Special Services and Fees Regulations

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• (f) [Repealed, SOR/2010-287, s. 4]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.