Crown Liability and Proceedings Act
R.S.C., 1985, c. C-50
An Act respecting the liability of the Crown and proceedings by or against the Crown
Marginal note:Short title
- R.S., 1985, c. C-50, s. 1;
- 1990, c. 8, s. 21.
2. In this Act,
« État »
“Crown” means Her Majesty in right of Canada;
« navire de l’État »
“Crown ship” means a Crown vessel as defined in section 140 of the Canada Shipping Act, 2001;
« responsabilité »
“liability”, for the purposes of Part 1, means
(a) in the Province of Quebec, extracontractual civil liability, and
(b) in any other province, liability in tort;
« préposés »
“servant” includes agent, but does not include any person appointed or employed by or under the authority of an ordinance of the Northwest Territories or a law of the Legislature of Yukon or of the Legislature for Nunavut;
“tort”[Repealed, 2001, c. 4, s. 34]
- R.S., 1985, c. C-50, s. 2;
- 1990, c. 8, s. 22;
- 1993, c. 28, s. 78;
- 1998, c. 15, s. 21;
- 2001, c. 4, s. 34, c. 26, s. 295;
- 2002, c. 7, s. 151.
Marginal note:Definition of "person"
2.1 For the purposes of sections 3 to 5, “person” means a natural person of full age and capacity other than Her Majesty in right of Canada or a province.
- 2001, c. 4, s. 35.
Liability and Civil Salvage
3. The Crown is liable for the damages for which, if it were a person, it would be liable
(a) in the Province of Quebec, in respect of
(i) the damage caused by the fault of a servant of the Crown, or
(ii) the damage resulting from the act of a thing in the custody of or owned by the Crown or by the fault of the Crown as custodian or owner; and
(b) in any other province, in respect of
(i) a tort committed by a servant of the Crown, or
(ii) a breach of duty attaching to the ownership, occupation, possession or control of property.
- R.S., 1985, c. C-50, s. 3;
- 2001, c. 4, s. 36.
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