Bill S-244

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First Reading

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2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

senate of canada

BILL S-244

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

R.S., c. C-10

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

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

Reactivation

5.1 The Corporation shall deliver mail to all rural roadside mail boxes that were in service on September 1, 2005, unless otherwise agreed with the resident affected.

Change in Service

Change in services

5.2 Where there is a change in postal services or delivery methods in rural Canada, the Corporation shall

(a) give notice to the residents affected by the change at least six months prior to the day on which the change may come in to effect; and

(b) undertake a consultation with the residents affected, at least four months prior to the day on which the change may come in to effect, to explain the reasons for the change and explore options to address customer concerns.

2. The Act is amended by adding the following after section 13:

PART 1.1

Interpretation

Definitions

13.1 The definitions in this section apply to sections 13.2 to 13.7.

“Ombudsman”
« ombudsman »

“Ombudsman” means the person holding the office of Canada Post Ombudsman established under section 13.2;

“Standing Committee”
« comité permanent »

“Standing Committee” means the Standing Committee of the House of Commons appointed by the House to deal with matters related to postal services.

Canada Post Ombudsman

Office established

13.2 (1) There is hereby established the Office of Canada Post Ombudsman.

Function of Office

(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.

Appointment

13.3 (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 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

13.4 (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, with the information requested under subsection (3), and with the written consent of the complainant, include a request for information respecting the complainant that is confidential, and the Corporation shall, notwithstanding 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 (7) that contains such information without identifying the complainant.

Report

(6) If, after investigation, the Ombudsman is not satisfied that the Corporation has dealt fairly, reasonably and with due dispatch with the complainant, either before or after the complaint or investigation, the Ombudsman,

(a) having given written notice to the Corporation that a report will be made to the Minister, including a draft of the proposed report,

(b) having considered any representation sent to the Ombudsman by the Corporation respecting the proposed report, and made such changes in the proposed report as appear in the opinion of the Ombudsman to be warranted on the basis of such representations, and

(c) having received the prior written consent of the complainant, may report the matter in detail to the Minister, and the Minister shall reveal the report only to the officials of the Corporation.

Reports to the Standing Committee

(7) The Ombudsman may 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 the matter.

Complainant not identified

(8) A report under subsection (7) shall be in general terms and not identify a complainant.

Administrative Policies and Practices

Notice re unfair policies

13.5 (1) If the Ombudsman is of the opinion, based on complaints that have been investigated under section 13.4, 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 the Canada Post Corporation 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 responsible for the administration of the Corporation.

Report referred to the Standing Committee

(4) The minister responsible for the administration of the Corporation shall forthwith cause every report received under subsection (3) to be laid before both Houses of Parliament, and it shall be deemed to have been referred to the Standing Committee for review and report to the House of Commons.

Notice of Ombudsman’s services

13.6 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.

Annual report

13.7 The Ombudsman shall submit to the Minister by April 1 of every year a report on the functions of the Office of the Ombudsman during the previous year, and the Minister shall forthwith cause the report to be laid before both Houses of Parliament.

Offences and Penalties

False information

13.8 (1) Every complainant, member of the Corporation or other person who knowingly provides false information to the Ombudsman in connection with this Act is guilty of an offence.

Refusal to provide information

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

Punishment

(3) Every person who commits an offence under this Act is liable, on summary conviction, to a fine not exceeding $1,000 for a first offence, and to a fine not exceeding $5,000 or imprisonment for not more than six months, or to both, in the case of a second or subsequent offence.

Review

Five-year review

13.9 (1) Every five years after the coming into force of this subsection, the Minister shall review the provisions and administration of this Act.

Tabling of report

(2) The Minister shall cause a copy of the report on the review to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.

3. Paragraph 19(1)(p) of the Act is replaced by the following:

(p) providing for the closure of post offices, the termination of rural routes and the termination of letter carrier routes, but only after the required notice has been given and the consultation described in section 5.2 has taken place;

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

Explanatory Notes

Canada Post Corporation Act

Clause 1: New.

Clause 2: New.

Clause 3: Relevant portion of subsection 19(1):

19. (1) The Corporation may, with the approval of the Governor in Council, make regulations for the efficient operation of the business of the Corporation and for carrying the purposes and provisions of this Act into effect, and, without restricting the generality of the foregoing, may make regulations

. . .

(p) providing for the closure of post offices, the termination of rural routes and the termination of letter carrier routes;