Canada Post Corporation Act (R.S.C., 1985, c. C-10)

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33 [Repealed, 2005, c. 30, s. 44]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,

  • (d) the Conflict of Interest and Ethics Commissioner or Senate Ethics Officer,

  • (e) the Director of the Parliamentary Protective Service, or

  • (f) the Parliamentary Budget 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

39 [Repealed before coming into force, 2008, c. 20, s. 3]

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 Public Safety and Emergency Preparedness 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, if it has reasonable grounds to suspect that

  • (a) the conditions prescribed by regulations made under paragraph 19(1)(c) have not been complied with;

  • (b) the manner prescribed by regulations made under paragraph 19(1)(e) has not been adhered to; or

  • (c) 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).