Contracts of carriage - Section 191.0.1

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Contracts of carriage - 191.0.1

(1) Every contract of carriage for a person to carry the goods of another person by commercial motor vehicle for compensation shall contain the information required by the regulations and shall be deemed to include the terms and conditions set out in the regulations. 2002, c. 18, Sched. P, s. 34.

Deemed terms where no contract of carriage

(2) Where a person is hired for compensation to carry the goods of another person by commercial motor vehicle in circumstances where no contract of carriage has been entered into, then a contract of carriage shall be deemed to have been entered into, and the terms and conditions of the deemed contract of carriage shall be as set out in, and shall apply to such persons as are set out in, the regulations. 2002, c. 18, Sched. P, s. 34.

Money for contract of carriage held in trust

(3) A person who arranges with an operator to carry the goods of another person, for compensation and by commercial motor vehicle, shall hold any money received from the consignor or consignee of the goods in respect of the compensation owed to the operator in a trust account in trust for the operator until the money is paid to the operator. 2002, c. 18, Sched. P, s. 34.

Other rights unaffected

(4) Nothing in subsection (3) derogates from the contractual or other legal rights of the consignor, the consignee, the operator or the person who arranged for the carriage of the goods with respect to the money that is held in trust under that subsection. 2002, c. 18, Sched. P, s. 34.

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(a) prescribing the information to be contained in contracts of carriage;

(b) prescribing the terms and conditions deemed to be included in every contract of carriage;

(c) prescribing the terms and conditions deemed to be included in a deemed contract of carriage and the persons to which they apply. 2002, c. 18, Sched. P, s. 34.

Same

(6) A regulation made under subsection (5) may provide that it applies differently to different classes of contracts of carriage, to different classes of persons or in respect of different classes of goods. 2002, c. 18, Sched. P, s. 34.

Definitions

(7) In this section,

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)

“goods” includes all classes of materials, wares and merchandise and livestock. (“biens”) 2002, c. 18, Sched. P, s. 34.