Bills of Lading and Uniform Conditions of Carriage Regulation

Bills of Lading and Uniform Conditions of Carriage Regulation, M.R. 16/2019 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 16/2019 Registered February 19, 2019 bilingual version (HTML) Table of Contents Section 1 Definitions 2 General freight 3 Livestock 4 Used household goods 5 Coming into force Schedule A Uniform conditions of carriage — general freight B Uniform conditions of carriage — livestock C Uniform conditions of carriage — used household goods Definitions 1 The following definitions apply in this regulation. "general freight" means goods other than livestock or used household goods. (« fret général ») "used household goods" means any of the following: (a) used household furniture, appliances and personal effects of a householder that are part of the contents of the householder's dwelling, including used recreational and other vehicles owned by the householder when moved as part of and together with the householder's goods; (b) stock in trade and used furniture and equipment forming part of an office, store or commercial establishment in which the stock in trade, furniture and equipment are to be used; (c) used furniture and equipment that are part of the furnishings of a museum, hospital or public institution in which they are to be used; (d) works of art, displays, exhibits and computers and electronic equipment that because of their fragile or unusual nature or value require specialized handling. (« biens domestiques d'occasion ») General freight 2(1) Before shipping general freight by means of a vehicle on a highway, the consignor or the carrier must prepare a bill of lading that includes (a) the name and address of the consignor; (b) the point of origin of the shipment; (c) the date of the consignment; (d) the name and address of the consignee; (e) the name of the originating carrier; (f) the names of the connecting carriers, if any; (g) a description of the goods comprising the shipment, including their weight; (h) a space to show the declared value of the shipment, if any; (i) an acknowledgment of receipt of the goods, including an indication whether the goods were received in apparent good order and condition; (j) a space to show payment terms for freight charges; (k) a space to show the amount to be collected by the carrier on a cash on delivery shipment; (l) a space to note any special agreement between the consignor and the carrier; (m) an undertaking by the carrier to carry the goods for delivery to the consignee or the person entitled to receive the goods; (n) a statement that the uniform conditions of carriage apply, and a reproduction of the uniform conditions of carriage established under subsection (2); (o) a statement of the notice of claim requirements in the uniform conditions of carriage; (p) if applicable, a statement in a conspicuous form that the carrier's liability is limited by a term or condition of another agreement; and (q) the signed acceptance by or on behalf of the consignor and the carrier of the conditions contained, or deemed to be contained, in the contract of carriage. 2(2) The uniform conditions of carriage set out in Schedule A are deemed to be incorporated into any contract of carriage for the transportation of general freight by means of a vehicle on a highway, regardless of whether a bill of lading is issued as required under subsection (1). Livestock 3(1) Before shipping livestock by means of a vehicle on a highway, the consignor or the carrier must prepare a bill of lading or livestock manifest that includes (a) the name and address of the consignor; (b) the point of origin of the shipment; (c) the date of the consignment; (d) the name and address of the consignee; (e) the name of the originating carrier; (f) the names of the connecting carriers, if any; (g) a description of the type and number of animals being shipped; (h) an acknowledgment of receipt of the goods, including an indication whether the goods were received in apparent good order and condition; (i) a space to show freight charges and payment terms; (j) the amount to be collected by the carrier on a cash on delivery shipment, if applicable; (k) a space to note any special agreement between the consignor and the carrier; (l) an undertaking by the carrier to carry the goods for delivery to the consignee or the person entitled to receive the goods; (m) a statement that the uniform conditions of carriage apply, and a reproduction of the uniform conditions of carriage established under subsection (2); (n) a statement of the notice of claim requirements in the uniform conditions of carriage; (o) if applicable, a statement in a conspicuous form that the carrier's liability is limited by a term or condition of another agreement; and (p) the signed acceptance by or on behalf of the consignor and the carrier of the conditions contained, or deemed to be contained, in the contract of carriage. 3(2) The uniform conditions of carriage set out in Schedule B are deemed to be incorporated into any contract of carriage for the transportation of livestock by means of a vehicle on a highway, regardless of whether a bill of lading or livestock manifest is issued as required under subsection (1). 3(3) Despite clause (1)⁠(m), instead of a reproduction of the uniform conditions of carriage, the following statement may be set out on the bill of lading or manifest: The contract of carriage for the goods listed in this document is deemed to contain, and is subject to, the uniform conditions of carriage for livestock set out in Schedule B of the Bills of Lading and Uniform Conditions of Carriage Regulation (Manitoba). Used household goods 4(1) Before shipping used household goods by means of a vehicle on a highway, the consignor or the carrier must prepare a bill of lading that includes (a) the name, address and telephone number of the consignor; (b) the point of origin of the shipment; (c) the date of the consignment; (d) the name and address of the consignee; (e) in a conspicuous place, (i) the name and telephone number of the originating carrier, and (ii) the name and telephone number of the destination agent, if different from the originating carrier; (f) the names of the connecting carriers, if any; (g) an inventory of the goods comprising the shipment; (h) a space to show the declared value of the shipment; (i) an acknowledgment of receipt of the goods, including an indication whether the goods were received in apparent good order and condition; (j) a space to show the actual amount of freight charges and all other charges to be collected by the carrier; (k) a space to show the date or time period agreed upon for delivery; (l) a space to note any special services or agreements between the contracting parties; (m) an undertaking by the carrier to carry the goods for delivery to the consignee or the person entitled to receive the goods; (n) a statement that the uniform conditions of carriage apply, and a reproduction of the uniform conditions of carriage established under subsection (2); (o) a statement of the notice of claim requirements in the uniform conditions of carriage; (p) a statement in a conspicuous form to indicate that the carrier's liability is limited by a term or condition of carriage; (q) a statement in a conspicuous form indicating that the signature of the consignee for receipt of the goods does not preclude future claims for loss or damage made within the time limits prescribed by the conditions of carriage; and (r) spaces for the signatures of the shipper and the consignee. 4(2) The uniform conditions of carriage set out in Schedule C are deemed to be incorporated into any contract of carriage for the transportation of used household goods by means of a vehicle on a highway, regardless of whether a bill of lading is issued as required under subsection (1). Coming into force 5 This regulation comes into force on the same day that Schedule B of The Traffic and Transportation Modernization Act , S.M. 2018, c. 10, comes into force. SCHEDULE A (Section 2) UNIFORM CONDITIONS OF CARRIAGE — GENERAL FREIGHT SCHEDULE B (Section 3) UNIFORM CONDITIONS OF CARRIAGE — LIVESTOCK SCHEDULE C (Section 4) UNIFORM CONDITIONS OF CARRIAGE — USED HOUSEHOLD GOODS