Special Services and Fees Regulations

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• (a) [Repealed, SOR/2010-287, s. 7]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• (d) [Repealed, SOR/2010-287, s. 7]

• (e) [Repealed, SOR/2003-378, s. 11]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