Effective December 28th, 2019 - Notification to Air Carriers of Upward Revision of the Limits of Liability Governed by the Montreal Convention
Reference is made to the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal, on May 28, 1999 (Montreal Convention), which came into force on November 4, 2003 for international carriage between Canada and countries that have ratified the Convention. The Montreal Convention has the force of law for most international carriage to and from Canada by virtue of the Carriage by Air Act.
Articles 21 and 22 of the Montreal Convention establish the liability limits of the air carrier for damages in relation to the carriage of passengers, baggage and cargo. Article 24 of the Montreal Convention provides that the Depositary, International Civil Aviation Organization (ICAO) will review the liability limits, at five-year intervals, in order to determine whether the liability limits need to be revised for inflation.
ICAO has advised that, effective December 28th, 2019, the liability limits will be increased by an inflation factor of 13.9 per cent. Please refer to Annex A which reflects the new revised limits
The Air Transportation Regulations (ATR) require air carriers to set out the limits of liability respecting passengers and goods in their respective tariffs. As a result of the change to the liability limits levels in the Montreal Convention, these revised levels must be updated in air carriers' tariffs and the revised tariffs must be filed for international services. Air carriers must apply the new limits as of December 28, 2019.
On July 15, 2019, the provisions of the Air Passenger Protection Regulations (APPR) relating to baggage came into effect. These provisions apply the same rules and liability limits for lost, delayed and damaged baggage for domestic services as those set out in the Montreal Convention for international air travel. Therefore, all air carriers offering domestic services are required to update their tariffs to reflect these new liability limits.
For further information:
Canadian Transportation Agency
15 Eddy St, Gatineau, QC K1A 0N9
As of Dec 30, 2009
As of Dec 28, 2019
|In the case of destruction, loss, damage or delay in relation to the carriage of cargo (Article 22, paragraph 3)
|19 special drawing rights (SDRs) per kilo
|22 SDRs per kilo
|In the case of destruction, loss, damage or delay with respect to baggage (Article 22, paragraph 2)
|1 131 SDRs for each passenger
|1 288 SDRs for each passenger
|In relation to damage caused by delay in the carriage of persons (Article 22, paragraph 1)
|4 694 SDRs for each passenger
|5 346 SDRs for each passenger
|For damage sustained in case of death or bodily injury of a passenger (for the first tier Article 21, paragraph 1)
|113 100 SDRs for each passenger
|128 821 SDRs for each passenger
Special Drawing Rights (SDR) is a form of international money, created by the International Monetary Fund, and defined as a weighted average of various convertible currencies. On December 3, 2019, 1 SDR equals 1.82 Canadian dollars.