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

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

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

  Chairman

  Chairman[Repealed, 2006, c. 9, s. 234]

  Chairperson

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

  Corporation

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

  library material

  library material means books, magazines, records, CDs, CD-ROMs, audiocassettes, videocassettes, DVDs and other audiovisual materials and other similar library materials. (document de bibliothèque)

  mail

  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

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

  mail contractor

  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

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

  mailable matter

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

  Minister

  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

  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

  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

  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

  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

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

  President

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

  transmit

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

  transmit by post

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

  undeliverable letter

  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 Chairperson, the President and nine other directors appointed as provided in this Act.

• Marginal note:Appointment of directors

  (2) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that 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 Chairperson, 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.

Chairperson of the Board

Marginal note:Appointment of Chairperson of the Board

• 7 (1) The Chairperson 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 Chairperson 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 Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may designate another director of the Corporation to act as the Chairperson for the time being, but no director so designated has authority to act as Chairperson 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:Chief executive officer

  (1.1) The President is the chief executive officer of the Corporation.

• 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 Chairperson, 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 Chairperson, 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 Chairperson, 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.