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Newsletters
> November 2003
Carriage by Air - Montreal Convention Becomes Law
International carriage by air has been governed by
the Warsaw Convention, since 1929. The convention created a code
for dealing with the carriage of goods, passengers, and baggage.
The Convention has the force of law in Canada by virtue of the Carriage
by Air Act which incorporates it in the Act's schedules. Schedule
I sets out the Warsaw Convention 1929. Schedule II deals with provisions
as to the liability of a carrier to a members of a family of a passenger
in the event of the death of the passenger. Schedule III gives effect
to the Protocol to Amend the Convention for the Unification of Certain
Rules Relating to International Carriage by Air Signed at Warsaw
on 12 October 1929 (the Hague Protocol). It amends the Warsaw Convention.
Schedules IV and V implement Montreal Protocol No. 4 and the Guadalajara
Supplementary Convention. These international agreements amend and
supplement, respectively, the Warsaw Convention. Montreal Protocol
No. 4 is an amendment designed to modernize the rules of the Convention
covering international air cargo. Montreal Protocol No. 4 simplifies
cargo documentation, authorizes its transmission by electronic means,
and amends the cargo liability regime. The Guadalajara Supplementary
Convention extends the rules of the Warsaw Convention to carriage
performed by a carrier other than the one with whom the passenger
or shipper entered into a contract. Schedule VI implements the Convention
of Certain Rules for International Carriage by Air signed at Montreal
on 28 May 1999. Schedule VI came into force in Canada on November
4, 2003 (see SI/2003-165). The Montreal Convention (Schedule VI)
introduces two significant changes: (1) the introduction of an unlimited
liability regime. The Convention introduces a two-tier liability
system. The first tier raises liability to 100,000 Special Drawing
Rights per passenger irrespective of fault. The second tier permits
carriers to use certain legal defences for claims beyond 100,000
Special Drawing Rights, but has no limit of liability; and (2) the
ability for most passengers to choose their own local system of
law when making claims.
Rui Fernandes
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