The Board of
Railway Commissioners for Canada.

Order no. G.O. 444

Monday, the 20th of
June, A.D. 1927

In the matter of the General Order of the Board No. 151, dated November 8, 1915, prescribing the regulations governing baggage car traffic for the observance of every railway company within the legislative authority of the Parliament of Canada, as amended by General Orders Nos. 179, 181, 191, and 262, dated respectively January 29, February 3, and May 26, l917, and May 8, 1919; and the application for an Order further amending the said Rules:

23328

H. A. McKeown
Chief Commissioner

S. J. McLean
Asst. Chief Commissioner

A. C. Boyce
Commissioner

Upon reading what is filed in support of the application, and the report and recommendation of its Assistant Chief Traffic Officer,—

The Board Orders: That the said Regulations Governing Baggage Car Traffic be, and they are hereby, further amended as follows, namely:—

  1. Subsection (a) of rule 5 to be struck out and the following substituted therefor:—

    Rule 5. (a) Baby carriages, cribs (collapsible), go-carts, baby sleighs, children's velocipedes and tricycles or similar vehicles, when used in connection with journey of child, will be checked upon payment of charge in accordance with current tariff. Collapsible cribs must be folded and securely fastened or roped. Such articles do not form any part of the free baggage allowance, and the charge therefor is separate from and has no connection with the charge for excess baggage.

  2. Rule 8 to be struck out and the following substituted therefor:—

    Dogs and Small Household Pets (such as Cats, Birds, etc.)

    Rule 8. (a) Dogs not exceeding twenty-five dollars ($25) in value, when not intended for commercial purposes, exhibition, bench shows, or field trials, and provided with securely fitting collar or harness, and chain or leash, if properly muzzled, all of sufficient strength, or in crates of sufficient strength, provided with handles, and if accompanied by owner or caretaker, will be checked and transported in baggage cars on payment of charge in accordance with current tariff. Dogs properly crated or boxed may be checked through irrespective of wagon transfers en route, but dogs on, chain or leash will not be checked beyond a transfer point where a wagon transfer is involved.

    (b) Dogs used in producing a theatrical performance or other public entertainment, indoors or out of doors, will be considered as public entertainment paraphernalia, provided they are carried in, strong crates or other substantial containers fitted with handles, and will be handled under the provisions of rule 13.

    (c) Dogs intended for exhibition, bench shows, field trials, races, or coursing matches will not be regarded as public entertainment paraphernalia, nor will any uncrated dog of any class be so regarded.

    (d) Dogs must be claimed immediately upon arrival at destination, otherwise they may be disposed of at the carrier's discretion. Carriers do not assume obligation to feed or water dogs en route, or to store or care for them at stations.

    (e) When checked from stations where an agent is on duty, all charges must be prepaid.

    (f) Dogs do not form any part of the free baggage allowance, and the charge therefor is separate from and has no connection with the charge for excess baggage.

    (g) Any dog or crate of dogs exceeding twenty-five dollars ($25) in value, or intended for commercial purposes, exhibition, bench shows, or field trials will not be transported in baggage service.

    (h) The carrier will not be responsible for any sum greater than twenty-five dollars ($25) for loss of or injury to any one dog on chain or leash, or shipment of dogs in, crate, whether caused by or resulting from negligence of the carrier, its servants, or agents, or otherwise howsoever.

    Small Household Pets (such as Cats, Birds, etc.)

    (i) When accompanied by a passenger presenting valid transportation, small household pets (such as cats, birds, etc.) not exceeding twenty-five dollars ($25) in, value, and not intended for other persons nor for sale, when in substantial crates or cages, will be transported in baggage cars on payment of charge in accordance with current tariff. The limit of value of one or more pets in crate or cage will be twenty-five dollars ($25).

    (j) Pets will not 'be checked beyond junction points where wagon or ferry transfer is required.

    (k) Pets must be claimed immediately upon arrival at destination. Carriers do not assume obligation to store or care for pets at stations. Passengers must attend to feeding and watering pets en route and at stations.

    (l) When pets are checked from a station where an agent is on duty, all charges must be prepaid.

    (m) Pets do not form any part of the free baggage allowance, and the charge therefor is separate from and has no connection with the charge for excess baggage.

    (n) The carriers will not accept nor transport in regular baggage service small household pets, such as cats, birds, etc., where the declared value is more than twenty-five dollars ($25) per shipment.

  3. Rule 12 to be struck out and the following substituted in lieu therefor:—

    Miscellaneous Articles

    Rule 12. (a) To Destinations in Canada, the following miscellaneous articles, other than baggage, will be checked and included in the weight of passengers' baggage, and carried at owner's risk, namely, tool chests, miners' and prospectors' packs, collapsible steamer chairs (roped), invalids' chairs (when for use of an invalid travelling on same train), unloaded guns in leather or wooden cases, saddles in bags, surveyors' tools wrapped, except transits, levels, compasses, and other similar instruments liable to injury; personal baggage in bundles, when properly wrapped in canvas or other strong material (paper wrapping excepted) and securely roped; golf, cricket, baseball, or other club paraphernalia in closed receptacles; travellers' rugs, curling stones, snowshoes for personal use when properly tied together, tents and tent poles (not exceeding fifteen (15) feet in length), and fishing rods properly encased.

    (b) To Destinations in the United States, the following miscellaneous articles other than baggage will be checked and included in the weight of passengers' baggage, and carried at owner's risk, namely, tool chests, miners' and prospectors' packs, invalids' chairs (when for use of an invalid travelling on same train), surveyors' tools wrapped, except transits, levels, compasses, and other similar instruments liable to injury; personal baggage in bundles, when properly wrapped in canvas or other strong material (paper wrapping excepted) and securely roped; golf, cricket, baseball, or other club paraphernalia when enclosed in trunks or other rigid containers having at least two flat sides opposite each other.

    (c) To Destinations in the United States, the following miscellaneous articles other than baggage will be checked upon payment of charge in accordance with current tariff, namely, collapsible steamer chairs (roped), unloaded guns in leather or wooden cases, saddles in bags, golf, cricket, baseball, or other club paraphernalia when in closed receptacles other than trunks or other rigid containers having at least two flat sides opposite each other, travellers' rugs, curling stones, snowshoes for personal use when properly tied together, fishing rods and tackle in closed receptacles.

    The carrier shall not be liable in respect of or consequent upon loss of or damage or delay to any receptacle containing any of the articles specified and the contents thereof, or any of such articles not contained in a receptacle, for any amount in excess of five dollars ($5), whether such loss, damage, or delay is caused by or results from the negligence of the carrier, its servants, or agents, or otherwise howsoever, unless a greater value is declared and extra charge paid at time of checking, in accordance with current tariff of the carrier.

    (d) To Destinations in Canada, sportmen's and campers' outfits in dunnage bags or medium-sized boxes with proper handles, including unloaded guns in leather or wooden cases, tents and tent poles (not exceeding fifteen (15) feet in length), and fishing rods properly encased, will be checked and included in the weight of passengers' baggage and carried at owner's risk, subject to the regular tariff regulations as to size and weight.

    Provisions, when inclosed in wooden boxes of medium size and of sufficient strength to withstand ordinary handling, may be accepted and checked subject to charge in accordance with current tariff. The carrier will not be liable in respect of or consequent upon any loss of or damage to any shipment of provisions for any amount in excess of twenty-five dollars ($25), which sum shall be deemed to be the value of any such shipment, unless h greater value is declared and excess charge paid at time of checking, in accordance with current tariff.

    Row boats, motor launches, gasolene, acetylene, coal oil, or liquids of any description, or articles of an explosive or inflammable nature, will not be accepted for carriage in regular or special baggage car service.

    Carcasses of deer, boxes of fish, etc., must be handled by express.

    (e) To Destinations in the United States, sportsmen's and campers' outfits for private hunting, fishing, or camping parties, consisting of tent poles not exceeding fifteen (15) feet in length, tents, small bundles of bedding, and folding cots when securely wrapped, roped, or strapped, also cooking utensils when in boxes or crates provided with handles, will be accepted and checked and charged for in accordance with current tariff.

    The carrier will not accept a greater liability than twenty-five dollars ($25) per passenger for any one or more receptacles, packages, or articles so checked and transported, unless a greater value is declared at time of delivery to carrier, and charges paid for such increased valuation in accordance with current tariff.

  4. Subsection [d) of rule 13 to be struck out and the following substituted therefor:—

    (d) Aeroplanes, airships, automo'biles, motor-cycles, and other conveyances or machines propelled or operated by engines or motors, attached or detached, will not be accepted for transportation in regular or special baggage car service, and applicants will be referred to the Freight Department or Express Company, except that when such form part of the equipment of circuses, carnival companies, street fairs, or similar organizations, or such conveyances or machines are used in performances of theatrical companies, they may be transported in special cars, subject to special baggage rules.

    Such articles will not be accepted for shipment unless the gasolene is drained from the tanks of these machines.

    Racing motor-boats and racing automobiles will not be accepted for transportation in regular or special baggage service.

  5. Subsection (f) of rule 13 to be struck out and the following substituted therefor:—

    (f) Domestic and trained animals weighing not more than two hundred and fifty (250) pounds each, used in producing a theatrical performance or other public entertainment, will be checked and transported in baggage cars in regular baggage service, or in special cars, subject to special baggage car rules, at the convenience of the carrier, under the following conditions:—

    (1) They must be accompanied by owners or caretakers who have purchased proper transportation, and who will provide proper facilities for loading and unloading wherever necessary.

    (2) They must be properly presented for shipment, which shall be made at convenience of the carrier.

    (3) If animals are crated, charge shall be based on the actual weight with baggage allowance, as shown in rule 17.

    (4) If not crated, the animals, except dogs on chain or leash, must either be weighed or a careful estimate made of the weight, and charges made accordingly, minimum charge for uncrated animals to be two dollars ($2). Dogs on chain or leash will be handled in accordance with rule 8.

    (5) Animals which may be dangerous, inconvenient, or undesirable to transport in baggage cars in regular service, such as elephants, lions, etc., and those weighing more than two hundred and fifty (250) pounds, will be handled only in special cars, subject to special baggage car rules.

    (6) The animals which may be accepted for transportation in baggage service are only those which are used exclusively and regularly in professional theatrical performances, or other public entertainments, in-doors or out of doors, Not Including those used in such exhibitions as horse or stock shows, round-ups, stampedes, or rodeos. Nor does this rule apply to race-horses, polo ponies, circuses, or animals owned by individuals for their private business or pleasure or for exhibition. Shippers of animals not acceptable for transportation in baggage service, or not otherwise provided for, should be referred to the Express or Freight Department.

  6. Subsection (g) of the said rule 13 to be struck out and the following substituted therefor:—

    (g) In the case of baggage and other property carried in regular baggage service under this rule, the carrier shall not be liable for any claim in respect of or consequent upon the loss of or damage to such baggage or property except in the case of negligence of the carrier, its servants, or agents, and in the case of such negligence, such liability shall not exceed the sum of twenty-five dollars ($25) (which shall be deemed to be its value), for any one animal, or crate of animals, or musical instruments, and the sum of $100 for each adult passenger and $50 for each child travelling on a half-fare ticket (which shall be deemed to be its value), for all the baggage and property of any one passenger, whether charged for as excess size or excess weight baggage, or carried as free allowance, unless a greater value is declared and charges paid at time of checking, in accordance with the carrier's current tariff.

  7. Subsection (i) of the said rule 13 to be struck out and the following substituted therefor:—

    (g) In the case of baggage and other property carried in special baggage cars under this rule, the carrier shall not be liable for any claim in respect of or consequent upon loss of or damage to such baggage or property, except in the case of negligence of the carrier, its servants, or agents, and in the case of such negligence such liability shall not exceed the sum of one hundred dollars (8100) for each adult passenger and fifty dollars ($50) for each child travelling on a half-fare ticket, in respect of the baggage and property of each passenger whose baggage and property is being transported in such car or cars; and when cars are unaccompanied by passengers, the total liability on contents of each car shall not exceed one hundred dollars ($100), which sum shall be deemed to be the value of such baggage and property, whether charged for as excess size or excess weight baggage, or carried as free allowance, unless a greater value is declared and charges paid at time of checking, as hereinafter provided.

  8. Rule 18 to be struck out and the following substituted therefor:—

    Rule 18. (a) Subject to limitations as shown in Rules 19 and 20, three hundred (300) pounds of sample and personal baggage will be checked free between points in Canada only, and then only on presentation of current year's Canadian commercial travellers' transportation privilege certificate (on which baggage privileges must be endorsed), together with commercial travellers' passage ticket, which must bear corresponding number. Unless otherwise specifically authorized by tariff, no special allowance beyond one hundred and fifty (150) pounds per ticket will be made commercial travellers presenting excursion, summer tourist, convention, or second-class tickets issued to the public, even though commercial travellers' certificate is presented with such ticket. A free allowance of not more than one hundred and fifty (150) pounds of sample and personal baggage will be granted any commercial traveller who is not a member of a recognized Canadian Commercial Travellers' Association. Baggage m'ay be checked to destination of ticket, or to an intermediate point, provided such point is on direct route of ticket, and must be weighed each time checked. Only one ticket will be honoured in checking any one lot of sample baggage, except that when a commercial traveller is accompanied by an assistant who is solely in his employ or that of the firm he represents, the authorized free allowance may be granted on each ticket.

    (b) In consideration of special concessions granted to commercial travellers, the carriers will not be liable for any claim in respect of or consequent upon any loss of or damage or delay to any sample or personal baggage transported for a commercial traveller as such, whether the same is charged for as excess baggage or carried as free allowance.

  9. Subsection (c) or rule 20 is struck out and the following substituted therefor:—

    (c) Exceptions: This rule will not apply to the following:—

    (1) Baby carriages.

    (2) Bicycles not in trunks.

    (3) Toboggans and skis.

    (4) Canoes.

    (5) Steamer and invalids' chairs.

    (6) Guns.

    (7) Surveyors' tripods.

    (8) Club Paraphernalia.

    (9) Tent poles.

    (10) Transpacific and around-the-worid baggage, when checked between, points in Canada.

    (11) Immigrant baggage checked at port of landing.

    (12) Public entertainment paraphernalia, except trunks containing wearing apparel for use on or off the stage.

    (13) Fishing rods, properly encased.

  10. Subsection, (a) of rule 26 to. be struck out and the following substituted therefor:—

    (2) Any articles not specified in the foregoing rules shall not be carried in regular baggage service. When passengers fail to disclose nature of articles offered for checking, and it develops en route or at destination that the transportation, of such articles as baggage is not authorized herein, collection will be made in accordance with current tariff.

And it is further Ordered: That the said Regulations Governing Baggage Car Traffic in Canada, as amended, be made effective September 1, 1927; this order to be published in, at least three consecutive weekly issues of the Canada Gazette.

H. A. McKeown
Chief Commissioner,
The Board of Railway Commissioners for Canada.