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

Financial

Marginal note:Authorized capital

• 27.1 (1) The Corporation has an authorized capital consisting of an unlimited number of shares of such classes as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, prescribe by by-law.

• Marginal note:Classes of shares

  (2) Each class of shares of the Corporation has such rights, privileges, restrictions and conditions, and each shareholder and the Corporation have such rights and are subject to such restrictions in respect of the shares, as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, prescribe by by-law.

• Marginal note:By-laws

  (3) Without limiting the generality of subsection (2), the by-laws may

  • (a) prescribe voting rights, rights of shareholders to require redemption, rights of the Corporation to redeem, restrictions or prohibitions on transfer, procedures for the enforcement of the restrictions or prohibitions, and rights on liquidation;

  • (b) attach rights, privileges, restrictions or conditions only to shares held by employees of the Corporation or only to shares held in trust for Her Majesty in right of Canada; and

  • (c) be inconsistent with any provision referred to in section 27.

• Marginal note:Restriction

  (4) No shares of the Corporation may be held or beneficially owned by any person, other than

  • (a) Her Majesty in right of Canada or a trustee for Her Majesty in right of Canada; or

  • (b) an employee of the Corporation or a trustee for an employee of the Corporation.

• Marginal note:Idem

  (5) Not more than ten per cent of the issued and outstanding shares of the Corporation may be held or beneficially owned by the employees of the Corporation.

Marginal note:Issue of shares to Minister

• 27.2 (1) The Corporation is authorized to issue to the Minister, and the Minister is authorized to acquire, shares of the Corporation in substitution for the equity of the Corporation held by or on behalf of Her Majesty in right of Canada.

• Marginal note:Registration of shares

  (2) Shares of the Corporation acquired by the Minister shall be registered in the name of the Minister in the books of the Corporation and shall be held by the Minister in trust for Her Majesty in right of Canada.

• Marginal note:Consideration

  (3) Subsection 25(3) of the Canada Business Corporations Act does not apply in respect of the first issue of shares to the Minister.

• Marginal note:Exclusive right to vote

  (4) The shares held by the Minister have the exclusive right to vote at meetings of the shareholders of the Corporation.

• Marginal note:Allocation

  (5) The amount standing to the credit of the Equity of Canada on the balance sheet of the Corporation as at the date of the first issue of shares to the Minister shall be equal to the net asset value of the Corporation on that date and shall be allocated, in such amounts as the Board, with the approval of the Minister and the Treasury Board, may determine, to the initial stated capital for the class of those shares and to one or more contributed surplus accounts, if any.

• Marginal note:Net asset value

  (6) For the purposes of subsection (5), the net asset value of the Corporation on the date of the first issue of shares to the Minister is such amount as the Board, with the approval of the Treasury Board, deems appropriate, and any difference from the net asset value as reflected on the last audited balance sheet of the Corporation before that date shall be reflected as a charge or credit, as appropriate, to the Equity of Canada on the balance sheet of the Corporation for that date.

• Marginal note:Presumption

  (7) For the purposes of subsections (5) and (6), the date of the first issue of shares to the Minister shall be deemed to be such date as the Board, with the approval of the Treasury Board, may determine, which date may be before the date on which the determination is made.

Marginal note:Issue or transfer of shares to employees

• 27.3 (1) The Minister, the Corporation and any subsidiary of the Corporation are authorized to issue or transfer to, and to purchase from, directly or indirectly, employees of the Corporation non-voting shares of the Corporation in accordance with such plan as the Board may, with the approval of the Governor in Council on the recommendation of the Minister, the Minister of Finance and the Treasury Board, establish by by-law.

• Marginal note:Consideration

  (2) Notwithstanding subsections 25(3) and (4) of the Canada Business Corporations Act, a by-law establishing a plan referred to in subsection (1) may authorize the issue of the shares for no consideration or for such consideration as the by-law may prescribe.

Marginal note:Dividends

27.4 Subject to section 42 of the Canada Business Corporations Act and sections 130.1 and 130.2 of the Financial Administration Act, the Corporation shall declare and pay a dividend on the issued and outstanding shares of the Corporation in such form and amount as the Board may determine in accordance with the rights, privileges, restrictions and conditions attaching to the shares.

Marginal note:Borrowing power

28 The Corporation may

• (a) borrow money on the credit of the Corporation; and

• (b) issue or reissue, sell or pledge debt obligations, secured or unsecured, of the Corporation.

Marginal note:Government assistance

29 The Minister of Finance, on the application of the Corporation approved by the Minister, may, with the approval of the Governor in Council, lend money to the Corporation from the Consolidated Revenue Fund on such terms and conditions as are approved by the Governor in Council.

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.