Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act: SOR/2018-276
Canada Gazette, Part II, Volume 152, Number 26
Registration
SOR/2018-276 December 7, 2018
CANADA POST CORPORATION ACT
P.C. 2018-1541 December 6, 2018
Whereas, pursuant to subsection 20(1) of the Canada Post Corporation Act footnote a, a copy of the proposed Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act, in the annexed form, was published in the Canada Gazette, Part I, on June 23, 2018 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Public Works and Government Services with respect to the proposed Regulations;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Pubic Works and Government Services, pursuant to subsection 19(1) footnote b of the Canada Post Corporation Act footnote a, approves the annexed Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act, made on August 21, 2018 by the Canada Post Corporation.
Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act
Special Services and Fees Regulations
1 The definition Universal Postal Convention in section 2 of the Special Services and Fees Regulations footnote 1 is replaced by the following:
Universal Postal Convention means the Universal Postal Convention drawn up by the Universal Postal Union at the 26th Congress, 2016. (Convention postale universelle)
Non-mailable Matter Regulations
2 Subitem 1(3) of the schedule to the Nonmailable Matter Regulations footnote 2 is replaced by the following:
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Item |
Non-mailable Matter |
|---|---|
|
1 |
(3) Letter-post items or parcels that contain dangerous or perishable items prohibited by article 19 of the Universal Postal Convention (26th Congress, 2016) and by articles VIII and IX of the Final Protocol of that Convention. |
3 Subitem 2(2) of the schedule to the Regulations is replaced by the following:
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Item |
Non-mailable Matter |
|---|---|
|
2 |
(2) Letter-post items or parcels that contain live animals prohibited by article 19 of the Universal Postal Convention (26th Congress, 2016). |
4 Subitem 3(4) of the schedule to the Regulations is replaced by the following:
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Item |
Non-mailable Matter |
|---|---|
|
3 |
(4) Letter-post items or parcels, other than those referred to in subitems 1(3) and 2(2), that contain matter prohibited by article 19 of the Universal Postal Convention (26th Congress, 2016) and by articles VIII and IX of the Final Protocol of that Convention. |
Coming into Force
5 These Regulations come into force on the day on which the Universal Postal Convention of the 26th Congress, 2016 is ratified by Canada, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Special Services and Fees Regulations and the Non-mailable Matter Regulations made reference to the Universal Postal Convention drawn up by the Universal Postal Union (UPU) at the 25th Congress, 2012, not at the most recent Congress, held in Istanbul, on October 6, 2016. Therefore, the Special Services and Fees Regulations and the Non-mailable Matter Regulations are being updated to ensure consistency with the latest Congress.
Background
The UPU is a specialized agency of the United Nations with a mandate to broaden cooperation among world postal administrations and improve the quality and efficiency of the international postal network. The Universal Postal Convention, which is drawn up by member countries of the UPU every four years, sets out the rules for international letter-post service that apply to all members of the UPU. Canada has been a member of the UPU since 1878.
Objectives
The objective of the Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act is to ensure that the Special Services and Fees Regulations and the Non-mailable Matter Regulations reflect the most recent Congress of the UPU.
Description
The amendments do not change the rules governing the payment of indemnity under the Special Services and Fees Regulations; however, a reference to the 25th Congress, 2012, is replaced with a reference to the 26th Congress, 2016.
The Non-mailable Matter Regulations made three references to the Universal Postal Convention (25th Congress, 2012) and the Final Protocol of that Convention, which contain a list of items that are prohibited in the mail. The amendments replace references to the 25th Congress, 2012, with references to the 26th Congress, 2016.
Regarding the list of prohibited items, the significant change taking place is that Cuba is reserving the right to not accept coins, banknotes, currency notes, securities or other similar items.
“One-for-One” Rule
The “One-for-One” Rule does not apply to the amendments, as there are no changes in administrative costs incurred by the business.
Small business lens
The small business lens does not apply to the amendments, as there are no costs incurred by the business.
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 Public Services and Procurement Canada and are taken into consideration in the preparation of the final regulatory proposal.
The proposed Regulations were prepublished in the Canada Gazette, Part I, on June 23, 2018. No comments were received during the 30-day consultation period, and no changes were made to the regulations following the prepublication.
Rationale
Canada is a signatory to the Universal Postal Convention, which is an international treaty. Accordingly, such references to the Universal Postal Convention must be current with the most recent Congress of the UPU.
The amendments do not result in costs to Canada Post customers.
Implementation, enforcement and service standards
The Special Services and Fees Regulations and the Non-mailable Matter Regulations are enforced by Canada Post under the Canada Post Corporation Act. Given its administrative authority, Canada Post has updated the International Destination Listing of the Canada Postal Guide with the changes resulting from the most recent UPU Congress. No increase in the cost of enforcement is expected as a result of the amendments, given their limited scope.
Contact
Grégoire Crevier
Manager
Regulatory Affairs
Canada Post Corporation
2701 Riverside Drive, Suite N0940
Ottawa, Ontario
K1A 0B1
Telephone: 613-734-7316
Email: gregoire.crevier@canadapost.ca