BILL OF LADING
I APPLICATION
The following shall apply to all transportation of
goods by for-hire highway carriers licensed under
the Motor Vehicle Transport Act (Canada, R.S.C.
1970, M-14) or under provincial statutes with the
exception of the transportation of:
a) used household goods.
b) livestock
c) bus parcel express shipments.
d) the personal luggage of bus passengers.
e) such other specific commodities as may be
specified by provincial law.
II BILL OF LADING
1. A Bill of Lading shall be completed as provided
herein for each shipment.
2. On each article covered by the Bill of Lading,
there shall be plainly marked thereon by the
consignor, the name of the consignee and the
destination thereof. This requirement does not
apply in cases where the shipment is from one
consignor to one consignee and constitutes a
truckload shipment.
3. The Bill of Lading shall be signed in full (not
initialed) by the consignor and by the carrier as an
acceptance of all terms and conditions contained
therein.
4. At the option of the carrier a waybill may be
prepared by the carrier and the waybill shall bear
the same number or other positive means of
identification as the original Bill of Lading. Under
no circumstances shall the waybill replace the
original Bill of Lading.
III CONDITIONS OF CARRIAGE
1. Liability of Carrier
The carrier of the goods, herein described is liable
for any loss of or damage to goods accepted by
him or his agent except as hereinafter provided.
2. Liability of Originating and Delivering
Carrier
Where a shipment is accepted for carriage by
more than one carrier, the carrier issuing the Bill of
Lading (hereinafter called the originating carrier)
and the carrier who assumes responsibility for
delivery to the consignee (hereinafter called the
delivering carrier). In addition to any other liability
hereunder, are liable for any loss of or damage to
the goods while they are in the custody of any
other carrier to whom the goods are or have been
delivered and from which liability the other carrier
is not relieved.
3. Recovery from Connecting Carrier
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 or have been
delivered the amount of the loss or damage that
the originating carrier or delivering carrier, as the
case may be, may be required to pay hereunder
resulting from loss of or damage to the goods
while they were in the custody of such other
carrier. When shipments are interlined between
carriers, settlement of concealed damage claims
shall be pro-rated on the basis of revenues
received.
4. Remedy by Consignor or Consignee Nothing
in articles 2 or 3 deprives a consignor or
consignee of any rights he may have against any
carrier.
5. Exceptions for Liability
The carrier shall not be liable for loss, damage 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 or inherent
vice in the goods, the act or default of the
consignor, owner or consignee, authority of law,
quarantine or differences in weights of grain, seed,
or other commodities caused by natural shrinkage.
6. Delay
No carrier is bound to transport the goods by any
particular vehicle or in time for any particular
market or otherwise than with due dispatch,
unless by agreement specifically endorsed on the
Bill of Lading and signed by the parties thereto.
7. Routing by Carrier
In case of physical necessity where the carrier
forwards the goods by a conveyance that is not a
licensed for-hire vehicle, the liability of the carrier
is the same as though the entire carriage were by
licensed for-hire vehicles.
8. Stoppage in Transit
Where goods are stopped and held in transit at
the request of the party entitled to so request, the
goods are held at risk of that party.
9. Valuation
Subject to article 10, the amount of any loss or
damage for which the carrier is liable, whether or
not the loss or damage results from negligence,
shall be computed on the basis of:
a) the value of the goods at the place and time of
shipment including the freight and other charges if
paid, or
b) where a value lower than that referred to in
paragraph (a) has been represented in writing by
the consignor or has been agreed upon, such
lower value shall be the maxi-mum liability.
10. Maximum Liability
The amount of any loss of damage computed
under paragraph (a) or (b) of article 9 shall not
exceed $4.41 per kilogram computed on the total
weight of the shipment unless a higher value is
declared on the face of the Bill of Lading by the
consignor.
11. Consignor’s Risk
Where it is agreed that the goods are carried at
the risk of the consignor of the goods, such
agreement covers only such risks as are
necessarily incidental to transportation and the
agreement shall not relieve the carrier from liability
for any loss or damage or delay which may result
from any negligent act or omission of the carrier,
his agents or employees and the burden of
proving absence from negligence shall be on the
carrier.
12. Notice of Claim
a) No carrier is liable for loss, damage or delay to
any goods carried under the Bill of Lading unless
notice thereof setting out particulars of the origin,
destination and date in shipment of the goods and
the estimated amount claimed in respect of such
loss, damage or delay is given in writing to the
originating carrier or the delivering carrier within
sixty (60) days after the delivery of the goods, or in
the case of failure to make delivery within nine (9)
months from the date of shipment.
b) The final statement of the claim must be filed
within nine (9) months from the date of shipment
together with a copy of the paid freight bill.
13. Articles of Extraordinary Value
No carrier is bound to carry any documents,
specie or articles of extraordinary value unless by
a special agreement to do so. If such goods are
carried without a special agreement and the
nature of the goods is not disclosed here-on the
carrier shall not be liable for any loss or damage in
excess of the maximum liability stipulated in article
10 above.
14. Freight Charges
a) If required by the carrier the freight and all other
lawful charges accruing on the goods shall be paid
before delivery and 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.
b) Should a consignor fail to indicate that shipment
is to move prepaid, or fail to indicate how the
shipment is to move, it will automatically move on
a collect basis.
15. Dangerous Goods
Every person, whether as principal or agent,
shipping explosives or dangerous goods without
previous full disclosure to the carrier as required
by the law, shall indemnify the carrier against lost,
damage or delay caused thereby, and such goods
may be warehoused at the consignor’s risk and
expense.
16. Undelivered Goods
a) Where though no fault of the carrier, the goods
cannot be delivered, the carrier shall immediately
give notice to the con-signor and consignee that
delivery has not been made, and shall request
disposal instructions.
b) Pending receipt of such disposals instructions,
i) The goods may be stored in the warehouse of
the carrier, subject to a reasonable charge for
storage; or
ii) Provided that the carrier has notified the
consignor of his 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.
17. Return of Goods
Where notice has been given by the carrier
pursuant to article 16a, and no disposal
instructions have been received within 10 days
from the date of such notice, the carrier may
return the consignor, at the consignor’s expense,
all undelivered shipment for which such notice has
been given.
18. Alterations
Subject to article 19, any limitation on the carrier’s
liability on the Bill of Lading, and any alteration, or
addition or erasure in the Bill of Lading shall be
signed or initialled by the consignor or his agent
and unless so acknowledged shall be without
effect.
19. Weights
It shall be the responsibility of the consign-or to
show correct shipping weights of the shipment on
the Bill of Lading. Where the actual weight of the
shipment does not agree with the weight shown
on the Bill of Lading, the weight shown there on is
subject to correction by the carrier. 20. C.O.D.
Shipments
a) A carrier shall not deliver a C.O.D. shipment
unless payment is received in full.
b) The charge for collecting and remitting the
amount of C.O.D. bills for C.O.D. shipments, must
be collected from the con-signee unless the
consignor has otherwise so indicated and
instructed on the Bill of Lading
c) A carrier shall remit all C.O.D. monies to the
consignor or person designated by him within 15
days after collection.
d) A carrier shall keep all C.O.D. monies separate
from the other revenues and funds of his business
in a separate trust fund or account. e) A carrier
shall include as a separate item in his schedule of
rates the charges for collecting and remitting
money paid by consignees.