Mailbox Exclusive Use (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2319
Page Categories:	Hearing Process (LTB)
Citation:	Mailbox Exclusive Use (LTB), CLNP 2319, <https://rvt.link/cw>, retrieved on 2024-11-24
Editor:	MKent
Last Updated:	2024/08/22

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Canada Post Corporation Act (R.S.C., 1985, c. C-10)

14 (1) Subject to section 15, the Corporation has the sole and exclusive privilege of collecting, transmitting and delivering letters to the addressee thereof within Canada.

(2) Nothing in this Act shall be construed as requiring any person to transmit by post any newspaper, magazine, book, catalogue or goods.

15 (1) The exclusive privilege referred to in subsection 14(1) does not apply to

(a) letters carried incidentally and delivered to the addressee thereof by a friend of the sender or addressee;

(b) commissions, affidavits, writs, processes or proceedings issued by a court of justice;

(c) letters lawfully brought into Canada and forthwith posted thereafter;

(d) letters concerning goods for delivery therewith, carried by a common carrier without pay, reward, advantage or profit for so doing;

(e) letters of an urgent nature that are transmitted by a messenger for a fee at least equal to an amount that is three times the regular rate of postage payable for delivery in Canada of similarly addressed letters weighing fifty grams;

(f) letters of any merchant or owner of a cargo vessel or the cargo therein that are carried by such vessel or by any employee of such merchant or owner and delivered to the addressee thereof without pay, reward, advantage or profit for so doing;

(g) letters concerning the affairs of an organization that are transmitted between offices of that organization by an employee thereof;

(h) letters in the course of transmission by any electronic or optical means; and

(i) letters transmitted by any naval, army or air forces of any foreign country that are in Canada with the consent of the Government of Canada.

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

(a) prescribing, for the purposes of this Act and the regulations, what is a letter and what is non-mailable matter and undeliverable mail, other than undeliverable letters, and providing for the disposition of non-mailable matter, undeliverable mail and mail on which sufficient postage is not paid, including the disposition of anything found therein;

(b) classifying mailable matter, including the setting of standards for any class thereof;

(c) prescribing the conditions under which mailable matter may be transmitted by post;

(r) dealing with any matter that any provision of this Act contemplates being the subject of regulations; and

(s) providing for the operation of any services or systems established pursuant to this Act.

Mail Receptacles Regulations (SOR/83-743)

10 Where a mail delivery service is inaugurated or extended to serve an area, delivery shall be effected to buildings in that area, subject to the following conditions:

(b) delivery shall be effected to an apartment building if

(i) the apartment building has a central office located adjacent to the main entrance of the building to which mail may be delivered for all occupants, or

(ii) the apartment building is equipped with a mail box assembly constructed and located in accordance with the specifications set out in Schedule III;

(c) delivery shall be effected to parcel compartment units in an apartment building or office complex if the conditions set out in Schedule IV are complied with;

(d) subject to paragraph (e), delivery shall be effected to a place of business that has not installed a mail receiving facility that complies with the requirements of Schedule II, if

(i) the employee of the Corporation delivering the mail is able to enter the place of business, and

(ii) personal delivery of the mail can be made at or near the entrance of the place of business to its addressee or the recognized representative of an addressee;

(h) delivery shall not be effected to any apartment building, commercial building or office complex where the main entrance is kept locked unless a lock provided by the Corporation is installed in such a manner that a post office representative can gain easy access to the building or complex or unless some other satisfactory arrangement has been made for such access with the local postmaster.

...

SCHEDULE III
(Paragraph 10(b) and Sch. V)
Specifications for Mail Box Assemblies

1 Every mail box assembly shall be located adjacent to the main entrance of the apartment building and be readily accessible to a post office representative.

3 The interior of each mail box in a mail box assembly shall measure

(a) at least 35 cm in length; and

(b) at least 7.5 cm each in height and width and

(i) in the case where one of those dimensions measures less than 12.5 cm, the other dimension shall measure at least 25 cm, and

(ii) in the case where one of those dimensions measures 12.5 cm or more, the other dimension shall measure at least 13.5 cm.

4 Every mail box assembly shall be constructed and installed in such a manner as to prevent

(a) loss or entrapment of mail;

(b) damage to mail; and

(c) injury to a post office representative.

5 Each box in a mail box assembly shall be equipped with a door through which mail may be obtained and every such door shall be equipped with a lock.

6 Each box in a mail box assembly must have a holder in which the apartment number of the tenant may be placed in such a manner that the number is readily visible to the post office representative who is placing mail in the box.

7 Every mail box assembly shall be constructed so that a post office representative has ready access to the mail boxes in the assembly by means of

(a) a master lock on the front of the assembly installed not more than 170 cm or less than 45 cm from the finished floor level;

(b) an enclosed room at the rear of the assembly having a working space of at least 90 cm in width; or

(c) where there is an open space or public foyer at both the front and rear of the assembly and the means of access described in paragraphs (a) and (b) are not reasonably obtainable, a cupboard type door on the rear of the assembly that

(i) when closed, prevents unauthorized entry,

(ii) is constructed of metal,

(iii) is hinged so that the hinge or hinge pin cannot be removed from the outside when the doors are closed, and

(iv) has a master lock that is firmly anchored through the entire thickness of the door.

8 (1) The master door of access to a mail box assembly shall be fitted with a lock obtained from the Corporation.

(2) The lock shall be fitted so that, when it is locked, the bolt is engaged in metal to a depth of at least 6 mm.

9 The installation of the lock referred to in section 8 shall be supervised by the local postmaster who shall retain custody of the key for the lock.

10 Any signalling or communication device or other equipment with a function not related to mail delivery that is installed in conjunction with a mail box assembly shall not permit or require access to the interior of the mail box assembly in order to use or maintain the device or equipment.