2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-229

An Act to amend the Canada Post Corporation Act (letter that cannot be transmitted by post)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-10; R.S., c. 1 (2nd Supp.), c. 1 (4th Supp.); 1992, c. 1; 1993, cc. 17, 34, 44; 1994, c. 26

1. The Canada Post Corporation Act is amended by adding the following after section 40:

GOVERNMENT LOGO

Definitions

40.1 In sections 40.2 and 40.4,

``department''
« ministère »

``department'' has the same meaning as in Schedule I of the Financial Administration Act;

``logo''
« logo »

``logo'' includes a writing or a logo with a writing.

Government logo

40.2 (1) A department may cause to be sent to the Corporation an application for registration of a logo reproduced by it, or that it is intending to reproduce, on the cover of a letter to be transmitted by post by the department to a member of the public.

Registration of logo

(2) Within thirty days after the Corporation receives an application for registration, it shall, at no charge, register the logo in a registry of government logos established by it and shall cause

    (a) a certificate of registration of the logo to be sent to the department; and

    (b) a copy of the certificate of registration to be sent to the Governor in Council.

Access to registry

(3) The registry shall be open to public inspection at such place and at such reasonable hours as the Corporation may determine, and any person is entitled to make copies or, on payment of the prescribed fee, obtain copies of the registry.

Registry

40.3 (1) The Governor in Council shall make regulations

    (a) establishing a registry of government logos; and

    (b) amending the registry referred to in paragraph (a) within ten days after a certificate of registration of a government logo referred to in subsection 40.2(2) has been received by the Governor in Council to make it identical to the registry of government logos maintained by the Corporation under that subsection.

Coming into force

(2) A regulation made under subsection (1) to add a logo to the registry maintained by the Governor in Council shall come into force on a day that is five days after the date the regulation is published in the Canada Gazette.

Prohibition

40.4 No person, other than a department, shall transmit by post or cause to be transmitted by post a letter bearing on its cover a logo registered in the registry of government logos maintained by the Governor in Council under section 40.3 or a logo that is similar to such a logo.

Offence and punishment

40.5 Every person who contravenes section 40.4 is guilty of an offence punishable on summary conviction and liable

    (a) for a first offence, to a fine not exceeding $5,000; and

    (b) for each subsequent offence, to a fine not exceeding $20,000.

Transmission prohibited

40.6 (1) Notwithstanding any other section of this Act, the Corporation shall not accept at a post office a letter to be transmitted by the Corporation or transmit a letter where the Corporation is of the opinion that the letter

    (a) is an invitation to participate in a contest, lottery or game of chance, skill or mixed chance and skill;

    (b) contains a statement that the delivery of a prize or other benefit to a participant in the contest, lottery or game is, or is represented to be, conditional on the prior payment of any amount by the participant; and

    (c) is not placed in an envelope.

Disposal of letters that cannot be transmitted by post

(2) Notwithstanding any other section of this Act, the Corporation shall dispose of letters that it cannot transmit under subsection (1) in the manner it considers appropriate.

Definition

(3) For the purposes of this section, ``letter'' includes a card and a leaflet.

2. The portion of section 60 of the Act before paragraph (a) is replaced by the following:

Punishment

60. Every person who contravenes any provision of this Act, other than an offence under section 40.4, or the regulations or who commits an offence under any section 48 to 59