Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Post Corporation Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Board

  conseil

  Board means the Board of Directors of the Corporation; (conseil)

  Chairman

  président du conseil

  Chairman means the Chairman of the Board appointed pursuant to section 7; (président du conseil)

  Corporation

  Société

  Corporation means the Canada Post Corporation established by section 4; (Société)

  mail

  envois ou courrier

  mail means mailable matter from the time it is posted to the time it is delivered to the addressee thereof; (envois ou courrier)

  mail bag

  contenant postal

  mail bag means any container or covering in which mail is transmitted, whether it contains mail or not; (contenant postal)

  mail contractor

  entrepreneur postal

  mail contractor means a person who has entered into a contract with the Corporation for the transmission of mail, which contract has not expired or been terminated; (entrepreneur postal)

  mail conveyance

  Version anglaise seulement

  mail conveyance means any physical, electronic, optical or other means used to transmit mail; (Version anglaise seulement)

  mailable matter

  objets

  mailable matter means any message, information, funds or goods that may be transmitted by post; (objets)

  Minister

  ministre

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

  post

  poster ou déposer

  post means to leave in a post office or with a person authorized by the Corporation to receive mailable matter; (poster ou déposer)

  post office

  bureaux de poste

  post office includes any place, receptacle, device or mail conveyance authorized by the Corporation for the posting, receipt, sorting, handling, transmission or delivery of mail; (bureaux de poste)

  postage

  port

  postage means the charge or surcharge payable for the collection, transmission and delivery by the Corporation of messages, information, funds or goods and for insurance or other special services provided by the Corporation in relation thereto; (port)

  postage stamp

  timbres-poste

  postage stamp means any stamp, postage impression or postage meter impression authorized by the Corporation for the purpose of paying postage; (timbres-poste)

  postal remittance

  titre de versement postal

  postal remittance means any instrument authorized by the Corporation for the remittance of funds; (titre de versement postal)

  President

  président

  President means the President of the Corporation appointed pursuant to section 8; (président)

  transmit

  transmission

  transmit means to send or convey from one place to another place by any physical, electronic, optical or other means; (transmission)

  transmit by post

  transmission postale

  transmit by post means to transmit through or by means of the Corporation; (transmission postale)

  undeliverable letter

  lettres non distribuables

  undeliverable letter means any letter that for any reason cannot be delivered to the addressee thereof and includes any letter the delivery of which is prohibited by law or is refused by the addressee or on which postage due is not paid by the sender on demand. (lettres non distribuables)

• Marginal note:Presumption

  (2) For the purposes of this Act,

  • (a) leaving mail at the place of residence or business of the addressee thereof,

  • (b) depositing mail in a post office lock box or rural mail box or any other receptacle or device provided for the receipt of mail of the addressee, or

  • (c) leaving mail with the addressee or his servant or agent or with any other person who may reasonably be considered to be authorized to receive mail by the addressee thereof,

  according to the usual manner of delivering mail to that addressee, is deemed to be delivery to the addressee.

• Marginal note:Idem

  (3) For the purposes of this Act, a thing is deemed to be in the course of post from the time it is posted to the time it is delivered to the addressee or returned to the sender thereof.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

PART ICanada Post Corporation

Incorporation

Marginal note:Corporation established

4 There is hereby established a corporation to be called the Canada Post Corporation.

Objects

Marginal note:Objects

• 5 (1) The objects of the Corporation are

  • (a) to establish and operate a postal service for the collection, transmission and delivery of messages, information, funds and goods both within Canada and between Canada and places outside Canada;

  • (b) to manufacture and provide such products and to provide such services as are, in the opinion of the Corporation, necessary or incidental to the postal service provided by the Corporation; and

  • (c) to provide to or on behalf of departments and agencies of, and corporations owned, controlled or operated by, the Government of Canada or any provincial, regional or municipal government in Canada or to any person services that, in the opinion of the Corporation, are capable of being conveniently provided in the course of carrying out the other objects of the Corporation.

• Marginal note:Idem

  (2) While maintaining basic customary postal service, the Corporation, in carrying out its objects, shall have regard to

  • (a) the desirability of improving and extending its products and services in the light of developments in the field of communications;

  • (b) the need to conduct its operations on a self-sustaining financial basis while providing a standard of service that will meet the needs of the people of Canada and that is similar with respect to communities of the same size;

  • (c) the need to conduct its operations in such manner as will best provide for the security of mail;

  • (d) the desirability of utilizing the human resources of the Corporation in a manner that will both attain the objects of the Corporation and ensure the commitment and dedication of its employees to the attainment of those objects; and

  • (e) the need to maintain a corporate identity program approved by the Governor in Council that reflects the role of the Corporation as an institution of the Government of Canada.

Board of Directors

Marginal note:Board of Directors

• 6 (1) There shall be a Board of Directors of the Corporation consisting of the Chairman, the President and nine other directors appointed as provided in this Act.

• Marginal note:Appointment of directors

  (2) Each director, other than the Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for such term, not exceeding three years, as will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one-half of the directors.

• Marginal note:Vacancy

  (3) Where the office of a director becomes vacant during the term of the director appointed thereto, the Governor in Council may appoint a director for the remainder of the term.

• Marginal note:Re-appointment

  (4) A director may, on the expiration of his term of office, be re-appointed to the Board.

• Marginal note:Fees

  (5) A director, other than the Chairman, the President and any director selected from among persons employed in the federal public administration, is entitled to receive for attendance at meetings of the Board and any committee thereof such fees as may be fixed by the Governor in Council.

• Marginal note:Expenses

  (6) A director is entitled to be paid by the Corporation reasonable travel and living expenses incurred by him while absent from his ordinary place of residence in the course of his duties as a director.

Chairman of the Board

Marginal note:Appointment of Chairman of the Board

• 7 (1) The Chairman of the Board shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

• Marginal note:Salary

  (2) The Chairman shall be paid by the Corporation such salary or other remuneration as is fixed by the Governor in Council.

• Marginal note:Absence or incapacity

  (3) If the Chairman is absent or unable to act or if the office of Chairman is vacant, the Minister may designate another director of the Corporation to act as the Chairman for the time being, but no director so designated has authority to act as Chairman for a period exceeding ninety days without the approval of the Governor in Council.

President of the Corporation

Marginal note:Appointment of President of the Corporation

• 8 (1) The President of the Corporation shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate.

• Marginal note:Salary

  (2) The President shall be paid by the Corporation such salary or other remuneration as is fixed by the Governor in Council.

• Marginal note:Absence or incapacity

  (3) If the President is absent or unable to act or if the office of President is vacant, the Board may designate another director or an officer of the Corporation to act as the President for the time being, but no director or officer so designated has authority to act as President for a period exceeding ninety days without the approval of the Governor in Council.

Head Office

Marginal note:Head office

9 The head office of the Corporation shall be at such place in Canada as may be designated by order of the Governor in Council.

Administration of Corporation

Marginal note:Administration by Board

• 10 (1) The Board shall direct and manage the affairs of the Corporation and may for such purposes exercise all the powers and perform all the duties of the Corporation.

• Marginal note:Vice-Presidents

  (2) The Board may appoint and fix the salary of such number of Vice-Presidents as it considers necessary.

Marginal note:By-laws

11 The Board may make by-laws

• (a) for the administration, management and control of the property and affairs of the Corporation;

• (b) for the regulation of proceedings of the Board, including the establishment of committees of the Board, the time and place for the holding of meetings of the Board or of any committee thereof, and the quorum and procedure at all such meetings;

• (c) prescribing the functions, duties and powers of any committee of the Board and of the Chairman, President, directors, officers, agents and employees of the Corporation; and

• (d) respecting administration of contracts relating to any business of the Corporation.

Staff

Marginal note:Officers and employees

12 The Corporation may employ such officers and employees and may engage the services of such agents, advisers and consultants as it considers necessary for the proper conduct of its business, and may fix the terms and conditions of their employment or engagement, as the case may be, and pay their remuneration.

Marginal note:Presumption

• 13 (1) Except as provided in subsections (2) and (4), every person employed or engaged pursuant to section 12 is deemed not to be employed in the federal public administration.

• (2) [Repealed, 1999, c. 34, s. 227]

• Marginal note:Idem

  (3) The Public Service Superannuation Act does not apply to any director of the Corporation, other than the Chairman, President and any director selected from among persons employed in the federal public administration, unless, in the case of any one of them, the Governor in Council otherwise directs.

• Marginal note:Aeronautics Act

  (4) For the purposes of any regulation made pursuant to section 9 of the Aeronautics Act, the Chairman, President, officers and employees of the Corporation shall be deemed to be employed in the federal public administration.

• Marginal note:Canada Labour Code

  (5) Notwithstanding any provision of Part I of the Canada Labour Code, for the purposes of the application of that Part to the Corporation and to officers and employees of the Corporation, a mail contractor is deemed not to be a dependent contractor or an employee within the meaning of those terms in subsection 3(1) of that Act.

Exclusive Privilege of Corporation

Marginal note:Exclusive privilege

• 14 (1) Subject to section 15, the Corporation has the sole and exclusive privilege of collecting, transmitting and delivering letters to the addressee thereof within Canada.

• Marginal note:Other mail

  (2) Nothing in this Act shall be construed as requiring any person to transmit by post any newspaper, magazine, book, catalogue or goods.

Marginal note:Exception

• 15 (1) The exclusive privilege referred to in subsection 14(1) does not apply to

  • (a) letters carried incidentally and delivered to the addressee thereof by a friend of the sender or addressee;

  • (b) commissions, affidavits, writs, processes or proceedings issued by a court of justice;

  • (c) letters lawfully brought into Canada and forthwith posted thereafter;

  • (d) letters concerning goods for delivery therewith, carried by a common carrier without pay, reward, advantage or profit for so doing;

  • (e) letters of an urgent nature that are transmitted by a messenger for a fee at least equal to an amount that is three times the regular rate of postage payable for delivery in Canada of similarly addressed letters weighing fifty grams;

  • (f) letters of any merchant or owner of a cargo vessel or the cargo therein that are carried by such vessel or by any employee of such merchant or owner and delivered to the addressee thereof without pay, reward, advantage or profit for so doing;

  • (g) letters concerning the affairs of an organization that are transmitted between offices of that organization by an employee thereof;

  • (h) letters in the course of transmission by any electronic or optical means; and

  • (i) letters transmitted by any naval, army or air forces of any foreign country that are in Canada with the consent of the Government of Canada.

• Marginal note:Collection

  (2) Nothing in subsection (1) shall be construed as authorizing any person to collect or receive any letters for the purpose of transmitting or delivering them as described in that subsection.

Powers

Marginal note:Powers of Corporation

• 16 (1) In carrying out its objects and duties under this Act, the Corporation has the capacity, and subject to this Act, the rights, powers and privileges of a natural person.

• Marginal note:Property

  (2) Without limiting the generality of subsection (1), the Corporation may acquire, hold, lease, sell or dispose of any real or personal property.

Marginal note:Administration of oaths

17 The Corporation may, in any case or class of cases approved by the Governor in Council, empower any officer of the Corporation to administer oaths and take and receive affidavits, declarations and affirmations for any purpose relating or incidental to the administration or enforcement of this Act or the regulations.

Marginal note:Postal inspectors

18 The Corporation may designate any employee of the Corporation as a postal inspector with the duty to provide for the security of the officers and employees of the Corporation, the property of the Corporation and anything in the course of post.

Regulations

Marginal note:Regulations

• 19 (1) The Corporation may, with the approval of the Governor in Council, make regulations for the efficient operation of the business of the Corporation and for carrying the purposes and provisions of this Act into effect, and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing, for the purposes of this Act and the regulations, what is a letter and what is non-mailable matter and undeliverable mail, other than undeliverable letters, and providing for the disposition of non-mailable matter, undeliverable mail and mail on which sufficient postage is not paid, including the disposition of anything found therein;

  • (b) classifying mailable matter, including the setting of standards for any class thereof;

  • (c) prescribing the conditions under which mailable matter may be transmitted by post;

  • (d) prescribing rates of postage and the terms and conditions and method of payment thereof;

  • (e) providing for the reduction of rates of postage on mailable matter prepared in the manner prescribed by the regulations;

  • (f) providing for the refund of postage;

  • (g) providing for the transmission by post, free of postage, of

    • (i) letters, books, tapes, records and other similar material for the use of the blind, and

    • (ii) mailable matter relating solely to the business of the Corporation and addressed to or sent by a person engaged in that business;

  • (h) providing for the holding of mail by the Corporation at the request of the sender or addressee thereof or in any other circumstances specified in the regulations;

  • (i) providing for the insurance of mail and the payment of indemnity by the Corporation in case of loss of or damage to mail;

  • The following provision is not in force.

    (j) providing for the payment of interest, including the rate thereof, on funds transmitted by post;

  • (k) governing the design, placement and use of any receptacle or device intended for the posting, insertion, reception, storage, transmission or delivery of mailable matter;

  • (l) regulating or prohibiting the installation of machines for vending postage stamps, postal remittances or other products or services of the Corporation;

  • (m) regulating or prohibiting the manufacture, installation and use of postage meters;

  • (n) regulating or prohibiting the making or printing of postage stamps;

  • (o) governing the preparation, design and issue of postage stamps;

  • (p) providing for the closure of post offices, the termination of rural routes and the termination of letter carrier routes;

  • (q) carrying out any international postal agreement or international arrangement entered into pursuant to this Act;

  • (r) dealing with any matter that any provision of this Act contemplates being the subject of regulations; and

  • (s) providing for the operation of any services or systems established pursuant to this Act.

• Marginal note:Fair and reasonable

  (2) The rates of postage prescribed pursuant to subsection (1) shall be fair and reasonable and consistent so far as possible with providing a revenue, together with any revenue from other sources, sufficient to defray the costs incurred by the Corporation in the conduct of its operations under this Act.

• Marginal note:Compensation

  (3) The Governor in Council may make regulations providing for the payment of compensation to the Corporation in respect of materials for the use of the blind transmitted in accordance with regulations made pursuant to subparagraph (1)(g)(i).

Marginal note:Publication of proposed regulation

• 20 (1) Subject to subsection (2), a copy of each regulation that the Corporation proposes to make under subsection 19(1) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

• Marginal note:Single publication sufficient

  (2) No proposed regulation need be published more than once under subsection (1) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection.

• Marginal note:Submission to Governor in Council

  (3) Where a proposed regulation has been published pursuant to subsection (1) and has not been withdrawn by the Corporation within sixty days after such publication, the Minister shall forthwith thereafter submit the regulation or, if the regulation has been amended by the Corporation, the amended regulation, to the Governor in Council for consideration.

• Marginal note:Action on receipt of regulation

  (4) Forthwith after receiving a regulation made pursuant to subsection 19(1) for submission to the Governor in Council for consideration, the Clerk of the Privy Council shall send to the Corporation a letter acknowledging his receipt of the regulation and indicating the date of such receipt.

• Marginal note:Presumption

  (5) Every regulation made pursuant to subsection 19(1) is deemed to have been approved by the Governor in Council sixty days after the day it is received by the Clerk of the Privy Council for submission to the Governor in Council for consideration, unless the Governor in Council has previously approved or refused to approve the regulation.

Marginal note:Setting of postage otherwise than by regulation

21 Notwithstanding subsection 19(1) or any regulation made pursuant to that subsection, the Corporation may prescribe rates of postage otherwise than by regulation for any person who has entered into an agreement with the Corporation for

• (a) the variation of rates of postage on the mailable matter of that person in consideration of his mailing in bulk, preparing the mailable matter in a manner that facilitates the processing thereof or receiving additional services in relation thereto; or

• (b) the provision of experimental services related to the business of the Corporation for any period not exceeding three years.

Directives

Marginal note:Directives

• 22 (1) In the exercise of its powers and the performance of its duties, the Corporation shall comply with such directives as the Minister may give to it.

• Marginal note:Application of Financial Administration Act

  (2) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such modifications as the circumstances require, to a directive given under subsection (1) as though it were a directive referred to in those provisions.

• Marginal note:Compensation

  (3) Where the Governor in Council is satisfied that the Corporation has sustained or is likely to sustain financial loss in complying with any directive given to it under subsection (1) or section 89 of the Financial Administration Act, he may compensate the Corporation for that loss and for that purpose he may

  • (a) require an audit of the books and records of the Corporation to determine the amount of the loss;

  • (b) determine the amount of the compensation that may be paid or the manner of calculating such amount, including the setting of a maximum amount; and

  • (c) determine the manner in which and the time when the compensation may be paid.

• Marginal note:Appropriation

  (4) The amount of any compensation under this section shall be paid out of moneys appropriated by Parliament therefor.

• Marginal note:Tabling in Parliament

  (5) The Minister shall cause an estimate of any increased costs or losses likely to be incurred by the Corporation as a result of complying with any directive given to it under subsection (1) or section 89 of the Financial Administration Act to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day the directive was so given.

Status of Corporation

Marginal note:Agent of Her Majesty

23 The Corporation is, for the purposes of this Act, an agent of Her Majesty in right of Canada.

Marginal note:Contracts

24 The Corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty.

Marginal note:Winding-up

25 No Act relating to the winding-up of a corporation applies in respect of the Corporation and in no case shall the affairs of the Corporation be wound up unless Parliament so provides.

Marginal note:Public Servants Inventions Act

26 Notwithstanding section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an officer or employee of the Corporation and vested in Her Majesty by that Act and any patent issued with respect thereto are vested in the Corporation, and any money received by the Corporation in the course of the administration and control of the invention or patent may be retained by the Corporation and used for its own purposes.

Marginal note:Canada Business Corporations Act

• 27 (1) The definitions “beneficial ownership”, “debt obligation”, “redeemable share”, “security”, “security interest” and “special resolution” in subsection 2(1) and sections 23 to 26, 34, 36 to 38 (except subsection 38(6)), 42, 43, 50, 172 and 257 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of the Corporation as if the references therein to articles were references to the by-laws of the Corporation.

• Marginal note:Assets of Corporation

  (2) For the purposes of applying subsections 34(2), 36(2) and 38(3) and section 42 of the Canada Business Corporations Act in respect of the Corporation, the assets held by the Corporation as an agent of Her Majesty in right of Canada shall be deemed to be assets of the Corporation.

Financial

Marginal note:Authorized capital

• 27.1 (1) The Corporation has an authorized capital consisting of an unlimited number of shares of such classes as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, prescribe by by-law.

• Marginal note:Classes of shares

  (2) Each class of shares of the Corporation has such rights, privileges, restrictions and conditions, and each shareholder and the Corporation have such rights and are subject to such restrictions in respect of the shares, as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, prescribe by by-law.

• Marginal note:By-laws

  (3) Without limiting the generality of subsection (2), the by-laws may

  • (a) prescribe voting rights, rights of shareholders to require redemption, rights of the Corporation to redeem, restrictions or prohibitions on transfer, procedures for the enforcement of the restrictions or prohibitions, and rights on liquidation;

  • (b) attach rights, privileges, restrictions or conditions only to shares held by employees of the Corporation or only to shares held in trust for Her Majesty in right of Canada; and

  • (c) be inconsistent with any provision referred to in section 27.

• Marginal note:Restriction

  (4) No shares of the Corporation may be held or beneficially owned by any person, other than

  • (a) Her Majesty in right of Canada or a trustee for Her Majesty in right of Canada; or

  • (b) an employee of the Corporation or a trustee for an employee of the Corporation.

• Marginal note:Idem

  (5) Not more than ten per cent of the issued and outstanding shares of the Corporation may be held or beneficially owned by the employees of the Corporation.

Marginal note:Issue of shares to Minister

• 27.2 (1) The Corporation is authorized to issue to the Minister, and the Minister is authorized to acquire, shares of the Corporation in substitution for the equity of the Corporation held by or on behalf of Her Majesty in right of Canada.

• Marginal note:Registration of shares

  (2) Shares of the Corporation acquired by the Minister shall be registered in the name of the Minister in the books of the Corporation and shall be held by the Minister in trust for Her Majesty in right of Canada.

• Marginal note:Consideration

  (3) Subsection 25(3) of the Canada Business Corporations Act does not apply in respect of the first issue of shares to the Minister.

• Marginal note:Exclusive right to vote

  (4) The shares held by the Minister have the exclusive right to vote at meetings of the shareholders of the Corporation.

• Marginal note:Allocation

  (5) The amount standing to the credit of the Equity of Canada on the balance sheet of the Corporation as at the date of the first issue of shares to the Minister shall be equal to the net asset value of the Corporation on that date and shall be allocated, in such amounts as the Board, with the approval of the Minister and the Treasury Board, may determine, to the initial stated capital for the class of those shares and to one or more contributed surplus accounts, if any.

• Marginal note:Net asset value

  (6) For the purposes of subsection (5), the net asset value of the Corporation on the date of the first issue of shares to the Minister is such amount as the Board, with the approval of the Treasury Board, deems appropriate, and any difference from the net asset value as reflected on the last audited balance sheet of the Corporation before that date shall be reflected as a charge or credit, as appropriate, to the Equity of Canada on the balance sheet of the Corporation for that date.

• Marginal note:Presumption

  (7) For the purposes of subsections (5) and (6), the date of the first issue of shares to the Minister shall be deemed to be such date as the Board, with the approval of the Treasury Board, may determine, which date may be before the date on which the determination is made.

Marginal note:Issue or transfer of shares to employees

• 27.3 (1) The Minister, the Corporation and any subsidiary of the Corporation are authorized to issue or transfer to, and to purchase from, directly or indirectly, employees of the Corporation non-voting shares of the Corporation in accordance with such plan as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, establish by by-law.

• Marginal note:Consideration

  (2) Notwithstanding subsections 25(3) and (4) of the Canada Business Corporations Act, a by-law establishing a plan referred to in subsection (1) may authorize the issue of the shares for no consideration or for such consideration as the by-law may prescribe.

Marginal note:Dividends

27.4 Subject to section 42 of the Canada Business Corporations Act and sections 130.1 and 130.2 of the Financial Administration Act, the Corporation shall declare and pay a dividend on the issued and outstanding shares of the Corporation in such form and amount as the Board may determine in accordance with the rights, privileges, restrictions and conditions attaching to the shares.

Marginal note:Borrowing power

28 The Corporation may

• (a) borrow money on the credit of the Corporation; and

• (b) issue or reissue, sell or pledge debt obligations, secured or unsecured, of the Corporation.

Marginal note:Government assistance

29 The Minister of Finance, on the application of the Corporation approved by the Minister, may, with the approval of the Governor in Council, lend money to the Corporation from the Consolidated Revenue Fund on such terms and conditions as are approved by the Governor in Council.

Marginal note:Limitation

30 The aggregate amount outstanding of the principal of loans made to the Corporation under section 29 shall not exceed five hundred million dollars.

Marginal note:Moneys at disposal of Corporation

31 Where at any time the available revenues of the Corporation are not sufficient to pay all the operating and income charges of the Corporation as and when due, the Minister of Finance, on the application of the Corporation approved by the Minister, may, with the approval of the Governor in Council, place at the disposal of the Corporation such amounts as may be required to enable the Corporation to meet all such charges.

Marginal note:Reimbursement

• 32 (1) All amounts placed at the disposal of the Corporation pursuant to section 31 shall be reimbursed to the Minister of Finance from the annual revenues of the Corporation in so far as such revenues are sufficient.

• Marginal note:Deficit appropriation item

  (2) Where the annual revenues of the Corporation are insufficient for the purposes of subsection (1), the Minister shall cause the amount of the insufficiency to be included, in the form of a deficit appropriation item, in the next estimates laid before Parliament thereafter.

33 [Repealed, 2005, c. 30, s. 44]

Marginal note:Financial year

34 Unless the Governor in Council otherwise directs, the financial year of the Corporation is the period beginning on April 1 in one year and ending on March 31 in the following year.

PART IIGeneral Postal Matters

Government Mail

Marginal note:Governor General

• 35 (1) Subject to regulations made pursuant to section 36, mail to or from the Governor General is free of postage.

• Marginal note:Parliament

  (2) Subject to subsection (3), mail to or from

  • (a) the Speaker or Clerk of the Senate or House of Commons,

  • (b) a member of the Senate or House of Commons,

  • (c) the Parliamentary Librarian or the Associate Parliamentary Librarian, or

  • (d) the Ethics Commissioner or Senate Ethics Officer

  is free of postage.

• Marginal note:Idem

  (3) Subject to regulations made pursuant to section 36, in any calendar year a member of the House of Commons may transmit by post free of postage to his constituents up to four mailings of printed matter without further address than “householder”, “boxholder”, “occupant” or “resident”.

• Marginal note:Application

  (4) Subsections (1) and (2) apply only in respect of mail addressed to a place in Canada and do not apply in respect of

  • (a) parcels; or

  • (b) postage for registration, special delivery, insurance or other special services.

• Marginal note:Duration of free mailing privileges

  (5) The privileges provided under subsections (2) and (3) to a person who is a member of the House of Commons begin on the day that notice of his election to serve in the House of Commons is given by the Chief Electoral Officer in the Canada Gazette and end ten days after the day he ceases to be a member of that House.

Marginal note:Regulations

36 The Governor in Council may make regulations governing transmission of mail free of postage for the purposes of subsections 35(1) and (3).

Agreements

Marginal note:Agreements

37 The Minister may enter into such agreements or arrangements with the government of any country or any independent postal authorities as appear to him necessary or desirable for carrying out the purposes and provisions of this Act.

Transmission of Mail

Marginal note:Emergency arrangements

• 38 (1) The Corporation may, with the approval of the Minister, make such arrangements for transmitting mail in emergencies as in its opinion are necessary in the interests of the public.

• Marginal note:Duty of common carriers

  (2) Every common carrier in Canada when required by the Corporation shall carry mail and duly accredited employees of the Corporation on such terms and conditions as the regulations prescribe.

Funds Left with Corporation

Liability

Marginal note:Liability of Her Majesty, etc.

• 40 (1) Subject to this Act and the regulations, Her Majesty, the Minister and the Corporation are not liable to any person for any claim arising from the loss, delay or mishandling of anything posted.

• Marginal note:Liability in respect of customs

  (1.1) Her Majesty and the Minister of National Revenue may be liable for any claim arising from the loss, delay or mishandling of anything posted while it is under the custody or control of a customs officer.

• Marginal note:Liability of mail contractor

  (2) Subject to this Act and the regulations, a mail contractor is not liable to any person, other than the Corporation, for any claim arising from the loss, delay or mishandling of any mail in the performance of his duties as a mail contractor.

• Marginal note:Liability to seizure

  (3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, nothing in the course of post is liable to demand, seizure, detention or retention.

Inspection of Mail

Marginal note:Inspection of mail

• 41 (1) The Corporation may open any mail, other than a letter, to determine in any particular case

  • (a) whether the conditions prescribed by regulations made pursuant to paragraph 19(1)(c) have been complied with;

  • (b) whether the manner prescribed by regulations made pursuant to paragraph 19(1)(e) has been adhered to; or

  • (c) whether the mail is non-mailable matter.

• Marginal note:Idem

  (2) The Corporation may open any undeliverable mail, including any undeliverable letters.

Customs

Marginal note:Mail to be made available to a customs officer

• 42 (1) All mail arriving in Canada from a place outside Canada that contains or is suspected to contain anything the importation of which is prohibited, controlled or regulated under the Customs Act or any other Act of Parliament shall be submitted to a customs officer.

• Marginal note:Submission of exported mail to customs officer

  (1.1) On request of a customs officer, all mail leaving Canada for a place outside Canada that contains or is suspected to contain anything the exportation of which is prohibited, controlled, regulated or subject to reporting under the Customs Act or any other Act of Parliament shall be submitted by the Corporation to the customs officer.

• Marginal note:Mail in the course of post

  (2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

• Marginal note:Notice of seizure or detention

  (2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

• Marginal note:Mail subject to customs laws

  (3) A customs officer shall deal with all mail submitted to the officer under this section in accordance with the laws relating to customs and the importation of goods or currency and monetary instruments and, subject to those laws, shall deliver that mail to its addressee, on payment of any postage due on it, or shall return it to the Corporation.

• Marginal note:Non-mailable matter

  (4) Any non-mailable matter found by a customs officer in any mail made available to him under this section shall be dealt with in accordance with the regulations.

Prohibitory Orders

Marginal note:Interim prohibitory order

• 43 (1) Where the Minister believes on reasonable grounds that any person

  • (a) is, by means of mail,

    • (i) committing or attempting to commit an offence, or

    • (ii) aiding, abetting, counselling or procuring any other person to commit an offence,

  • (b) with intent to commit an offence, is using mail to accomplish his object, or

  • (c) is, by means other than mail, aiding, abetting, counselling or procuring any other person to commit an offence by means of mail,

  the Minister may make an order (in this section and in sections 44 to 47 called an “interim prohibitory order”) prohibiting the delivery, without the consent of the Minister, of mail addressed to or posted by that person (in this section and in sections 44 to 47 called the “person affected”).

• Marginal note:Notice

  (2) Within ten days after the making or reinstating of an interim prohibitory order, the person affected shall be sent, by registered mail at his latest known address, notice

  • (a) of the order and the reasons therefor;

  • (b) that he may within ten days after the date the notice was sent, or such longer period as the Minister may allow, request in writing a review of the matter by a Board of Review; and

  • (c) of the provisions of sections 46 and 59.

Marginal note:Board of Review

• 44 (1) Where the Minister receives a request referred to in paragraph 43(2)(b) within the period stipulated therein, he shall appoint a Board of Review consisting of three members to review the matter and shall refer the material and evidence considered by him in making the interim prohibitory order to the Board.

• Marginal note:Qualification

  (2) At least one member of a Board of Review shall be a person entitled to practise law in a province.

• Marginal note:Idem

  (3) No director, officer, employee or agent of the Corporation is eligible to be appointed or to continue as a member of a Board of Review.

• Marginal note:Powers of Board

  (4) A Board of Review has all the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Opening of mail

  (5) A Board of Review, with the consent of the person affected, may open and examine any mail detained pursuant to subsection 47(3).

Marginal note:Review

• 45 (1) A Board of Review shall review the matter referred to it and for that purpose shall give to the person affected and any other person who has an interest in the matter a reasonable opportunity, in person or by counsel, to appear before the Board and to make representations and present evidence to the Board.

• Marginal note:Adjournment

  (2) A Board of Review may from time to time adjourn any hearing before the Board on such terms and conditions as it sees fit.

• Marginal note:Report

  (3) After reviewing the matter referred to it, a Board of Review shall submit a report with its recommendations to the Minister, together with all material and evidence that was before the Board, and, on receipt of the report, the Minister shall reconsider the interim prohibitory order and either revoke it unconditionally or on such terms and conditions as he sees fit or declare it to be a final prohibitory order.

Marginal note:Presumption

46 Where

• (a) the Minister does not receive a request referred to in paragraph 43(2)(b) within the period stipulated therein, or

• (b) a person affected has made a request referred to in paragraph 43(2)(b) within the period stipulated therein, but, in the opinion of the Board, fails to attend without reasonable excuse at the time and place set by the Board for any hearing, including any adjournment thereof, in relation thereto,

the interim prohibitory order shall be deemed to be a final prohibitory order.

Marginal note:Revocation of order

• 47 (1) If the Minister is satisfied that a person affected will not use mail for any of the purposes described in subsection 43(1), he may revoke an interim or final prohibitory order on such terms and conditions as he sees fit, including the payment of any costs incurred in connection with the Board of Review.

• Marginal note:Reinstatement of order

  (2) If the Minister is satisfied that a person affected has not complied with any term or condition established pursuant to subsection (1) or 45(3), he may reinstate the interim or final prohibitory order.

• Marginal note:Effect of order

  (3) Subject to subsection (4), while an interim or final prohibitory order is in effect, the Minister may

  • (a) detain or return to the sender any mail addressed to, or anything posted by, the person affected; and

  • (b) declare any mail detained pursuant to paragraph (a) to be undeliverable mail, and any mail so declared shall be dealt with in accordance with the regulations.

• Marginal note:Idem

  (4) While an order that is deemed to be a final prohibitory order pursuant to section 46 is in effect, any mail detained pursuant to subsection (3) is deemed to be undeliverable mail and shall be dealt with in accordance with the regulations.

Offences and Punishment

Marginal note:Opening mail

48 Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

Marginal note:Abandonment of mail

49 Every person commits an offence who unlawfully and knowingly abandons, misdirects, obstructs, delays or detains the progress of any mail or mail conveyance.

Marginal note:Delay of mail

• 50 (1) Every person commits an offence who, without reasonable cause, refuses to permit or delays permitting any mail or mail conveyance to pass on or use any road, ferry or other route or mode of transport access to which is under his control.

• Marginal note:Reasonable cause

  (2) For the purposes of subsection (1), collecting toll, ferriage or other charge for the use of any route or mode of transport is deemed not to be reasonable cause.

Marginal note:Dangerous substances

51 Except under and in accordance with the Transportation of Dangerous Goods Act, 1992, every person commits an offence who encloses in or with any mailable matter transmitted by post, or puts into any post office, any explosive, dangerous or destructive substance or any thing likely to injure persons or damage property.

Marginal note:Removal of stamp

• 52 (1) Every person commits an offence who, with fraudulent intent,

  • (a) removes from mail any postage stamp affixed thereon; or

  • (b) removes from any previously used postage stamp any mark or cancellation that has been made thereon at any post office.

• Marginal note:Defacing of stamp

  (2) Every person commits an offence who, without the written consent of the Corporation, defaces, distorts, overprints or otherwise modifies any postage stamp.

Marginal note:Destruction of records

53 Every person commits an offence who knowingly secretes, destroys, mutilates, obliterates, defaces, erases or changes any record or account of any transaction pertaining to the business of the Corporation, or refuses to produce or deliver such record or account to any duly authorized officer of the Corporation on demand.

Marginal note:Issuance of postal remittances

54 Every person commits an offence who issues any postal remittance or authorization therefor without receiving, or ensuring in a manner authorized by the Corporation that the Corporation will receive, the sum payable therefor.

Marginal note:Evading payment of postage

55 Every person commits an offence who, for the purpose of evading payment of postage,

• (a) encloses a letter or any writing intended to serve the purpose of a letter in mail not paid at the rate of postage for letters;

• (b) uses in payment of postage any previously used postage stamp; or

• (c) affixes on mailable matter anything suggesting that

  • (i) the mailable matter is entitled to be transmitted by post free of postage or at a lower rate of postage than that otherwise applicable thereto, or

  • (ii) the postage or any part thereof has been paid or ought to be paid by or charged to any other person.

Marginal note:Violation of exclusive privilege

56 Every person who, in violation of the exclusive privilege of the Corporation under section 14, collects, transmits or delivers to the addressee thereof, or undertakes to collect, transmit or deliver to the addressee thereof, any letter within Canada, or receives or has in his possession within Canada any letter for the purpose of so transmitting or delivering it, commits an offence in respect of each such letter.

Marginal note:Sale of postage stamps

57 Every person commits an offence who, without the consent of the Corporation, engages in the business of selling postage stamps to the public for the purpose of payment of postage.

Marginal note:Use of words “post office”

• 58 (1) Every person commits an offence who, without the written consent of the Corporation, places or permits or causes to be placed or to remain on his premises the words “post office” or any other word or mark suggesting that such premises are a post office or a place for the receipt of letters.

• Marginal note:Use of postal marks

  (2) Every person commits an offence who, without the written consent of the Corporation, places on any thing any word or mark suggesting that the thing

  • (a) has been duly authorized or approved by the Corporation;

  • (b) is used in the business of the Corporation; or

  • (c) is of a kind similar or identical to any thing used in the business of the Corporation.

Marginal note:Prohibitory orders

59 Every person commits an offence who

• (a) knowingly does anything prohibited by an interim or final prohibitory order under subsection 43(1), 45(3) or 47(2);

• (b) changes his name or address to avoid compliance with an order referred to in paragraph (a); or

• (c) knowingly solicits mail while an order referred to in paragraph (a) is in effect.

Marginal note:Punishment

60 Every person who contravenes any provision of this Act or the regulations or who commits an offence under any of sections 48 to 59

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Evidence

61 In any prosecution under this Act, evidence that any thing bears the words “Post Office”, “Canada Post Office”, “Canada Mail”, “Canada Post”, “Canada Post Corporation” or any similar expression is evidence that the thing was established or authorized for use in connection with the Corporation by this Act or the regulations.

Commencement

Marginal note:Commencement

Footnote ^*62 Paragraph 19(1)(j) and section 39 shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Paragraph 19(1)(j) and section 39 not in force.]