BILL OF LADING AND CONDITIONS OF CARRIAGE ORDER
The following provisions 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
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
(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.
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.
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 of
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.
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 Carriers
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 delivery carrier, as the case may be, is entitled to recovery 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 prorated on the basis of revenues received.
4. Remedy by Consignor or Consignee
Nothing in articles 2 or 3 deprives a consignor of any rights he may have against carrier.
5. Exceptions from 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
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 vehicle.
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 the risk of that party.
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 maximum liability.
10. Maximum Liability
The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not exceed
$2.00 per pound ($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.
13. Articles of Extraordinary Value
No carrier is bound to carry any documents, specie or any 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 hereon, 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 on the goods actually
shipped with any additional charges lawfully payable thereon.
(b) Should a consignor fail to indicate that a shipment is to move a 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 law shall indemnify the carrier against all loss,
damage or delay caused thereby, and such goods may be warehoused at the consignor’s risk and
16. Undelivered Goods
(a) Where through no fault of the carrier, the goods cannot be delivered, the carrier shall
immediately give notice to the consignor and consignee that delivery has not been made and shall
request disposal instructions.
(b) Pending receipt of such disposal instructions:
(i) The goods may be stored in the warehouse of the carrier, subject to a reasonable charge for
(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 ten (10) days from the date of such notice, the carrier may return to the
consignor, at the consignor’s expense all undelivered shipments for which such notice has been
Subject to article 19 any limitation on the carrier’s liability on the Bill of Lading, and an
alteration, or addition, or erasure in the Bill of Lading shall be signed or initialed by the
consignor or his agent and the originating carrier or his agent and unless so acknowledged, shall
be without effect.
It shall be the responsibility of the consignor 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 thereon is subject to correction by the carrier.
20. C.O.D. Shipments
(a) A carrier shall not delivery 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 consignee 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.
IV OTHER SPECIFICATIONS