Special Services and Fees Regulations (C.R.C., c. 1296)

Short Title

1 These Regulations may be cited as the Special Services and Fees Regulations.

Interpretation

2 In these Regulations,

C.O.D. Service

C.O.D. Service[Repealed, SOR/91-628, s. 1]

collect on delivery service

collect on delivery service or C.O.D. service[Repealed, SOR/91-635, s. 1]

M bag

M bag[Repealed, SOR/2003-378, s. 1]

money packet

money packet[Repealed, SOR/98-559, s. 1]

postal facility

postal facility means any place authorized by the Corporation for the posting, receipt, sorting, handling, transmission or delivery of mail; (établissement postal)

special handling service

special handling service[Repealed, SOR/90-17, s. 1]

Universal Postal Convention

Universal Postal Convention means the Universal Postal Convention drawn up by the Universal Postal Union, as contained in the Decisions of the 2016 Istanbul Congress. (Convention postale universelle)

Rates of Postage — Special Services

2.1 The rates of postage for special services under these Regulations are the applicable rates set out in Schedule VII.

PART I[Repealed, SOR/91-635, s. 2]

PART IIRegistered Mail

Registration of Mail

• 6 (1) The following mailable matter shall be accepted for registration at the applicable rate set out in column II of item 1 of Schedule VII:

  • (a) letter mail as defined in the Letter Mail Regulations; and

  • (b) letters referred to in the International Letter-post Items Regulations.

• (2) [Repealed, SOR/91-635, s. 3]

• (3) [Repealed, SOR/2000-199, s. 10]

• (4) When mailable matter is accepted for registration, the Corporation shall give to the sender a receipt in a form approved by the Corporation.

• (5) [Repealed, SOR/88-441, s. 4]

• (6) and (7) [Repealed, SOR/91-628, s. 2]

• (8) The signature of the addressee or his representative shall be obtained before registered mail is delivered.

• (9) Mailable matter on which the addressee is described only by his initials or his surname, in a manner that does not permit the clear identification of the addressee, shall not be accepted for registration.

• (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.

7 [Repealed, SOR/90-17, s. 4]

Advice of Receipt

• 8 (1) An Advice of Receipt of an item of registered mail may be requested by the sender

  • (a) after the posting of an item addressed to a destination in Canada; or

  • (b) at the time of the posting of an item addressed to a destination outside Canada.

• (2) [Repealed, SOR/88-441, s. 5]

• (3) The Advice of Receipt referred to in this section shall be in a form approved by the Corporation.

PART III[Repealed, SOR/98-559, s. 3]

PART IV[Repealed, SOR/91-635, s. 4]

PART V[Repealed, SOR/90-17, s. 8]

PART VIInsurance for Registered Mail

• 16 (1) Registered mailable matter posted in Canada for delivery in Canada may be accepted for insurance against loss, rifling or damage.

• (2) When registered mailable matter is accepted for insurance, the Corporation shall give to the sender a receipt in a form approved by the Corporation.

17 [Repealed, SOR/82-25, s. 10]

• 18 (1) The following articles shall not be accepted for insurance relating to registered mailable matter:

  • (a) bank notes, coins, negotiable premium coupons and trading stamps;

  • (b) stocks, bonds, coupons or other securities negotiable by the bearer;

  • (c) lottery tickets;

  • (d) jewellery;

  • (e) precious stones and manufactured precious metals; and

  • (f) cancelled or uncancelled postage stamps.

• (2) Any item of registered mail that contains a glass or ceramic article or is of a perishable nature shall not be accepted for insurance against damage.

19 Any item of registered mail posted in Canada shall not be accepted for insurance unless it is securely wrapped with sufficient cushioning and reinforcing material as required to prevent loss of or damage to the item, damage to postal equipment or other mail and injury to persons handling the item.

20 [Repealed, SOR/95-311, s. 2]

20.1 and 21 [Repealed, SOR/90-17, s. 12]

PART VII[Repealed, SOR/88-441, s. 12]

PART VIIIPayment of Indemnity for Registered Mail Posted in Canada for Delivery in or Outside Canada

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

• 23 (1) The amount of indemnity that the Corporation is authorized to pay in respect of any claim under these Regulations regarding registered mail shall not exceed the lesser of

  • (a) the value of the mailable matter less any compensation received from any other source; and

  • (b) the amount of indemnity coverage obtained pursuant to these Regulations.

• (2) Subject to subsection (3), payment may be made in respect of loss of or damage to registered mailable matter for

  • (a) postage paid in respect of the registered mailable matter; and

  • (b) provincial sales tax paid in respect of the registered mailable matter if proof of payment of the tax is available and the Corporation is satisfied that the tax cannot be recovered.

• (3) The Corporation shall not make payments in respect of loss of or damage to registered mailable matter for

  • (a) postage paid for special services provided pursuant to these Regulations; and

  • (b) any expense incurred by the sender or the addressee in submitting his claim for a payment referred to in subsections (1) and (2).

• (4) Notwithstanding subsection (1), the Corporation may replace the contents of registered mailable matter instead of paying an indemnity.

• (4.1) Where the Corporation returns to the sender, as a result of a suspension of postal service, a registered mail item posted to a country outside Canada, the postage paid for it shall be returned to the sender.

• (5) No indemnity shall be paid pursuant to these Regulations in respect of registered mailable matter where

  • (a) the mail was a commercial shipment that was not ordered or requested by the addressee;

  • (b) the injury or damage was not a direct result of the loss, damage, delay, non-delivery or misdelivery of any mail;

  • (c) the mail was delivered without any complaint or evidence of loss, damage or rifling or no evidence of loss, damage or rifling was produced;

  • (d) the loss or damage was wholly or partially the fault of the sender;

  • (e) the damage was to mail that contained a glass or ceramic article or was of a perishable nature;

  • (f) [Repealed, SOR/2010-287, s. 4]

  • (g) a common carrier would have been exempt from legal liability;

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

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

• (6) No indemnity shall be paid pursuant to these Regulations in respect of registered mailable matter unless

  • (a) the applicable receipt issued to the sender by the Corporation is available;

  • (b) subject to subsection (9), the person claiming the indemnity submits a claim to the Corporation within the following claim periods, namely,

    • (i) within 90 days after the date of mailing in the case of items mailed in Canada for delivery within Canada, and

    • (ii) within 6 months after the date of mailing in the case of items mailed in Canada for delivery outside of Canada;

  • (c) proof is submitted by the person claiming the indemnity of the

    • (i) value of the registered mailable matter, and

    • (ii) loss, damage or rifling of the registered mail.

• (7) [Repealed, SOR/98-559, s. 4]

• (8) Subject to subsection (9), where indemnity is paid in respect of registered mailable matter pursuant to these Regulations, it shall be paid to the sender or, at the request of the sender, to the addressee.

• (9) Where the addressee, or the sender in a case where an item is returned to the sender, accepts delivery of a registered mail item posted to a country outside Canada without complaint or evidence of loss or damage and immediately after that informs the Corporation of the loss of or the damage to the item and provides proof that the loss or damage did not occur after delivery, indemnity may be paid to the addressee or the sender, as the case may be.

• (10) Where indemnity is paid for the loss of a registered mail item posted to a country outside Canada and the registered mail item is subsequently found, the sender or addressee, as the case may be, shall be informed that

  • (a) the registered mail item has been found; and

  • (b) the sender or addressee, as the case may be, may take delivery of the registered mail item within three months after being so informed on repayment of the indemnity to the Corporation.

24 [Repealed, SOR/2003-378, s. 9]

25 [Repealed, SOR/2010-287, s. 5]

PART IXPayment of Indemnity for Registered Mailable Matter Posted Outside Canada for Delivery in Canada Under the Universal Postal Convention

• 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) No indemnity shall be paid pursuant to subsection (1) unless

  • (a) [Repealed, SOR/2010-287, s. 7]

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

  • (c) proof of the loss of the registered mailable matter is submitted to the Canada Post Corporation.

• (3) No indemnity shall be paid pursuant to subsection (1) where,

  • (a) a loss is due to force majeure;

  • (b) the registered mailable matter cannot be accounted for owing to destruction by force majeure of the records of the postal administration where the loss occurred unless proof of the liability of that postal administration is submitted by the person claiming the indemnity to the Canada Post Corporation;

  • (c) the registered item contains non-mailable matter as described in the schedule to the Non-mailable Matter Regulations;

  • (d) [Repealed, SOR/2010-287, s. 7]

  • (e) [Repealed, SOR/2003-378, s. 11]

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

  • (g) damage that has occurred to the registered mailable matter is due to the nature of the contents of the mailable matter.

• (4) Where indemnity is paid pursuant to subsection (1), it shall be paid to

  • (a) the sender;

  • (b) the addressee or a third party at the request of the sender;

  • (c) the addressee, or the sender or a third party at the request of the addressee, where the addressee has taken delivery of mailable matter of which the whole of the contents has been lost or damaged; or

  • (d) the postal administration.

• (5) Where indemnity is paid pursuant to subsection (1) and the mailable matter referred to in that subsection is subsequently found,

  • (a) the sender and the addressee shall be informed that the mailable matter has been found; and

  • (b) the sender, or the addressee, if the sender requested that the indemnity be paid to the addressee pursuant to subsection (4), shall be informed that he may take delivery of the mailable matter

    • (i) within a period of three months, and

    • (ii) on repayment to the Canada Post Corporation of the amount of indemnity so paid.

• (6) For the purpose of subsections (1) to (5), registered mailable matter is lost where

  • (a) the mailable matter cannot be found by the Canada Post Corporation,

  • (b) the whole of the contents of the mailable matter has been stolen, or

  • (c) the contents of the mailable matter has been damaged and the cost of repair or replacement of the contents would exceed the depreciated value of the mailable matter when posted,

  if

  • (d) the loss, theft or damage is discovered before or at the time of delivery of the mailable matter to the addressee or, where it is returned to the sender, to the sender; and

  • (e) in the case of mailable matter referred to in paragraphs (b) and (c), the packing of the mailable matter was recognized by the Canada Post Corporation as reasonably sufficient to protect the mailable matter against risk of theft or damage.