Bill S-219

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First Reading

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3rd Session, 40th Parliament,

59 Elizabeth II, 2010

senate of canada

BILL S-219

An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman)

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

CANADA POST CORPORATION ACT

1. The Canada Post Corporation Act is amended by adding the following after section 5:

Postal Services in Rural Areas

Resumption of service

5.1 (1) Subject to this section, the Corporation shall provide mail delivery service to every rural mail box that was serviced by the Corporation on September 1, 2005.

Exception

(2) The Corporation need not provide mail delivery service to a rural mail box if

(a) the Corporation is of the opinion that doing so would pose an undue risk to health or safety and that the risk posed could not reasonably be dealt with by relocating the mail box, or taking other measures, at the Corporation’s expense; or

(b) the affected boxholder and the Corporation agree otherwise.

Application

(3) This section applies to the Corporation as of the day that is six months after the day on which it comes into force.

For greater certainty

(4) For greater certainty, subsection (1) does not limit the duty of the Corporation to maintain basic customary postal service, including mail delivery service to rural mail boxes.

Change in rural postal services

5.2 (1) Where the Corporation proposes to change the mail delivery or other postal service in a rural area, including any mail delivery service provided under section 5.1, the Corporation shall

(a) give notice in writing to the residents who will be affected by the proposed change at least six months before the date on which the change is to come into effect; and

(b) undertake a consultation with the residents who will be affected, at least four months before the date on which the change is to come into effect, to explain the reasons for the change and explore options to address the residents’ concerns.

Application

(2) For greater certainty, subsection (1) applies whether the proposed change is to be effected by the making of regulations under subsection 19(1) or by any other means.

2. The Act is amended by adding the following after section 34:

PART I.1

OFFICE OF THE CANADA POST OMBUDSMAN

Interpretation

Definitions

34.1 The following definitions apply in this Part.

“Ombudsman”
« ombudsman »

“Ombudsman” means the person holding the office of Canada Post Ombudsman established under section 34.2.

“Standing Committee”
« comité permanent »

“Standing Committee” means the standing committee of the House of Commons that normally considers matters relating to postal services or any other committee that the House may designate or establish for the purposes of this Part.

Canada Post Ombudsman

Office established

34.2 (1) There is hereby established the office of Canada Post Ombudsman.

Function of Ombudsman

(2) The function of the Canada Post Ombudsman is

(a) to investigate administrative difficulties as to fairness, reasonableness and promptness encountered by persons in their dealings with the Corporation;

(b) to review the policies and practices applied in the administration of the Corporation’s services with respect to fairness, reasonableness and promptness; and

(c) to make reports on cases where difficulties are not satisfactorily resolved or where policies and practices are not adequately adjusted on the Ombudsman’s request.

Notice of Ombudsman’s function

(3) The Corporation shall post, at every place where it regularly receives members of the public, a notice in the form prescribed by the Ombudsman, describing the function of the office of the Ombudsman and the means of contacting the office.

Appointment

34.3 (1) The Governor in Council shall appoint a Canada Post Ombudsman recommended by the Minister from a list of persons nominated by the Standing Committee.

Term and removal

(2) The Ombudsman holds office during good behaviour for a term of five years, but may be

(a) removed by the Governor in Council at any time on a resolution of the House of Commons following a report recommending removal by the Standing Committee; or

(b) suspended by the Governor in Council, on the recommendation of the Minister made at any time when the House is adjourned for a period of four weeks or more or is dissolved, for a period expiring no later than 30 days after the day the House next sits.

Acting Ombudsman

(3) In the event of the absence, incapacity or suspension of the Ombudsman, the Governor in Council may, on the recommendation of the Minister, appoint another person to act as Ombudsman until the Ombudsman returns, the suspension is terminated or another Ombudsman is appointed, as the case may be.

No more than two terms

(4) No person may serve more than two terms as Ombudsman.

Remuneration

(5) The Ombudsman shall receive such remuneration, benefits and reimbursement of expenses as is ordered by the Governor in Council.

Part of the federal public administration

(6) The office of the Ombudsman is deemed to be a part of the federal public administration.

Staff

(7) The Ombudsman may hire, under the Public Service Employment Act, such officers and staff as are necessary to conduct the work of the office.

Complaints and Investigations

Complaints

34.4 (1) Any person who claims to have encountered administrative difficulties as to fairness, reasonableness and promptness in their dealings with the Corporation may make a complaint to the Ombudsman.

Investigations

(2) The Ombudsman shall investigate those complaints received under subsection (1) that show reasonable grounds to believe that there has been unfair or unreasonable treatment or unreasonable delay by the Corporation.

Information

(3) For the purposes of an investigation, the Ombudsman may request, from the Corporation, information that is relevant to the complaint being investigated, and the Corporation shall provide the information requested.

Confidential information

(4) The Ombudsman may, under subsection (3), with the written consent of the complainant, include a request for information respecting the complainant that is confidential, and the Corporation shall, despite any other Act of Parliament, provide the information covered by the consent.

Information kept confidential

(5) The Ombudsman shall keep confidential all information provided by the Corporation under subsection (4), except as necessary for a report under subsection (8) that contains such information without identifying the complainant.

Report to Minister

(6) If, after investigation, the Ombudsman is not satisfied that the Corporation has dealt fairly, reasonably and promptly with the complainant, either before or after the complaint or investigation, the Ombudsman may, with the written consent of the complainant, make a report on the matter to the Minister, and the Minister shall disclose the report only to the Corporation.

Conditions

(7) Before making a report to the Minister under subsection (6), the Ombudsman shall

(a) give written notice to the Corporation that a report will be made to the Minister;

(b) provide the Corporation with a copy of the proposed report;

(d) make the changes to the proposed report that the Ombudsman considers to be warranted on the basis of the representations.

Reports to the Standing Committee

(8) The Ombudsman shall make reports from time to time to the Standing Committee on matters that the Ombudsman has investigated and reported on to the Corporation under subsection (6) if the Ombudsman is not satisfied with the action taken by the Corporation in respect of those matters.

Complainant not identified

(9) A report under subsection (8) shall be in general terms and not identify a complainant.

Administrative Policies and Practices

Notice regarding unfair policies

34.5 (1) If the Ombudsman is of the opinion, based on complaints that have been investigated under section 34.4, that the Corporation’s policies and practices result in unfair or unreasonable treatment or unreasonable delays in dealing with persons in respect of services under this Act, the Ombudsman may give notice to the Corporation of the changes that the Ombudsman considers should be made.

Changes to be made

(2) Within 90 days after receiving a notice under subsection (1), the Corporation shall advise the Ombudsman of the changes that will be made in the Corporation’s policies and practices.

Changes unsatisfactory or not made

(3) If the Ombudsman is not satisfied with the changes proposed by the Corporation under subsection (2), or if on investigation the Ombudsman finds that the proposed changes have not been made, the Ombudsman shall submit a report on the matter to the Minister.

Report referred to the Standing Committee

(4) The Minister shall, as soon as possible after receiving a report under subsection (3), cause it to be laid before each House of Parliament, and the report shall be deemed to have been referred to the Standing Committee for review and report to the House of Commons.

Annual Report

Annual report

34.6 The Ombudsman shall, before April 1 in each year, submit to the Minister a report on the functions of the office of the Ombudsman during the previous year, and the Minister shall cause the report to be laid before each House of Parliament as soon as possible after receiving it.

Offences and Punishment

False or misleading information

34.7 (1) Every person commits an offence who knowingly provides false or misleading information to the Ombudsman in relation to any matter under this Act.

Refusal to provide information

(2) Every person commits an offence who refuses or fails to provide information requested by the Ombudsman under the authority of this Act.

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an offence punishable on summary conviction.

3. The Act is amended by adding the following after section 61:

Review

Five-year review

61.1 (1) The Minister shall, five years after the day on which this section comes into force and every five years after that, undertake a review of the operation of sections 5.1 and 5.2 and Part I.1.

Tabling of report

(2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

COMING INTO FORCE

Coming into force

4. (1) Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.

Royal recommendation

(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and such moneys have been appropriated by Parliament.

Published under authority of the Senate of Canada

Available from:
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Explanatory Notes

Canada Post Corporation Act

Clause 1: New.

Clause 2: New.

Clause 3: New.