Vol. 144, No. 26 — June 26, 2010

Regulations Amending the Special Services and Fees Regulations

Statutory authority

Canada Post Corporation Act

Sponsoring agency

Canada Post Corporation

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Canada Post Corporation Act requires Canada Post to provide universal postal service while establishing rates of postage that are fair, reasonable and sufficient to defray the costs incurred in the conduct of its operations.

The Special Services and Fees Regulations set out requirements with respect to registered mail and advice of receipt of a registered item, an option that provides senders of letter mail with proof of mailing and the ability to confirm delivery for items delivered in Canada. An increase in special services rates would help Canada Post achieve its legislated objectives and ensure that the Corporation’s costs in meeting its cost pressures continue to be borne by those using postal services rather than through taxpayer-funded government support.

Description and rationale

The proposed amendments to the Special Services and Fees Regulations would increase the rate charged for registered mail delivered in Canada, effective January 17, 2011. They would also clarify the provisions with respect to the payment of an indemnity for registered mail sent to Canada from the United States and other countries.

The amendments would implement a $0.15 increase, to $8.10, for registered mail delivered in Canada (an increase of 1.9%.)

The new rate would directly contribute to Canada Post’s financial integrity and, consequently, its ability to maintain an accessible, affordable and efficient postal service.

The amendments would also clarify the requirement with respect to the payment of an indemnity for registered items posted outside Canada for delivery in Canada. If such items are lost, the Universal Postal Convention requires payment of up to 30 SDRs (Special Drawing Rights), which is equivalent to approximately C$50. The claim must be submitted within six months. The indemnity is not required to be paid if the registered item is seized for legal reasons (for example, it is determined to contain an item that is not allowed to be mailed, such as an illegal substance).

Consultation

The Canada Post Corporation Act requires a consultation period through publication of the regulatory proposal in the Canada Gazette. All representations must be sent to the Minister of Transport. The representations are taken into consideration in the preparation of the final regulatory proposal.

Implementation, enforcement and service standards

The proposed Regulations would be enforced by Canada Post under the Canada Post Corporation Act. No increase in the cost of enforcement is expected as a result of the changes.

The rate would come into effect on January 17, 2011.

Contact

Georgette Mueller
Director
Regulatory Affairs
Canada Post Corporation
2701 Riverside Drive, Suite N0980C
Ottawa, Ontario
K1A 0B1
Telephone: 613-734-7576
Fax: 613-734-8245
Email: georgette.mueller@canadapost.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 20(1) of the Canada Post Corporation Act (see footnote a), that the Canada Post Corporation, pursuant to subsection 19(1) (see footnote b) of that Act, proposes to make the annexed Regulations Amending the Special Services and Fees Regulations.

Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Minister of Transport, House of Commons, Ottawa, Ontario K1A 0A6.

Ottawa, June 26, 2010

CANADA POST CORPORATION

REGULATIONS AMENDING THE SPECIAL SERVICES AND FEES REGULATIONS

AMENDMENTS

1. Subsection 6(10) of the Special Services and Fees Regul a tions (see footnote 1) is replaced by the following:

(10) If adhesive tape is used to close an item of mailable matter referred to in subsection (1), the sender must apply their name, mark, stamp or signature on the tape.

2. The heading of Part VIII of the Regulations is replaced by the following:

PAYMENT OF INDEMNITY FOR REGISTERED MAIL POSTED IN CANADA FOR DELIVERY IN OR OUTSIDE CANADA

3. The Regulations are amended by adding the following before section 23:

22. This Part applies to registered mail that is posted in Canada for delivery in or outside Canada.

4. (1) Paragraph 23(5)(a) of the French version of the Regulations is replaced by the following:

a) l’envoi était de nature commerciale et n’a été ni commandé ni demandé par le destinataire;

(2) Paragraph 23(5)(f) of the Regulations is repealed.

(3) Paragraph 23(5)(g) of the French version of the Regulations is replaced by the following:

g) un voiturier public serait dégagé de toute responsabilité en droit;

(4) Subsection 23(5) of the Regulations is amended by striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following:

(h) the mail that was lost, damaged or rifled contained intoxicating liquor; or

(i) the mail was lawfully seized by the country of destination.

5. Section 25 of the Regulations is repealed.

6. The heading before section 26 of the Regulations is replaced by the following:

PART IX

PAYMENT OF INDEMNITY FOR REGISTERED MAILABLE MATTER POSTED OUTSIDE CANADA FOR DELIVERY IN CANADA UNDER THE UNIVERSAL POSTAL CONVENTION

7. (1) Subsection 26(1) of the Regulations is replaced by the following:

26. (1) Subject to subsections (2) to (6), when registered mailable matter that is posted outside Canada for delivery in Canada is lost, the Corporation must pay an indemnity equal to the amount, in Canadian currency, set out in the Universal Postal Convention for the loss of such mailable matter.

(2) Paragraph 26(2)(a) of the Regulations is repealed.

(3) Paragraph 26(2)(b) of the Regulations is replaced by the following:

(b) the person or postal administration claiming the indemnity submits a claim to the Corporation within six months after the date of mailing; and

(4) Paragraph 26(3)(d) of the Regulations is repealed.

(5) Paragraph 26(3)(f) of the Regulations is replaced by the following:

(f) the registered mailable matter was lawfully seized by Canadian authorities; or

(6) Subsection 26(4) of the Regulations is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the postal administration.

8. The portion of paragraph 1(1)(a) of Schedule VII to the Regulations in column II is replaced by the following:

Item	Column II Rate
1.(1)(a)	$8.10

COMING INTO FORCE

9. These Regulations come into force on January 17, 2011.

[26-1-o]

Footnote a
R.S., c. C-10

Footnote b
S.C. 1992, c. 1, s. 34

Footnote 1
C.R.C., c. 1296

NOTICE:
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