SOR/85-56719856

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20196

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CANADA POST CORPORATION ACTDeficient Postage RegulationsRegulations Respecting Mailable Matter Bearing No Postage or Insufficient PostageP.C.1985-195419856

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Whereas a copy of the proposed Regulations were published in the Canada Gazette Part I on April 10, 1985 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister with respect thereto.Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 17(1) of the Canada Post Corporation Act*, is pleased hereby to approve the annexed Regulations respecting mailable matter bearing no postage or insufficient postage, made by the Canada Post Corporation, effective September 1, 1985.*S.C. 1980-81-82-83, c. 54Short Title

1These Regulations may be cited as the Deficient Postage Regulations.

Interpretation

2In these Regulations,deficient postage means the amount by which the postage payable on mailable matter has not been paid; (affranchissement insuffisant)deficient postage item means any item of mailable matter having deficient postage. (envoi insuffisamment affranchi)SOR/2000-199, s. 26

Application

3These Regulations apply in respect of mailable matter posted in Canada for transmission by post and delivery in or outside Canada.SOR/87-158, s. 1; SOR/87-683, s. 1; SOR/88-435, s. 1; SOR/90-11, s. 1

General Conditions

4Subject to subsection 5(1), a deficient postage item shall be returned to the sender.

5(1)A deficient postage item shall be forwarded to the addressee where(a)a charge is payable pursuant to the Undeliverable and Redirected Mail Regulations for redirected mail;(b)the item bears no return address; or(c)the addressee has agreed, by means of a written service agreement, to accept deficient postage items and pay to the Corporation the amount referred to in subsection (3).(2)Where a deficient postage item is forwarded to the addressee pursuant to paragraph (1)(a) or (b) and accepted by the addressee, the deficient postage plus the deficient postage rate set out in section 6 are payable by the addressee.(3)Where, pursuant to paragraph (1)(c), a deficient postage item is forwarded to the addressee, the amount specified in the agreement referred to in paragraph (1)(c) plus the deficient postage rate set out in section 6 are payable by the addressee.(4)Notwithstanding subsections (2) and (3), where a deficient postage item is posted in Canada for transmission by post and delivery outside Canada, the deficient postage rate shall not apply.SOR/88-435, s. 2

Deficient Postage Rate

6The rate for a deficient postage item that is forwarded to the addressee pursuant to section 5 is the rate established by the Corporation.SOR/88-435, s. 3; SOR/90-11, s. 2; SOR/90-797, s. 1; SOR/91-623, s. 1; SOR/91-637, s. 1