1 This Act may be cited as the Crown Liability and Proceedings Act .
Marginal note: Definitions
2 In this Act,
means Her Majesty in right of Canada; ( État )
means a as defined in subsection 48(1) of the Wrecked, Abandoned or Hazardous Vessels Act ; ( navire de l’État )
, for the purposes of Part 1, means
includes agent, but does not include any person appointed or employed by or under the authority of a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut. ( préposés )
[Repealed, 2001, c. 4, s. 34]
2.1 For the purposes of sections 3 to 5, means a natural person of full age and capacity other than Her Majesty in right of Canada or a province.
Marginal note: Liability
3 The Crown is liable for the damages for which, if it were a person, it would be liable
Marginal note: Motor vehicles
4 The Crown is liable for the damage sustained by anyone by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a person.
Marginal note: Civil salvage
6 [Repealed, 2001, c. 6, s. 113]
Marginal note: Limitation or prescription period for salvage proceedings
Marginal note: Saving in respect of prerogative and statutory powers
8 Nothing in sections 3 to 7 makes the Crown liable in respect of anything done or omitted in the exercise of any power or authority that, if those sections had not been passed, would have been exercisable by virtue of the prerogative of the Crown, or any power or authority conferred on the Crown by any statute, and, in particular, but without restricting the generality of the foregoing, nothing in those sections makes the Crown liable in respect of anything done or omitted in the exercise of any power or authority exercisable by the Crown, whether in time of peace or of war, for the purpose of the defence of Canada or of training, or maintaining the efficiency of, the Canadian Forces.
Marginal note: No proceedings lie where pension payable
9 No proceedings lie against the Crown or a servant of the Crown in respect of a claim if a pension or compensation has been paid or is payable out of the Consolidated Revenue Fund or out of any funds administered by an agency of the Crown in respect of the death, injury, damage or loss in respect of which the claim is made.
Marginal note: Liability for acts of servants
10 No proceedings lie against the Crown by virtue of subparagraph 3(a)(i) or (b)(i) in respect of any act or omission of a servant of the Crown unless the act or omission would, apart from the provisions of this Act, have given rise to a cause of action for liability against that servant or the servant’s personal representative or succession.
Marginal note: Motor vehicles
11 No proceedings lie against the Crown by virtue of section 4 in respect of damage sustained by any person by reason of a motor vehicle on a highway unless the driver of the motor vehicle or the driver’s personal representative or succession is liable for the damage so sustained.
12 [Repealed, 1999, c. 31, s. 70]
Marginal note: Application of subparagraphs 3(a)(ii) and (b)(ii)
Marginal note: Proceedings in rem
14 Nothing in this Act
15 [Repealed, 1990, c. 8, s. 24]
Marginal note: Definitions
16 In this section and sections 17 and 18,
[Repealed, 1993, c. 40, s. 19]
means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; ( dispositif d’interception )
includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof; ( interception )
means any oral communication or any telecommunication that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; ( communication privée )
means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; ( réseau téléphonique public commuté )
means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network. ( communication radiotéléphonique )
Marginal note: Crown liable for interception
Marginal note: Crown liable for disclosure
the Crown is liable for all loss or damage caused thereby, and for punitive damages in an amount not exceeding five thousand dollars, to each person who incurred that loss or damage.
Marginal note: Consent to interception
18.1 Where a private communication or a radio-based telephone communication is originated by more than one person or is intended by the originator to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient for the purposes of paragraph 17(2)(b) and subsection 18(2).
Marginal note: No punitive damages
19 No award for punitive damages shall be made under section 17 or 18 where punitive damages have been ordered to be paid to the person claiming those damages pursuant to subsection 194(1) of the Criminal Code .
Marginal note: Indemnity
20 Where a judgment has been given against the Crown by reason of its liability under section 17 or 18, the servant in respect of whose conduct the Crown has been found liable is accountable to the Crown for the amount of the judgment and the Crown may recover that amount from that servant.
Marginal note: Definitions
20.1 In this section and sections 20.2 to 20.4,
[Repealed, 2009, c. 16, s. 25]
, in respect of a panel determination, means
[Repealed, 2009, c. 16, s. 25]
[Repealed, 2009, c. 16, s. 25]
[Repealed, 2009, c. 16, s. 25]
means any treaty respecting environmental cooperation referred to in Part 1 of the schedule; ( traité sur l’environnement )
[Repealed, 2009, c. 16, s. 25]
means a treaty, or chapter of a treaty, respecting labour cooperation referred to in Part 2 of the schedule; ( traité sur le travail )
means an arbitral panel or a review panel convened under an environmental cooperation treaty or a labour cooperation treaty; ( groupe spécial )
means a panel determination as defined in an environmental cooperation treaty or a labour cooperation treaty or, if that expression is not defined, a determination made by a panel under one of those treaties regarding the amount of a monetary assessment that Canada is required to pay. ( décision d’un groupe spécial )
Marginal note: Panel determination may be made an order of the Federal Court
Marginal note: Enforcement proceedings
Marginal note: Determinations, orders and decisions are final
on any ground, including the ground that the determination, proceedings, order or decision is beyond the jurisdiction of the panel or the Federal Court, as the case may be, or that, in the course of any proceedings, the panel or the Federal Court for any reason exceeded or lost its jurisdiction.
Marginal note: Concurrent jurisdiction of provincial court
Marginal note: Declaration of rights
Marginal note: Taking of proceedings against Crown
Marginal note: Defences
24 In any proceedings against the Crown, the Crown may raise
Marginal note: No judgment by default without leave
25 In any proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without leave of the court obtained on an application at least fourteen clear days notice of which has been given to the Deputy Attorney General of Canada.
Marginal note: No jury trials
26 In any proceedings against the Crown, trial shall be without a jury.
Marginal note: Rules of court
27 Except as otherwise provided by this Act or the regulations, the rules of practice and procedure of the court in which proceedings are taken apply in those proceedings.
Marginal note: Costs
Marginal note: No execution against Crown
29 No execution shall issue on a judgment against the Crown.
Marginal note: Payment of judgment
Marginal note: Prejudgment interest, cause of action within province
Marginal note: Judgment interest, causes of action within province
Marginal note: Tenders
Marginal note: Provincial laws applicable
32 Except as otherwise provided in this Act or in any other Act of Parliament, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings by or against the Crown in respect of any cause of action arising in that province, and proceedings by or against the Crown in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.
Marginal note: Application of statutes to Crown
33 Except as otherwise expressly provided in this Act, nothing in this Act affects any rule of evidence or any presumption relating to the extent to which the Crown is bound by an Act of Parliament.
Marginal note: Regulations
34 The Governor in Council may make regulations
Marginal note: Proceedings against Crown agencies
Marginal note: Status of Canadian Forces and R.C.M.P.
36 For the purposes of determining liability in any proceedings by or against the Crown, a person who was at any time a member of the Canadian Forces or of the Royal Canadian Mounted Police shall be deemed to have been at that time a servant of the Crown.
The Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement.
The North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement.
Chapter 12 of the , within the meaning of subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act , as amended from time to time in accordance with Article 21.2 of that Agreement.
Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
Chapter 18 of the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014, as amended from time to time in accordance with Article 23.2 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
The Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement.
The North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement.
Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.