GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Post Corporation Act — C-10 20
Publication of proposed regulation 20 (1) Subject to subsection (2), a copy of each regulation that the Corporation proposes to make under subsection 19(1) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto. Single publication sufficient (2) No proposed regulation need be published more than once under subsection (1) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection. Submission to Governor in Council (3) Where a proposed regulation has been published pursuant to subsection (1) and has not been withdrawn by the Corporation within sixty days after such publication, the Minister shall forthwith thereafter submit the regulation or, if the regulation has been amended by the Corporation, the amended regulation, to the Governor in Council for consideration. Action on receipt of regulation (4) Forthwith after receiving a regulation made pursuant to subsection 19(1) for submission to the Governor in Council for consideration, the Clerk of the Privy Council shall send to the Corporation a letter acknowledging his receipt of the regulation and indicating the date of such receipt. Presumption (5) Every regulation made pursuant to subsection 19(1) is deemed to have been approved by the Governor in Council sixty days after the day it is received by the Clerk of the Privy Council for submission to the Governor in Council for consideration, unless the Governor in Council has previously approved or refused to approve the regulation. 1980-81-82-83, c. 54, s. 17
Canada Post Corporation Act — C-10 21
Setting of postage otherwise than by regulation 21 Notwithstanding subsection 19(1) or any regulation made pursuant to that subsection, the Corporation may prescribe rates of postage otherwise than by regulation for any person who has entered into an agreement with the Corporation for (a) the variation of rates of postage on the mailable matter of that person in consideration of his mailing in bulk, preparing the mailable matter in a manner that facilitates the processing thereof or receiving additional services in relation thereto; or (b) the provision of experimental services related to the business of the Corporation for any period not exceeding three years. R.S., 1985, c. C-10, s. 21; 1994, c. 26, s. 18
Canada Post Corporation Act — C-10 21.1
Library book rate 21.1 The Corporation may, with the approval of the Governor in Council, enter into an agreement with Her Majesty in right of Canada to continue the reduced rate of postage for library books. 2013, c. 10, s. 3
Canada Post Corporation Act — C-10 21.2
Ten-year review 21.2 (1) Five years after this Act comes into force, and every ten years thereafter, the Minister must have a review undertaken of the definition library material and of the operation of paragraph 19(1)(g.1). Report to Parliament (2) Within one year after the review is undertaken, the Minister must submit to Parliament a report on the review. Reference to parliamentary committee (3) The report stands referred to the committee of the House of Commons, or of both Houses of Parliament, that is designated or established for that purpose, which shall (a) as soon as possible thereafter, review the report; and (b) report to the House of Commons, or to both Houses of Parliament, within one year after the laying of the report of the Minister or any further time that the House of Commons, or both Houses of Parliament, may authorize. 2013, c. 10, s. 3
Canada Post Corporation Act — C-10 22
Directives 22 (1) In the exercise of its powers and the performance of its duties, the Corporation shall comply with such directives as the Minister may give to it. Application of Financial Administration Act (2) Subsections 89(2) to (6) and section 153 of the Financial Administration Act apply, with such modifications as the circumstances require, to a directive given under subsection (1) as though it were a directive referred to in those provisions. Compensation (3) Where the Governor in Council is satisfied that the Corporation has sustained or is likely to sustain financial loss in complying with any directive given to it under subsection (1) or section 89 of the Financial Administration Act , he may compensate the Corporation for that loss and for that purpose he may (a) require an audit of the books and records of the Corporation to determine the amount of the loss; (b) determine the amount of the compensation that may be paid or the manner of calculating such amount, including the setting of a maximum amount; and (c) determine the manner in which and the time when the compensation may be paid. Appropriation (4) The amount of any compensation under this section shall be paid out of moneys appropriated by Parliament therefor. Tabling in Parliament (5) The Minister shall cause an estimate of any increased costs or losses likely to be incurred by the Corporation as a result of complying with any directive given to it under subsection (1) or section 89 of the Financial Administration Act to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day the directive was so given. 1980-81-82-83, c. 54, s. 20; 1984, c. 31, s. 14
Canada Post Corporation Act — C-10 23
Agent of Her Majesty 23 The Corporation is, for the purposes of this Act, an agent of Her Majesty in right of Canada. 1980-81-82-83, c. 54, s. 22; 1984, c. 31, s. 14
Canada Post Corporation Act — C-10 24
Contracts 24 The Corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty. 1980-81-82-83, c. 54, s. 22; 1984, c. 31, s. 14
Canada Post Corporation Act — C-10 25
Winding-up 25 No Act relating to the winding-up of a corporation applies in respect of the Corporation and in no case shall the affairs of the Corporation be wound up unless Parliament so provides. 1980-81-82-83, c. 54, s. 24
Canada Post Corporation Act — C-10 26
Public Servants Inventions Act 26 Notwithstanding section 9 of the Public Servants Inventions Act , the administration and control of any invention made by an officer or employee of the Corporation and vested in Her Majesty by that Act and any patent issued with respect thereto are vested in the Corporation, and any money received by the Corporation in the course of the administration and control of the invention or patent may be retained by the Corporation and used for its own purposes. 1980-81-82-83, c. 54, s. 26
Canada Post Corporation Act — C-10 27
Canada Business Corporations Act 27 (1) The definitions “beneficial ownership”, “debt obligation”, “redeemable share”, “security”, “security interest” and “special resolution” in subsection 2(1) and sections 23 to 26, 34, 36 to 38 (except subsection 38(6)), 42, 43, 50, 172 and 257 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of the Corporation as if the references therein to articles were references to the by-laws of the Corporation. Assets of Corporation (2) For the purposes of applying subsections 34(2), 36(2) and 38(3) and section 42 of the Canada Business Corporations Act in respect of the Corporation, the assets held by the Corporation as an agent of Her Majesty in right of Canada shall be deemed to be assets of the Corporation. R.S., 1985, c. C-10, s. 27; 1993, c. 17, s. 1; 1994, c. 24, s. 34(F); 2001, c. 14, s. 236
Canada Post Corporation Act — C-10 27.1
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. 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. 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. 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. 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. 1993, c. 17, s. 2
Canada Post Corporation Act — C-10 27.2
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. 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. 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. 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. 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. 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. 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. 1993, c. 17, s. 2; 1994, c. 24, s. 34(F)
Canada Post Corporation Act — C-10 27.3
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. 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. 1993, c. 17, s. 2; 1994, c. 24, s. 34(F)
Canada Post Corporation Act — C-10 27.4
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. 1993, c. 17, s. 2; 1994, c. 24, s. 34(F)
Canada Post Corporation Act — C-10 28
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. 1980-81-82-83, c. 54, s. 28; 1984, c. 31, s. 14
Canada Post Corporation Act — C-10 29
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. 1980-81-82-83, c. 54, s. 28
Canada Post Corporation Act — C-10 30
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. 1980-81-82-83, c. 54, s. 28
Canada Post Corporation Act — C-10 31
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. 1980-81-82-83, c. 54, s. 29
Canada Post Corporation Act — C-10 32
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. 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. 1980-81-82-83, c. 54, s. 29
Canada Post Corporation Act — C-10 34
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. 1980-81-82-83, c. 54, s. 32; 1984, c. 31, s. 14
Canada Post Corporation Act — C-10 35
Governor General 35 (1) Subject to regulations made pursuant to section 36, mail to or from the Governor General is free of postage. 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. 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”. 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. 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. R.S., 1985, c. C-10, s. 35; 2004, c. 7, s. 6; 2006, c. 9, s. 4; 2015, c. 36, s. 123; 2017, c. 20, s. 158
Canada Post Corporation Act — C-10 36
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). 1980-81-82-83, c. 54 s. 34
Canada Post Corporation Act — C-10 37
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. 1980-81-82-83, c. 54, s. 35
Canada Post Corporation Act — C-10 38
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. 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. 1980-81-82-83, c. 54, s. 36
Canada Post Corporation Act — C-10 39
39 [Repealed before coming into force, 2008, c. 20, s. 3]
Canada Post Corporation Act — C-10 40
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. 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. 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. 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. R.S., 1985, c. C-10, s. 40; R.S., 1985, c. 1 (2nd Supp.), s. 170; 2000, c. 17, s. 86; 2001, c. 41, s. 77; 2005, c. 38, ss. 142, 145
Canada Post Corporation Act — C-10 41
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. Idem (2) The Corporation may open any undeliverable mail, including any undeliverable letters. R.S., 1985, c. C-10, s. 41 2023, c. 26, s. 509
Canada Post Corporation Act — C-10 42
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. 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. 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 . 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. 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. 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. R.S., 1985, c. C-10, s. 42; R.S., 1985, c. 1 (2nd Supp.), s. 171; 2000, c. 17, s. 87; 2001, c. 25, s. 87, c. 41, s. 78
Canada Post Corporation Act — C-10 43
Interim prohibitory order 43 (1) Where the Minister believes on reasonable grounds that any person (a) is, by means of mail, (i) committing or attempting to commit an offence, or (ii) aiding, abetting, counselling or procuring any other person to commit an offence, (b) with intent to commit an offence, is using mail to accomplish his object, or (c) is, by means other than mail, aiding, abetting, counselling or procuring any other person to commit an offence by means of mail, the Minister may make an order (in this section and in sections 44 to 47 called an “interim prohibitory order”) prohibiting the delivery, without the consent of the Minister, of mail addressed to or posted by that person (in this section and in sections 44 to 47 called the “person affected”). Notice (2) Within ten days after the making or reinstating of an interim prohibitory order, the person affected shall be sent, by registered mail at his latest known address, notice (a) of the order and the reasons therefor; (b) that he may within ten days after the date the notice was sent, or such longer period as the Minister may allow, request in writing a review of the matter by a Board of Review; and (c) of the provisions of sections 46 and 59. 1980-81-82-83, c. 54, s. 41
Canada Post Corporation Act — C-10 44
Board of Review 44 (1) Where the Minister receives a request referred to in paragraph 43(2)(b) within the period stipulated therein, he shall appoint a Board of Review consisting of three members to review the matter and shall refer the material and evidence considered by him in making the interim prohibitory order to the Board. Qualification (2) At least one member of a Board of Review shall be a person entitled to practise law in a province. Idem (3) No director, officer, employee or agent of the Corporation is eligible to be appointed or to continue as a member of a Board of Review. Powers of Board (4) A Board of Review has all the powers of a commissioner under Part I of the Inquiries Act . Opening of mail (5) A Board of Review, with the consent of the person affected, may open and examine any mail detained pursuant to subsection 47(3). 1980-81-82-83, c. 54, s. 41