Tariff for the transportation of cargo between points in Canada and points outside Canada
Table of Contents
The attached sample air tariff is only intended to serve as a guide. It is not intended to cover all possible situations or to be an exhaustive treatment of the subject.
For more detailed information you should consult the Canada Transportation Act, and the Air Transportation Regulations, or discuss the matter with your legal counsel.
The Canadian Transportation Agency assumes no responsibility for the accuracy or completeness of the information contained in this document.
Should you have any questions concerning the adequacy of your company's tariff, you should refer the matter to your own legal counsel.
EXPLANATION OF ABBREVIATIONS, REFENCE MARKS AND SYMBOLS
- Canadian Transportation Agency
- International Air Transport Association
- Denotes reductions
- Denotes increases
- Denotes changes which result in neither increases or reductions
- Denotes cancellation
- Denotes addition
RULE 1. DEFINITIONS
- "Articles of Extraordinary Value"
means any of the following articles or commodities:
- any article having a declared value for carriage of $1,000 (or equivalent) or more, per gross kilogram;
- gold bullion (including refined and unrefined gold in ingot form), dore bullion, gold specie and gold only in the form of grain, sheet, foil, powder, sponge, wire, rod, tube, circles, mouldings and castings; platinum; platinum metals (palladium, iridium, ruthenium, osmium and rhodium) and platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, gauze, tube and strip (but excluding those radioactive isotopes of the above metals and alloys which are subject to restricted articles labelling requirements);
- legal banknotes, traveller's cheques, securities, shares, share coupons and stamps (excluding mint);
- diamond (including diamonds for industrial use), rubies, emeralds, sapphires, opals and real pearls (including cultured pearls);
- jewelry and watches made of silver and/or gold and/or platinum and consisting of diamonds, rubies, emeralds, sapphires, opals and real pearls (including cultured pearls);
- articles made of gold and/or platinum other than gold and/or platinum plated.
- (If applicable)
- which is equivalent to luggage, means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his trip.
- means the ten provinces of Canada, the Yukon Territory, the Districts and Islands comprising the Northwest Territories of Canada and Nunavut.
- (If applicable)
means any goods, except baggage, that can be transported by Commercial Air Services.
- "Carriage of Goods on Passenger Charters"
- means goods carried for hire or reward in the bellyhold of an aircraft used for a passenger charter provided that:
- part of the bellyhold of the aircraft is not required for use pursuant to one or more passenger charter contracts;
- carriage is between the points served for the purpose of embarking or disembarking passenger traffic;
- carriage is pursuant to one or more charter contracts any of which may be for only part of the bellyhold; and
- the CTA has issued a permit or is deemed to have issued a permit to the air carrier for the operation of the charter.
- means (Fill in Name of your Company).
- "Excess Chargeable Weight"
- means the weight in excess of the pivot weight minimum charge.
- "Gross Weight"
- means the actual or volume weight whichever is greater, of the container plus contents.
- "Interline Shipment"
- means a shipment routed via two or more successive carriers participating in this tariff.
- "International Transportation"
- means any transportation or other services, furnished by any carrier participating in this tariff, which are included within the scope of the term "international transportation" as used in the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or that Convention, as amended by the Hague Protocol, 1955, or the Montreal Convention, whichever may be applicable to travel hereunder. For the purpose of determining the applicability of the "international transportation", all stops between the original place of departure and the place of final destination scheduled by any carrier by air which participates in the transportation between such places, as shown in the schedules or timetables of such carriers, shall constitute "agreed stopping places"; but each carrier reserves the right to alter the "agreed stopping places" in case of necessity without thereby depriving the transportation of its international character.
- "Legal Holiday"
- means any national, provincial or local legal holiday.
- "Live Animals"
- shall mean all mammals (other than humans), birds, crustacea, insects, reptiles, worms and amphibians.
- "Montreal Convention"
- means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, May 28, 1999.
- "Net Weight"
- means the total gross weight of a container less the tare weight of the container.
- "Perishable Shipments"
- shall be those shipments that are subject to possible decay and/or deterioration due to temperature variations while in carrier's possession.
- "Pivot Weight"
- means the maximum weight permitted at the minimum charge.
- "Sealed Container"
- means a container to which the shipper has affixed a seal.
- means a single consignment of one or more pieces, from one shipper at one time at one address, receipted for in one lot and moving on one air waybill, to one consignee at one destination address.
- "Tare Weight"
- means the weight of the empty container including its normal complement of restraint devices.
- "Unit Load Device" or "ULD"
- shall include aircraft pallets, igloos and containers with or without integral pallets.
- "Warsaw Convention"
- means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as amended, but not including the Montreal Convention as defined above.
RULE 2. GOVERNING TARIFFS
This tariff is governed, except as otherwise provided herein, by the following tariffs or regulations and by supplements to and successive issues of said publications:
- IATA Dangerous Goods Regulations, reissues thereof and amendments thereto, issued by International Air Transport Association, Montreal, Quebec.
RULE 3. APPLICATION OF TARIFF
- The airport to airport rates for cargo carriage set out in this tariff shall be applicable only to the Canadian originating cargo. The airport to airport rates for other than Canadian originating cargo carriage will be the rates as noted on the air waybill or as established between the shipper or consignee and the carrier.
- The tariff shall constitute the terms and conditions of carriage, rates, rules and practices upon which the carrier furnishes or agrees to furnish cargo carriage to all destinations to the same extent as though the provisions hereof were included in the conditions of contract and expressly agreed to by the shipper and by all persons to whom such services are provided.
- Except as noted above, the provisions of this tariff shall be deemed to be incorporated into and be a part of each and every air waybill entered into by the carrier for the carriage of cargo to all destinations to any and all persons to whom such carriage is provided by the carrier.
- In the event of any conflict between the provisions of this tariff and the provisions of any air waybill, the provisions of this tariff shall prevail.
- The provisions of this tariff in effect (by virtue of the effective date of each tariff page) on the date of signing the air waybill shall govern such carriage of cargo.
SECTION II – ACCEPTANCE OF SHIPMENTS
RULE 4. DISPOSITION OF FRACTIONS
- Fractions of kilogram will be assessed at the charge for the next higher half kilogram.
- In computing charges, fractions of less than one half cent will be dropped and fractions of one half cent or more will be considered as one cent.
- Before computing cubic dimensions, fractions of less than one half centimetre will be dropped and fractions of one half centimetre or more will be considered as one centimetre.
RULE 5. COMPUTATION OF DAYS
Unless otherwise provided, in computing time in days, full calendar days shall be used and Sundays and legal holidays shall be included, except when the last day falls on a Sunday or legal holiday in which event the next following calendar day (other than a Sunday or legal holiday) shall be included.
RULE 6. DESCRIPTION OF SHIPMENTS
- The content of shipments must be indicated by accurate and specific descriptions on the air waybill.
- The number of pieces included in a shipment must be specified on the air waybill.
RULE 7. PACKING AND MARKING REQUIREMENTS
- Shipments must be so prepared or packed as to insure safe transportation with ordinary care in handling.
- Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels.
- Any article susceptible to damage as a result of any condition which may be encountered in air transportation such as high or low temperatures, high or low atmospheric pressures, or sudden changes in either must be adequately protected by proper packing.
- Each piece of a shipment must be legibly and durably marked with the name and address of the shipper and consignee.
- Pieces with a floor bearing weight in excess of that which can be loaded on available aircraft must be provided with a suitable skid or base which will distribute the weight to that which can be loaded on available aircraft. The weight of such skid or base shall be included in the weight of the shipment.
- Shipments of articles of extraordinary value must be packed in outside containers with measurements of X cubic centimetres or more.
- The total cubic measurement (as determined in accordance with Rule 28) must be shown on the exterior of all boxes which are used for shipments of cut flowers and nursery stock.
- Articles of extraordinary value, liquids, fragile or perishable articles shall not be enclosed in the same package as wearing apparel.
- Hazardous materials named in IATA Dangerous Goods Regulations must comply with the packing, marking and labelling requirements of such Regulations.
RULE 8. SHIPMENTS ACCEPTABLE
Property is acceptable for transportation only when the rules of the tariff and all laws, ordinances, and other governmental rules and regulations governing the transportation thereof have been complied with by the shipper, consignee or owner.
RULE 9. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENT
The following will be acceptable for carriage only upon advance arrangement:
- Shipments liable to impregnate or otherwise damage equipment or other shipments.
- Shipments requiring special attention, protection or care.
- Shipments of articles of extraordinary value.
- Shipments having a declared value of $25,000 or more.
- Shipments of live animals.
- Shipments of human remains.
- Shipments with pieces having floor bearing weights in excess of X per square centimeter. Even with advance arrangements, the above specified limit is the maximum floor bearing weight for the types of aircraft utilized by the carrier.
- Shipments of firearms.
- All shipments of dangerous goods as defined in the IATA Dangerous Goods Regulations Manual. Radioactive material used in medical research, treatments and diagnosis and industrial cameras will be accepted for carriage as per the IATA Dangerous Goods Regulations. All other radioactive material will be accepted only upon advance arrangement.
- Shipments of household goods, used, not for resale, and personal effects consisting of wearing apparel, cosmetics, toilet articles and articles worn by an individual, used, not for resale.
RULE 10. ACCEPTANCE OF ARTICLES OF EXTRAORDINARY VALUE
- Shipments containing articles of extraordinary value as defined in Rule 1 of this tariff, when the actual value of such shipments is $500,000 or more, will be accepted for transportation provided:
- the shipper declares in writing on the air waybill that the shipment is subject to this rule;
- the shipper makes advance arrangements with the carrier;
- the shipper tenders the shipment at an area designated by the carrier at the carrier's airport terminal not more than three hours prior to the scheduled departure of the flight for which advance arrangements have been completed; and
- the shipper or consignee states in writing that the consignee will accept delivery of the shipment at the airport of destination immediately after the scheduled arrival time of the flight at airport destination.
EXCEPTION: Provisions of this paragraph will also apply on shipments containing articles defined as gold, silver and platinum dore bullion, regardless of value.
- If the shipper or consignee fails to comply with the provisions of paragraph a.4. above, or if the consignee fails to accept delivery of the shipment at the airport of destination immediately after the scheduled arrival time of the flight, subject to paragraph c. below, the carrier will hire an armed guard to protect such shipment until such time as the consignee accepts the shipment. All charges incurred by the carrier applicable to such hiring will be charged to the shipper or consignee.
- In the event the shipment is delayed in the possession of the carrier, or carrier is unable to complete the transportation on a particular flight, carrier will notify the consignee and will determine from the consignee whether the consignee will accept delivery of the shipment at the airport immediately after the actual arrival time, or whether the carrier should hire a vehicle and/or armed guard in accordance with the provisions of paragraph b. above.
RULE 11. ACCEPTANCE AND CARRIAGE OF LIVE ANIMALS
Shipments Acceptable Under Certain Conditions
Carrier will accept shipments for transportation provided that:
- Shipments of live animals will only be accepted if advance arrangements are made and they include the name and telephone number of the consignee or a responsible party who can be reached on a 24-hour basis and clear delivery instructions or arrangements made for the shipment once it arrives at the destination airport. This information must also be included on the air waybill.
- Shipments are tendered to carrier in clean containers and do not emit an offensive odour. As used in this rule, offensive means unpleasant to the senses, disgusting, revolting or repugnant. Containers must have label affixed identifying contents and setting forth any special instructions for handling.
- If the shipper determines, after making advance arrangements with the carrier, that feeding or watering of the animal will be necessary while the shipment is in the custody of the carrier, shipper shall provide written instructions for feeding and watering and provide non-perishable food for the entire journey.
Except as otherwise provided, containers must be constructed:
- of wood, metal or composition material to withstand normal handling;
- so as to prevent the escape of the animal or physical contact between the animal and handling personnel;
- so as to prevent any part of the animal from protruding from the container;
- so as to provide adequate ventilation;
- so as to enable personnel to feed and water when necessary, without opening the container;
- of a size to insure freedom of movement;
- so as to prevent loss of food, water and waste matter.
Disposition of Animals
In the event carrier is unable to deliver shipment within 4 hours of arrival and is unable to contact consignee for instructions, the animal will be placed in a commercial kennel operated by a licensed veterinarian. Any charges incurred by the carrier applicable to placement in a kennel subsequent to such 4 hour period, will attach to the shipment. If instructions are not received within 7 days after the date of arrival at destination, carrier will dispose of such animals in accordance with Rule 23.
RULE 12. SHIPMENTS NOT ACCEPTABLE
- Shipments which require the carrier to obtain a Federal, Provincial or Local licence for their transportation will not be accepted when the carrier has elected not to comply with such licence requirements.
- C.O.D. (cash for goods on delivery) shipments.
RULE 13. QUALIFIED ACCEPTANCE OF SHIPMENTS
- The carrier will reject a shipment prior to the performance of any transportation by air from the airport of origin when it reasonably appears to the carrier that such shipment is:
- improperly packed or packaged;
of a kind or type likely to incur damage from high or low temperature, notwithstanding the exercise of ordinary care by the carrier, and that such temperature will prevail in flight, or at a transfer point, or at origin or destination, when available facilities cannot protect the shipment against such conditions;
EXCEPTION: The carrier will accept live animal and perishable shipments for transportation under above circumstances provided shipper is advised at the time of acceptance of the shipment, by means of an endorsement on all copies of the respective air waybill, that the carrier will not be liable for any injury to or death of such animal(s), or damage to or loss of perishable(s) incurred under the above such circumstances.
- of an inherent nature or defect which indicates to the carrier that such transportation could not be furnished by the carrier without loss of or damage to the goods;
- not accompanied by proper documentation and necessary information as required by any convention, statute or tariff applicable to such shipment;
- subject to advance arrangements unless such arrangements have been satisfactorily completed.
- Newspapers shipped without an air waybill.
- Shipments requiring special devices for safe handling will not be accepted unless such special devices are provided and operated by and at the risk of the shipper or consignee.
- Human remains, other than cremated remains will be accepted only when:
- Secured in a casket to prevent shifting and the escape of offensive odours.
- Casket is enclosed in an outside shipping container of wood, canvas, plastic or paperboard construction with sufficient rigidity and padding to protect the casket from damage with ordinary care in handling.
- Advance arrangements have been made.
- The acceptance of shipments and parts of shipments are subject to the maximum floor bearing weight limits for the aircraft type on which they are to be transported.
- Shipments containing or consisting of Hazardous Materials as defined in IATA Dangerous Goods Regulations will not be accepted unless such shipments are in conformity with such Regulations.
SECTION III – TERMS OF TRANSPORTATION
RULE 14. INSPECTION OF SHIPMENTS
All shipments are subject to inspection by the carrier, but the carrier shall not be obligated to perform such inspection.
RULE 15. AIR WAYBILL AND SHIPPING DOCUMENTS
The shipper shall prepare and present a non-negotiable air waybill with each shipment tendered for transportation subject to this tariff and tariffs governed hereby. If the shipper fails to present such air waybill, the carrier will prepare a non-negotiable air waybill for transportation subject to tariffs in effect on the date of acceptance of such shipment by the carrier and the shipper shall be bound by such air waybill.
RULE 16. COMPLIANCE WITH GOVERNMENT REQUIREMENTS
- The shipper will comply with all applicable laws, Customs and other Government regulations of any jurisdiction to, from or through which the shipment may be carried, including those relating to the packing, carriage or delivery of the shipment, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. The carrier shall not be obligated to inquire into the correctness or sufficiency of such information or documents. The carrier shall not be liable to the shipper or any other person for loss or expense due to shipper's failure to comply with this provision.
- No liability shall attach to the carrier if the carrier in good faith determines that what it understands to be the applicable law, government regulation, demand, order or requirement provides that it refuses and it does refuse to carry a shipment.
RULE 17. RESTRICTED AND PROHIBITED GOODS IN UNIT LOAD DEVICES
- Gold bullion (including refined and unrefined gold in ingot form), dore bullion, gold specie and gold only in the form of grain, sheet, foil, powder, sponge, wire, rod, tube, circles, mouldings and castings; platinum; platinum metals (palladium, iridium, ruthenium, osmium and rhodium) and platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, gauze, tube and strip, legal banknotes; traveller's cheques; securities; shares; share coupons; diamonds (including diamonds for industrial use), rubies, emeralds, sapphires, opals and real pearls (including cultured pearls).
- Any articles shown in the IATA Dangerous Goods Regulations, as amended, will be carried in a unit load device only when in full compliance with the following:
- the IATA Dangerous Goods Regulations, as amended; and
- the carrier's current policy on the accepting and handling of Dangerous Goods as defined in the IATA Dangerous Goods Regulations.
- Live animals.
RULE 18. EXCLUSIONS FROM LIABILITY
- The carrier shall not be liable for loss, damage, delay or other result caused by:
- Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority in the premises, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war.
- The act or default of the shipper or consignee.
- The nature of the shipment, or any defect, characteristic or inherent vice thereof.
- Violation by the shipper or consignee of any of the rules contained in this tariff or other applicable tariffs, including, but not confined to, improper or insufficient packing, securing, marking, or addressing, and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions.
- Acts or omissions of warehousemen, customs or quarantine officials, or other government officials, gaining possession of the shipment under actual or apparent authority.
- Compliance with delivery instructions from the shipper or consignee or non-compliance with special instructions from the shipper or consignee not authorized by applicable tariffs.
- The carrier shall not be liable for shortage of articles loaded and sealed in containers by the shipper, provided the seal is unbroken at the time of delivery and the container retains its basic integrity.
- The carrier shall not be liable for loss, damage, deterioration, destruction, theft, pilferage, delay, default, misdelivery, non-delivery, or any other result not caused by the actual negligence of itself, its agent, servant or representative, acting within the scope of their authority, or not occurring on its own line or in its own service, or for any act, default, negligence, failure or omission of other carrier or any other transportation organization, provided that, upon proof by shipper that the shipment was received by the carrier in an undamaged, disease-free, and proper shipping condition, and was lost, damaged, deteriorated, destroyed, stolen, pilfered, delayed, misdelivered or not delivered, while in the carrier's possession, the carrier shall have the burden of proving that such loss, damage, deterioration, destruction, theft, pilferage, delay, misdelivery or non-delivery was not the result of its negligence.
- The carrier shall not be liable in any event for any consequential or special damages arising from transportation subject to tariffs governed by these rules, whether or not the carrier had knowledge that such damages might be incurred.
- The carrier shall not be liable for any loss of money, bullion, bonds, coupons, jewelry, precious stones, valuable papers or articles of extraordinary value unless such articles are specifically described on the air waybill.
- The carrier shall not be liable for special or consequential damages unless, at the time of receipt of the shipment from the shipper, the carrier is given notice on the air waybill of the circumstances which will result in the occurrence of such damages; provided, however, that this rule shall not limit any right the carrier may have to refuse the shipment.
RULE 19. LIMIT OF LIABILITY
For travel governed by the Montreal Convention
For the purpose of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.
For travel governed by the Warsaw Convention
- In consideration of the carrier's rate for the transportation of any shipment, which rate, in part, is dependent upon the value of the shipment as determined pursuant to Rule 29, the shipper and all other parties having an interest in the shipment agree that the value of the shipment shall be determined in accordance with the provisions of Rule 29 and that the total liability of the carrier shall in no event exceed the value of the shipment as so determined.
- By tendering the shipment to the carrier for transportation, the shipper, for himself and all other parties having an interest in the shipment, agrees to the limitations set forth in these rules and affirms the description of the shipment as recited on the air waybill, and the fact that the shipment is not of a nature unsuitable for the carriage by air or is hazardous thereto.
- Except as provided in paragraph d. of this Rule, the total liability of the carrier shall in no event exceed:
- the value of the shipment as determined pursuant to Rule 29; or
- the actual value of the shipment; or
- the amount of any damages actually sustained; whichever is the least.
- The liability of the carrier, with respect to international transportation, shall be subject to the rules, relating to liability established by, and to all other provisions of the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or that Convention, as amended by the Hague Protocol, 1955, whichever may be applicable to travel hereunder. Any provisions of the tariffs applicable to the shipment, or of the air waybill, which is inconsistent with any provisions of the said Convention (except to the extent that Articles 12, 13 and 14 thereof are expressly varied by the terms of the air waybill) shall, to that extent, but only to that extent, be inapplicable to international transportation.
RULE 20. INDEMNIFICATION
The shipper and consignee shall be liable, jointly and severally, to pay or indemnify the carriers for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed by a carrier by reason of any violation of any of the rules contained in applicable tariffs or any other default of the shipper or such other parties with respect to a shipment.
RULE 21. LIABILITY FOR CHARGES
The shipper and consignee shall be liable, jointly and severally for all unpaid charges payable on account of a shipment pursuant to applicable tariffs including, but not confined to, sums advanced or disbursed by a carrier on account of such shipment.
EXCEPTION 1: The shipper shall not be liable for any such unpaid charges against a collect shipment where the carrier has extended credit to the consignee unless the shipper has guaranteed in writing the payment of the charges in accordance with Rule 31.
EXCEPTION 2: The consignee shall not be liable for any such unpaid charges against a prepaid shipment when the carrier has extended credit to the shipper.
RULE 22. CARRIER'S LIEN
The carrier shall have a lien on the shipment for all sums due and payable to carriers pursuant to Rule 20 and Rule 21. In the event of non-payment of any sums payable to the carrier, the carrier will hold the shipment subject to storage (as provided in Rule 39), and/or will dispose of the shipment at public or private sale, without notice to shipper or consignee, paying itself out of the proceeds of such sale all sums due and payable, including storage charges.
RULE 23. NOTICE AND DISPOSITION OF PROPERTY
- Except as otherwise provided herein, the carrier will promptly notify consignee of the arrival of the shipment.
- If, at the expiration of the free storage time provided in Rule 39, a shipment containing non-perishable property is unclaimed and delivery cannot be effected, the carrier will so notify the shipper and consignee, by mail, at the addresses shown on the air waybill. Upon written instructions from the shipper, the carrier will return the shipment to the shipper, forward or reconsign it, or otherwise dispose of it, all at the shipper's expense. If no such instructions are received within 30 days after the date of mailing such notice, the carrier will dispose of it at public or private sale.
- If a shipper or consignee desires notification by collect telephone or telegram when a shipment containing perishable property is delayed in the possession of a carrier, threatened with deterioration, or unclaimed, or delivery cannot be effected, authorization and instructions for such notification, including the name, telephone number and/or address of the party to be notified, shall be given on the air waybill. If such authorization and instructions are not given, or if, after reasonable attempt to comply therewith, the carrier does not promptly receive further instructions concerning the routing or disposition of the shipment, the carrier will take such steps as due diligence requires for the protection of all parties in interest, including rerouting the shipment by other means of transportation, subject to Rule 24, or disposal of the shipment, at public or private sale, without further notice to the shipper or consignee.
- No sale or disposal pursuant to this rule or Rule 22 shall discharge any liability of lien to any greater extent than the proceeds thereof, less selling expenses if any, and the shipper and consignee shall remain liable, jointly and severally, for any deficiency. If the proceeds from such sale or disposal exceed the amounts of such liability or lien, including selling expenses, such excess proceeds will be remitted by the carrier to the shipper within 10 days after such sale or disposal.
RULE 24. ROUTING AND REROUTING
- The carrier, in the exercise of due diligence and in order to protect all property accepted for transportation, will determine the routing of any shipment, not routed by the shipper.
- When the carrier determines that it is necessary to expedite delivery, the carrier will deviate from any route shown on the air waybill or forward via any air carrier or other transportation agency at the rate prescribed by such agency provided that when either of the foregoing actions is taken, the transportation charges shall be no greater than the air freight charges from origin to destination via the route shown on the air waybill.
RULE 25. SCHEDULES
Except as otherwise provided herein, the carrier has no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to make connections with any other carrier, or for error in any statement of times of arrival or departure.
RULE 26. AVAILABILITY OF EQUIPMENT AND SPACE
The carrier undertakes to transport, consistent with its capacity to carry, all property accepted for transportation. All shipments are subject to the availability of equipment of the kind and type capable of handling the shipment, and with respect to carriers transporting passengers, air mail, and air express, to available space after the accommodation of passengers, air mail, air express and the carrier will determine on a reasonable and not unjustly discriminatory basis, the priority of carriage as between shipments, and will decide which shipments shall not be carried on a particular flight and which shall be removed at any time or place whatsoever and when a flight shall proceed without all or any of a shipment. Nothing in this rule shall be construed as relieving the carrier of liability for negligent delay.
SECTION IV – TRANSPORTATION CHARGES
RULE 27. APPLICABLE RATES AND CHARGES
A specific commodity rate removes the application of the general commodity rate and the exception rating to the general commodity rate on the same quantity of the same article or commodity (in the same package of shipping form) from and to the same points over the same route.
RULE 28. CHARGES FOR WEIGHT
- Except as otherwise provided herein, transportation charges for a shipment will be assessed on the gross weight of the shipment based on the greater of:
- the actual weight, or
- the cubic dimensional weight determined in accordance with paragraph b. and c. of this rule.
- Cubic measurement will be based on the greatest dimensions (height, width and length) of a. the shipment, or b. of each part therein in the event of mixed shipments containing differently rated parts.
- Cubic dimensional weight will be derived from the cubic measurement of shipments or part thereof as provided in b. above on the basis of X cubic centimetres per kilograms or fraction thereof.
RULE 29. CHARGES FOR DECLARED VALUE
- The shipper may declare a value on the entire shipment, or where the shipment consists of more than one piece, the shipper may declare different values on any piece(s) which is tendered to the carrier as separately identifiable unit(s) by so indicating on the air waybill and specifically and completely describing the contents thereof as to the article(s) weight(s), number of pieces and consignee(s); provided that: A shipment whose carriage consists of international transportation shall have a value of $25.00 CAD per kilogram, unless a higher value is declared on the air waybill at the time of receipt of the shipment from the shipper. If a higher value is so declared an additional transportation charge of $X.XX CAD shall be required for each $100.00 (or fraction thereof) by which such higher value exceeds $25.00 CAD on international flights.
- Except as noted below, the weight used to determine the declared value of a shipment shall be the same as that which is used to determine the transportation charge for such shipment; provided, that when a shipment moves on one air waybill over the lines of one or more carriers at a combination of rates, the declared value shall be based on the lowest weight upon which charges are based for any portion of the movement.
- A shipment moving on one air waybill over two or more carriers shall have for its entire movement the declared value applicable to the shipment over the lines of the originating carrier unless a higher value is declared on the air waybill at the time of receipt of the shipment from the shipper, and in such event the additional transportation charge applicable over the lines of the originating carrier shall apply to the shipment for its entire movement.
Shipments of Newspapers (without an air waybill)
Shipments of newspapers (without an air waybill) shall have a declared value of $X.XX per shipment unless a higher value is declared in writing at the time of receipt of the shipment from the shipper, and if a higher value is so declared, an additional transportation charge of $X.XX shall be required for each $100.00 (or fraction thereof) by which such higher value exceeds $X.XX.
Shipments of Gold, Silver, Platinum and Dore Bullion
Shipments of gold, silver, platinum and dore bullion will be accepted only if the actual value is declared on the air waybill at the time of receipt of the shipment from the shipper. Charges will be assessed on the weight and actual value of the shipment.
NOTE: Gold, silver and dore bullion is deemed to include gold and silver in mass, gold and silver specie and/or in the form of ingots, bars, grain, sheet, foil, powder, sponge, rods, wire, tubes, circles, mouldings and castings. Platinum is deemed to include platinum as bullion, platinum concentrates, platinum metals including palladium, iridium, ruthenium, osmium, rhodium and platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, tube and strip.
Individual Carrier Exceptions
A shipment of the commodity shown in Column 1 shall have the declared value shown in Column 2 unless a higher value is declared on the air waybill at the time of receipt of the shipment from the shipper; and if a higher value is so declared, the additional transportation charge shown in Column 3 shall be required for each $100.00 (or fraction thereof) by which such higher value exceeds the value determined in accordance with Column 2.
|Commodity||Declared Value ($)||Rate per $100.00 (or fraction thereof) for excess valuation|
|Per kg (except as noted)||Subject to a minimum of|
|Please specify||$ X.XX||$ X.XX||$ X.XX|
RULE 30. CHARGES ON MIXED SHIPMENTS
- A shipment of articles which are subject to different rates, if shipped separately, will be assessed the general commodity rate applicable to the total weight (or volume) of the shipment, provided that when the shipper declares separately the contents and weight (or volume) of each part of such shipment, each part will be assessed the rate applicable to the contents and weight (or volume) of such part.
- The valuation charge for a mixed shipment will be assessed on the total declared value for carriage.
- Articles subject to the IATA Dangerous Goods Regulations, amendments thereto and reissues thereof, must be offered separately and be clearly indicated on the air waybill as dangerous goods.
- Mixed shipments must not include any of the following articles:
- shipments of gold, silver, platinum and dore bullion (see Rule 29)
- animals, live
- bank notes, legal
- human remains
- pearls, excluding artificial or cultured
- radioactive materials requiring a dangerous goods label
- share coupons
- Part of a shipment, for the purpose of this rule, consists of one package, piece or bundle, or two or more packages, pieces or bundles having the same applicable rate and conditions.
RULE 31. CHARGES PREPAID OR COLLECT
Except as otherwise provided in this rule, shipments will be accepted either with charges to be prepaid by the shipper, or to be collected from the consignee.
- The following shipments must be prepaid by the shipper:
- Shipments of newspapers moving without an air waybill.
- (A) Personal effects, namely: wearing apparel, cosmetics, toilet articles, and articles worn by an individual, used, not for resale. (B) Typewriter, television receivers, radio receivers, tape or record players (when in mixed shipments with personal effects named in (A) above).
- Shipments of used household goods.
- Shipments of live animals.
- Shipments not equal in commercial value to the charges thereon.
- Shipments moving under distribution service if there is more than one consignee.
- The following shipments must be prepaid unless the shipper guarantees, in writing, the payment of collect charges:
- Shipments of human remains.
- Shipments addressed to Canadian (or an other country) Government Agencies unless shipped by Government agents presenting proper bills of lading.
- Shipments addressed to consignee temporarily at a transient address.
- Shipments to be delivered to customers.
- Shipments of fresh seafood.
- Shipments addressed to persons restrained of their liberty.
RULE 32. CHARGES FOR SHIPMENTS OF DANGEROUS GOODS
For transportation between points in Canada and points throughout the world, a dangerous goods handling fee of $XX.XX CAD will be added to the total applicable airport to airport transportation for each shipment of dangerous goods.
RULE 33. PREMIUM RATED COMMODITIES
The following articles will be accepted for transportation by the carrier at the applicable premium rate as indicated in the table below and subject to advance arrangement. Transportation charges will be determined by applying the percentage indicated below to the applicable general commodity rate.
|Articles of extraordinary value as defined in Rule 1||X|
|Furniture, uncrated, unwrapped||X|
|Human remains, uncremated||X|
|Live animals (except baby poultry)||X|
RULE 34. PAYMENT OF CHARGES
Rates are published in Canadian dollars and are payable in the lawful currency of Canada. (Except where rates and charges are specifically published in another currency).
NOTE: When rates and charges are not specifically published in Canadian currency, conversion to Canadian currency will be made at the local banker's buying rate of exchange.
All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in the case of prepaid shipment (i.e. a shipment on which the charges are to be paid by the consignor) or at the time of delivery thereof by the carrier in the case of a collect shipment (i.e. a shipment on which charges are to be paid by the consignee).
- If the shipper or consignee has requested credit and the carrier has agreed in advance to extend such credit, credit for payment of charges on a shipment will be extended for 30 days after the date of billing.
When credit for payment of charges on a shipment has been so extended by the carrier, the carrier will bill for such charges within 15 days after the date the carrier accepts a prepaid shipment or delivers a collect shipment.
- Billings – All accounts will be on a month-to-month basis or at such times as the carrier may elect. Billings will indicate the total amount due. Any outstanding charges and related service charges will be incorporated into such billings. Remittance will be due 7 days after receipt thereof from the carrier, with a service charge of X percent per month (annual percentage rate XX percent) being assessed those accounts where payment has not been received within 30 days of the billing date.
SECTION V – CLAIMS
RULE 35. CLAIM PROCEDURE
- No action shall be maintained in the case of damage to air freight unless a written notice, sufficiently describing the air freight concerned, the approximate date of the damage and the details of the claim, is presented to an office of the carrier within 14 days from the date of receipt thereof; in the case of delay, unless presented within 21 days from the date the air freight is placed at the disposal of the person entitled to delivery; and in the case of loss (including non-delivery), unless presented within 120 days from the date of issue of the air waybill.
- Claims for overcharges must be made in writing to the originating or delivering carrier within two years after the date of acceptance of the shipment by the originating carrier.
- No claims for loss or damage to a shipment will be entertained until all transportation charges thereon have been paid. The amount of claims may not be deducted from transportation charges.
RULE 36. LIMITATION OF ACTIONS
- No carrier shall be liable in any action brought to enforce a claim, except for overcharges, unless the applicable provisions of Rule 35 have been complied with by the claimant, and unless such action is brought within two years after the date written notice is given to the claimant that the carrier has disallowed the claim in whole or in part.
- For recovery of overcharges, action at law shall be begun within two years from delivery or tender of delivery of shipment by carrier, and not after, except that if claim for overcharge has been presented in writing to the carrier within such two year period, that period shall be extended to include six months from the time notice in writing is given by carrier to claimant for disallowance of the claim, or any part or parts thereof specified in the notice.
RULE 37. INTERLINE SHIPMENTS – RIGHT OF ACTION
The consignor shall have a right of action against the originating carrier, and the consignee shall have a right of action against the delivering carrier, and further, each may take action against the carrier which performed the transportation during which the destruction, loss, damage or delay took place. The carriers shall be jointly and severally liable to the consignor or consignee.
SECTION VI – ACCESSORIAL SERVICES
RULE 38. ACCESSORIAL SERVICES ADVANCEMENT OF CHARGES
- Upon request, the carrier will advance charges for transportation, cartage, storage, loading, unloading, packaging and processing not performed by the carrier, and Government Duties and Customs fees. A charge is to be applied when the advance charge is in excess of $XX.XX or in excess of the air freight weight and valuation charge, whichever is lower; when the charge is applicable, it will be X percent of the total amount advanced, with a minimum charge of $X.XX.
- Charges will not be advanced on any shipment which under Rule 31 required prepayment or guarantee of charges in writing.
RULE 39. TERMINAL SERVICE CHARGES – AT POINTS IN CANADA
Terminal service charges as described below will be assessed to the shipper or consignee named in the air waybill, as applicable, and will apply whenever such services are performed by the carrier or its agent.
|Description of Service||Charges in Canadian Currency|
|(1) Preparation of Canada Customs Export Entry document – no charge will be made for correction or alteration of clerical errors.||$XX.XX|
|(2) Reconsigning (re-waybilling) inbound shipments to:||$XX.XX|
|(A) a Customs port in Canada other than the Customs Port of Entry, or|
|(B) a foreign country including preparation of any Customs documents.|
|(3) Preparation of Customs Manifest or Customs Diversion Notice for shipments, or portions of shipments, or components of consolidated shipments, where the final destination is other than shown on the air waybill.||$XX.XX per entry|
|(4) Carrier's Warehouse Storage Charges|
|(A) Inbound at Point of Customs Clearance – The carrier will hold shipment without a charge for a period not exceeding 48 hours calculated from 8:00 a.m. of the day following the day of arrival. The first Saturday, Sunday and legal holidays will be excluded in determining when free storage time expires.|
|(B) Inbound Other than at Point of Customs Clearance – The carrier will hold shipment without charge, for one calendar day after the date of arrival. The first Saturday, Sunday and legal holidays will be excluded in determining when free storage time expires.|
|(C) Outbound – Storage charges will be assessed when storage is required because the first piece of the shipment is not accompanied by the executed air waybill or Shippers Letter of Instruction, or when all the pieces of a shipment described in the air waybill are not received within 24 hours after receipt of the shipment.|
|Charge per kg per day or fraction thereof including Saturday, Sunday and legal holidays:||$XX.XX but not less than $5.00|
|(5) Presentation of shipments, or parts thereof, for Customs examination prior to export.||$XX.XX|
|(6) Opening, repacking and/or resealing of a shipment by the carrier when required by Customs officials: Charge per package opened, repacked and/or resealed.||$XX.XX|
|(7) Proof of Delivery Requests – When proof of delivery is requested by the shipper, consignee, or his agent, carrier will furnish a photocopy of the air waybill or manifest signed by the consignee or his agent. No charge will be assessed when proof of delivery is provided in defense of a written claim.||$XX.XX per copy of air waybill or manifest|
|(8) Import Termination and Warehouse Processing Charges|
|(A) Per 45 kgs. or fraction thereof:||$XX.XX|
|(B) Minimum charge:||$XX.XX|
|EXCEPTION: Shipments removed in bond|
|(A) Per 45 kgs. or fraction thereof:||$XX.XX|
|(B) Minimum charge:||$XX.XX|
|(9) Where shipments are consigned to banks and carrier is required to obtain release prior to delivery.||$XX.XX per shipment|
|From Points in Canada to Points in the World||General Commodity: Rate|
|Minimum Charge $/CHG.||Up to 45 kgs $/kg||Over 45 kgs $/kg||Over 100 kgs $/kg||Over 300 kgs $/kg||Over 500 kgs $/kg||Over 1000 kgs $/kg|