goods described hereon is responsible for loss or
damage to goods accepted by him or his representative, subject to the terms below.
2. Responsibility of the first and last carrier: When a shipment is transported by more than one
carrier, in addition to other responsibilities they have assumed under this contract. One who issues
the bill of lading (hereinafter called the first carrier) and one who must deliver the goods to the
consignee (hereinafter called the last carrier) are responsible for loss or damage to goods in
possession of another carrier, which they are or have been delivered as it is not relieved of its
responsibilities.
3. Recovery from connecting carrier: The carrier or the last carrier, as applicable, is entitled to be
reimbursed by any other carrier to whom the goods were delivered or are delivered, the value of the
loss or damage that may be required to pay because the goods were lost or damaged while they
were in possession of the other carrier. In the case of connecting carriers, settlement of claims for
damage not apparent be made in proportion to revenue receipts.
4. Appeal of the shipper and consignee: Sections 2 and 3 may have the effect of preventing a
shipper or consignee to obtain damages from any carrier.
5. Exceptions: For goods described hereon, the carrier is not responsible for loss, damage or delay
due to a fortuitous event or force majeure, the enemies of the Crown, public enemies, riots, strikes,
a defect or imperfection inherent in the goods, an act or default of the consignor, owner or
consignee, authority of law, quarantine or differences in weights of grain, seed or other
commodities, due to a natural phenomenon.
6. Delay: No carrier is bound to carry through a particular vehicle or deliver goods in time for any
particular market or other conditions that the manner of regular shipments, unless an agreement
contained hereon has been ratified by the contracting parties.
7. Routing by carrier: If physical necessity, the carrier must deliver the goods by a conveyance other
than a licensed vehicle to transport against payment, the liability is the same as though the entire
carriage were by licensed vehicle.
8. Stoppage in transit: Where goods are stopped and held in transit at the request of the person
authorized to do so, the goods are held at the risk of that person.
9. Determining Value: Under clause 10, the maximum amount which the carrier may be liable for
any loss or damage to goods, there has been negligence or not, must be calculated. On the basis
of: a) the value of goods to the place and time of shipment including the freight charges and other
fees paid, whether or b) where a value lower than that referred to in paragraph a) is registered by
the consignor or has been agreed upon, such lower value shall be the maximum liability.
10. Maximum Liability: The amount of any loss or damage computed under the provisions of
paragraphs a) or b) in Article 9 shall not exceed $ 2.00 per pound ($ 4.41 per kg) calculated on the
total weight of the shipment, unless a higher value is declared by the shipper, in the space provided
on the waybill.
11. Risks borne by the sender: 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. The carrier
remains responsible for any loss, damage or delay which may result from negligence or default on
his part that his (her) agent (s) or is (its) employee (s). The carrier must then prove that there was
no negligence.
12. Notice of claim: a) No carrier shall be liable for loss, damage or delay of any goods covered by a
bill of lading unless detailing the origin, destination, date of shipment and the estimated the amount
claimed for any loss, damage or delay in writing to the first or last carrier within sixty (60) days after
delivery of goods or fails to make delivery within nine (9) months from the date of shipment.
b) The final claim must be filed within nine (9) months following the date of shipment together with a
copy of the freight bill paid.
13. Articles of extraordinary value: No carrier is bound to carry any documents, specie or any
articles of extraordinary value, unless an agreement has been concluded to this effect. If such
goods are carried without a special agreement and the nature of the goods is not specified on the
bill of lading, carrier liability for loss or damage can not be held beyond the maximum liability
established in Article 10.
14. Transportation: a) If required by the carrier, freight and all other expenses properly incurred
AGAINST goods must be paid before delivery and if, upon inspection, it appears that goods shipped
are not those mentioned in the bill of lading the freight charges must be paid for the goods actually
shipped with any additional charges lawfully due. b) Transportation costs must be collected, unless
the sender does otherwise on the bill of lading.
15. Dangerous goods: Every person who, directly or indirectly, shipping explosives or other
dangerous materials without having first made known to the carrier the exact nature of the load in
the manner prescribed by law or regulation, shall indemnify the carrier against all loss, damage or
delay caused thereby and such goods may be warehoused at the risk and expense of the sender.
16. Undelivered goods: a) If without fault of the carrier, the goods can be delivered, the carrier shall
immediately notify the shipper and consignee that delivery has not been made and shall request
instructions on how to dispose of the goods. b) Pending receipt of instructions on how to dispose of
the goods, the carrier may: I) keep the goods in his warehouse storage fee reasonable, or II) move
and store goods in a public warehouse or commercial shipper's expense, provided he has given
notice of his intentions to the sender, in which case it is no longer responsible for loading, while
retaining a claim on the goods in exchange for the payment of all legitimate expenses of
transportation and other reasonable costs including storage.
17. Returning Goods: If the carrier has given notice of non-delivery of goods in accordance with
Article 16a) and he has received no instructions on how to dispose of within ten (10) days the date
of the notice, he may return to sender, and the latter's expense, all undelivered goods for which he
has issued such an opinion.
18. Changes: Under Article 19, any limitation on the carrier's liability and any alteration, addition or
erasure in the bill of lading shall be signed or initialed by the consignor or his representative and by
the first carrier or his representative, under penalty of nullity.
19. Weight: The shipper is responsible for the accuracy of reported weight and must be listed on the
waybill. Where the actual weight of the shipment does not agree with the weight shown on the bill of
lading, the carrier will make the necessary corrections.
20. Shipping CR: a) The carrier shall not deliver an expedition against repayment, that is to say,
payable at time of delivery, without the latter is paid. b) Unless the sender does otherwise instructed
on the bill, the costs of collecting and remitting money paid upon delivery must be collected from the
consignee. c) The carrier shall pay to the consignor or his agent the sum of CR within fifteen (15)
days from the date of recovery. d) A carrier must separate money from VC funds and other revenue
of his business by keeping them in a separate account in trust. e) The carrier must include in its
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Messagerie Fjord
(2312-4068 Québec inc.)
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