Vol. 144, No. 26 — June 26, 2010

Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act (Miscellaneous Program)

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

These proposed amendments to regulations made under the Canada Post Corporation Act are technical in nature and are being made to address concerns expressed by the Standing Joint Committee on the Scrutiny of Regulations.

Description and rationale

The proposed amendments are as follows.

1. Item 6 of the schedule to the Non-mailable Matter Regulations would be repealed. This provision states that once a notice of service interruption has been issued by Canada Post, mail that cannot be transmitted to or from the area affected by a notice is considered to be non-mailable matter. The change would ensure that what constitutes non-mailable matter is made only by regulations approved by the Governor in Council and is not sub-delegated in any way.

2. As a consequence of the above amendment to the Non-mailable Matter Regulations, the Postal Services Interruption Regulations would be clarified to

(1) define what is meant by an interruption of postal services; and

(2) specify that mail identified in the notice of interruption of postal services shall not be accepted by Canada Post to or from an area in which the interruption of postal services is in effect.

3. The Undeliverable and Redirected Mail Regulations are being amended to clarify the handling procedures for certain types of commercial mail that is undeliverable, such as incentive lettermail and addressed admail. The Regulations would specify that the procedures can be found in the Canada Postal Guide as it read on June 1, 2010.

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

These 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 amendments would come into force on registration by the Clerk of the Privy Council.

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 Certain Regulations Made Under the Canada Post Corporation Act (Miscellaneous Program).

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 CERTAIN REGULATIONS MADE UNDER THE CANADA POST CORPORATION ACT (MISCELLANEOUS PROGRAM)

NON-MAILABLE MATTER REGULATIONS

1. Item 6 of the schedule to the Non-mailable Matter Regulations (see footnote 1) is repealed.

POSTAL SERVICES INTERRUPTION REGULATIONS

2. The Postal Services Interruption Regulations (see footnote 2) are amended by adding the following after section 1:

INTERPRETATION

1.1 In these Regulations, “interruption of postal services” means a state of affairs in which, in Canada or a part of Canada, the Corporation is not capable of maintaining regular postal services by reason of a natural phenomenon, an accident, a labour dispute or any other urgent or critical situation of a temporary nature.

3. The Regulations are amended by adding the following after section 4:

5. If notice of an interruption of postal services has been given, mailable matter specified in the notice must not be accepted for transmission from or to an area in which the interruption of postal services is in effect.

UNDELIVERABLE AND REDIRECTED MAIL REGULATIONS

4. Subsection 10(2) of the Undeliverable and Redirected Mail Regulations (see footnote 3) is replaced by the following:

(2) If an item of undeliverable mail is incentive letter mail as defined in the Canada Postal Guide, addressed admail, publications mail or advertising or promotional matter addressed to householders and bears on its cover the return address of a sender in Canada, it must be handled in a manner set out in the Canada Postal Guide, as it read on June 1, 2010.

5. Subsection 12(2) of the Regulations is replaced by the following:

(2) If an item of undeliverable mail that is opened under section 11 is incentive letter mail as defined in the Canada Postal Guide, addressed admail, publications mail or advertising or promotional matter addressed to householders, it must be handled in a manner set out in the Canada Postal Guide, as it read on June 1, 2010.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

[26-1-o]

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

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

Footnote 1
SOR/90-10

Footnote 2
SOR/87-259

Footnote 3
C.R.C., c. 1298

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).