Post Office Act, 1867

The term " British Packet Postage " means the postage due on the conveyance of letters by British Packet Boats, between the United Kingdom and British North America ;—And the term " British Postage " includes all Postage not being Foreign, Colonial or Canadian ;

The expression " employed in the Canada Post Office " applies to any person employed in any business of the Post Office of Canada ;

The term " Post Letter " means any letter transmitted or deposited in any Post Office to be transmitted by the Post ;—And a letter shall be deemed a Post Letter from the time of its being so deposited or delivered at a Post Office, to the time of its being delivered to the party to whom it is addressed, and a delivery to any person authorized to receive letters for the Post, shall be deemed a delivery at the Post Office and a delivery of any letter or other mailable matter at the house or office of the person to whom the letter is addressed, or to him, or to his servant or agent, or other person considered to be authorized to receive the letter or other mailable matter, according to the usual manner of delivering that person's letters, shall be a delivery to the person addressed ;

The term " Mailable Matter " includes any letter, packet, parcel, newspaper, book or other thing which by this Act or by any Regulation made in pursuance of it, may be sent by Post ;

The term " Post Letter Bag " includes a Mail Bag or Box, or Packet or Parcel, or other envelope or covering in which mailable matter is conveyed, whether it does or does not actually contain mailable matter ;

The term " any Post Office " means any building, room, street letter box, receiving box or other receptacle, or place where Post Letters or other mailable matter are received or delivered, sorted, made up or dispatched ;

The term " Valuable Security " includes the whole or any part of any tally, order or other security or document whatsoever entitling or evidencing the title of any party to any share or interest in any Public Stock or Fund, whether of Canada, or of the United Kingdom, or of any British Colony or Possession, or of any Foreign Country, or in any Fund or Stock of any Body Corporate, Company or Society in Canada or elsewhere, or to any deposit in any Savings' Bank, or the whole or any part of any Debenture, Deed, Bond, Post Office Money Order, Bank Note, Bill Note, Cheque, Warrant or order or other security for the payment of money, or for the delivery or transfer of any goods, chattels or valuable thing, whether in Canada or elsewhere ;

And the term " between " when used with reference to the transmission of letters or other things, applies equally to such transmission from either place to the other.

2. All Laws in force in the Provinces of Canada, Nova Scotia or New Brunswick, at the Union thereof, on the first of July, one thousand eight hundred and sixty-seven, in respect to the Postal Service, and continued in force by the British North America Act, 1867, shall be and the same are hereby repealed, except as to any act done or performed in virtue of the same, and except in respect of any postage duties which may have become payable under the same, or any proceedings for the recovery of such duties, and except also as to any offence committed against the provisions of the said Laws hereby repealed, and any Fine or Penalty incurred by reason of any such offence, or any proceeding for the recovery of any such Fine or Penalty or for the punishment of any offender.

3. Except in so far as it may be otherwise provided in any case by the proper authority under this Act, or any other Act of the Parliament of Canada,—all Post Offices and Postal Divisions, Stations, Districts and Establishments in Canada, and all commissions or appointments of any officers or persons employed in managing the said Posts and Post Communications, or in collecting or accounting for Postage duties and dues, in force at the time when this Act comes into force, shall continue and remain in force, and the nature of the duties and local extent of the powers of each Office, and the salary and emoluments of the Officer, shall remain the same as if such commissions or appointments had been granted or made under the authority of this Act, subject always to the provisions hereinafter made.

4. And all bonds given by such Officers or persons or their sureties, and all contracts, agreements or engagements made by any party with or to any such Officer or person, shall remain in full force and effect, and shall be construed and have effect to all intents and purposes as if made and entered into with express reference to this Act, and for the performance of the duties which under this Act may be lawfully assigned to or discharged by such Officers and persons respectively ;—

And any contract for the conveyance of Her Majesty's Mails, or for any other service to be performed with reference to the Post Office, shall be construed as a contract for the conveyance of Her Majesty's Mails under this Act, and for the performance of the services therein contracted for, for Her Majesty's Canada Post Office, and the fufilment of such contract may be enforced accordingly under this Act, payment for such services being made out of Canada Funds, but performance otherwise according to the terms of such contract.

5. And every regulation and departmental order not inconsistent with this Act, and not providing for a matter for which provision is made by this Act, made by any then competent authority, to guide or direct such Officers or persons in the performance of their duties, or to confer, define or regulate their powers and the exercise thereof, shall remain in full force and effect, unless and until such regulation or order is abrogated or provision is made in the like matter by some regulation or order made by competent authority under this Act.

6. Any Act of the Parliament of Canada respecting the Collection and Management of the Revenue, the Auditing of Public Accounts, and the liability of Public Accountants, shall apply to the said Posts and Post Communications, and to the Officers and persons employed in managing the same, or in collecting or accounting for the duties and dues aforesaid, except in so far as any provision of such Act is not susceptible of such application or is inconsistent with any provision of this Act.

7. There shall be at the Seat of Government of Canada a Post Office Department for the superintendence and management of the Postal Service of Canada, under the direction of a Postmaster General.

8. The Postmaster General shall be appointed by Commission under the Great Seal of Canada, and shall hold his office during pleasure.

9. The Governor may appoint all Postmasters in cities and towns having salaries.

10. The Postmaster General may, subject to the provisions of this Act :

(1) Establish and close Post Offices and Post Routes ;

(2) Appoint Postmasters, other titan those to be appointed by the Governor, and other Officers and Servants, and remove or suspend any Postmaster or other Officer or Servant of the Post Office ;

(3) Enter into and enforce all contracts relating to the conveyance of the Mails, or other business of the Post Office ;

(4) Make regulations declaring what shall and what shall not be deemed to be mailable matter for the purposes of this Act, and for restricting within reasonable limits the weight and dimensions of letters and packets and other matters sent by Post, and for prohibiting and preventing the sending of explosive, dangerous, contraband or improper articles, obscene or immoral publications ;

(5) Establish the rates of Postage on all mailable matter, not being letters, newspapers or other things hereinafter specially provided for, and prescribe the terms and conditions on which all mailable matter not being letters, shall in each case or class of cases be permitted to pass by Post, and authorize the opening thereof, for the purpose of ascertaining whether such conditions have been complied with ;

(6) Cause to be prepared and distributed Postage Stamps, necessary for the prepayment of Postages under this Act, also stamped envelopes for the like purpose ;

(7) Make and give effect to any arrangements which may require to be made with the Government or with the postal authorities of the United Kingdom, or of any British Possession, or of the United States, or any other Foreign Country, with regard to the collecting and accounting for postage, the transmission of mails, and other matters connected with Posts and Postal business, and the remuneration or indemnity to be paid or received under any such arrangement ;

(8) Make arrangements for refunding such postage as may from time to time be paid by Her Majesty's Military or Naval authorities on official correspondence passing between the several stations of Her Majesty's Military and Naval Forces in Canada ;

(9) Make orders and regulations concerning the Money Order system and the issuing and paying of Post Office Money Orders in Canada, and when he may deem it expedient arrange for the exchange of such Money Orders with any British Possession or Foreign Country on such terms and conditions as he may agree upon, and as may be set forth in the regulations relating to the same, and all orders, and regulations so made by him shall be binding and conclusive upon the persons in favor of whom such Money Orders shall be issued, and the payees thereof and all persons interested through or claiming under them and upon all other persons whomsoever ;

(10) Make and alter rules and orders for the conduct of and management of the business and affairs of the Department, and for the guidance and government of the Postmasters and other officers and servants of the Post Office in the performance of their duties ;

(11) Prescribe and enforce such Regulations as to letters directed to be registered as to him may seem necessary, in respect to the registration of letters and other matter passing by Mail, as well between places in Canada, as between Canada and the United Kingdom, any British Possession, the United States or any other Foreign Country, and to the charge to be made for the same ; and also in respect to the registration by the officers of the Post Office of letters unquestionably containing money or other valuable enclosure when posted without registration by the senders of the same, and to imposing a rate of two cents registration charge upon such letters.

(12) Decide all questions which may arise as to what shall be deemed to be a letter or letter packet, newspaper, periodical, or other article of mailable matter, admitted to pass by Post under this Act, and as to the rate of postage to which it may consequently be liable ;

(13) Sue for and recover all sums of money due for postage or for penalties under this Act or under any Act of the Provinces of Canada, Nova Scotia or New Brunswick, or by any Postmaster or his Sureties ;

(14) Establish and provide Street Letter Boxes or Pillar Boxes or Boxes of any other description for the receipt of letters and such other mailable matter as he may deem expedient, in the streets of any City or Town in Canada, or at any Railway Station or other public place where he may consider such Letter Box to be necessary ;

(15) Grant licenses revocable at pleasure, to Agents other than Postmasters, for the sale to the Public of Postage Stamps and stamped Envelopes, and allow to such Agents a commission of not exceeding five per cent on the amount of their sales ;

(16) Impose, with the approval of the Governor in Council, pecuniary penalties not exceeding two hundred dollars for any one offence on persons offending against any such regulation as aforesaid, whether they be or be not officers of the Post Office ;

(17) And generally to make such regulations as he deems necessary for the due and effective working of the Post Office and Postal business and arrangements, and for carrying this Act fully into effect ;

(18) And every such regulation as aforesaid may from time to time be repealed or amended by any subsequent regulation made in like manner ;—And every such regulation shall, until it be otherwise ordered by any subsequent regulation, have force and effect as if it formed part of the provisions of this Act, unless it be inconsistent with the enactments thereof.

11. Any general regulation made by the Postmaster General under this Act, other than those made solely for the guidance and government of the officers or other persons employed in the Postal service, which may be communicated by Department Order, or otherwise as the Postmaster General may see fit, shall have effect from and after the day on which the same shall have been published in the Official Gazette, or from and after such later day as may be appointed for that purpose in such regulation, and during such time as shall be therein expressed, or if no time be expressed for that purpose, then until the same is revoked or altered ; and every such regulation may be revoked, varied or altered by any subsequent regulation ; and a copy of the Official Gazette containing any such regulation shall be evidence of such regulation to all intents and purposes whatsoever.

12. And any bond or security required or authorized by any such regulation or by any order of the Postmaster General in any matter relative to the Post Office, or to the observance of any provision of this Act or any regulation or order made under it, shall be valid in law and may be enforced according to its tenor on breach of the condition thereof.

13. No Regulation made under this Act shall be inconsistent with the express provisions thereof.

14. The Governor may, from time to time, appoint fit and proper persons to be and to be called Post Office Inspectors, and to be stationed at such places and to exercise their powers and perform their duties and functions within such limits respectively as he may from time to time appoint ;

(2) And it shall be the duty of such Post Office Inspectors, under such instructions as may from time to time be given to them by the Postmaster General,—to superintend the performance of the Mail Service, taking care that, as far as the state of the roads and other circumstances will permit, the stipulations of all contracts for the conveyance of the Mail are strictly complied with by the Contractors,—to make monthly reports to the Postmaster General of the manner in which the Mail has been carried on each route, stating what fines they recommend should be imposed,—to instruct new Postmasters in their duties,—to keep the Postmasters to their duty in rendering their accounts and paying over their balances,—to examine at every Post Office from time to time the Books of Mails received at and sent from the same, and to see that they are properly kept, and that the Received Bills are properly numbered and filed, and that the Postmasters and their Assistants perfectly understand their instructions, and perform their duty well in every particular, to inquire into complaints of losses of valuable Letters, and generally to do all and whatsoever they are from time to time lawfully instructed or required by the Postmaster General to do for the service of the Post Office Department.

15. The Governor in Council may appoint a proper person to be Deputy Postmaster General, to hold office during pleasure, and the said Deputy Postmaster General shall have the oversight and direction of the othe Officers, Clerks and messengers or servants, and of all persons employed in the postal service, and shall have, under the Postmaster General the general management of the business of the Department, and his directions shall be obeyed in like manner as the directions of the Postmaster General would be, subject however to the control of the latter in all matters whatsoever.

16. Each officer, clerk or servant employed in or by the Post Office Department shall be remunerated by a stated salary or pay, to be fixed by the Postmaster General, subject to the provisions of any Act relating to the Civil Service.

17. No allowance or compensation shall be made to any Clerk or other Officer in the Post Office Department, by reason of the discharge of Duties which belong to any other Clerk or Officer in the same Department.—And no allowance or compensation shall be made for any extra service whatever which any such Clerk or Officer may be required to perform.

18. It shall be lawful for the Postmaster General, to pay over and deliver to such person or persons as he may consider to be the rightful owner or owners thereof, upon satisfactory evidence of claim, any sum of money, or other property stolen or lost from the mails, which may be by the Postmaster General, recovered from the thief or thieves, or may otherwise come into his possession.

19. On all letters transmitted by Post for any distance within Canada, except in cases herein otherwise specially provided for, there shall be charged and paid one uniform rate of three cents per half ounce in weight, any fraction of an ounce being chargeable as a half ounce, provided that such three cents postage rate be prepaid by postage stamp or in current coin at the time of posting such letters ; and when such letters are posted without prepayment being made thereon, then and in such case it shall be lawful to charge upon letters so posted unpaid a rate of five cents per half ounce.

20. On letters not transmitted through the mails, but posted and delivered at the same Post Office, commonly known as local or drop letters, the rate shall be one cent, to be in all cases prepaid by postage stamps affixed to such letters.

21. In every case in which any Seaman in Her Majesty's Navy, or Sergeant, Corporal, Drummer, Trumpeter, Fifer or Private Soldier in Her Majesty's service, is entitled to receive or send letters on the payment of a certain sum and no more, in place of all British Postage thereon, the payment of such sum shall likewise free such letter from all Canada Postage thereon :

(2) And in all cases in which a letter addressed to a Commissioned Officer of the Army, or Navy, or of any of the departments belonging thereto respectively, at a place where be has been employed on actual service, would be free from British Postage on the transmission thereof from such place to any place to which he has removed in the execution of his duty, before the delivery of such letter or packet, the same shall in like manner be from Canada Postage ;—And the Postmaster General may make such regulations declaratory and otherwise, as may be necessary for giving effect to this section.

22. The rate of postage upon newspapers printed and published in Canada, and issued not less frequently than once a week, from a known office of publication, and sent to regular subscribers in Canada by mail, shall be as follows : upon each such newspaper, when issued once a week, the rate for each quarter of a year, commencing on the first of January, first of April, first of July, first of October of each year, shall be five cents, when issued twice a week, ten cents, when issued three times a week, fifteen cents, when issued six times a week, thirty cents, and in that proportion, adding one rate of five cents for each issue more frequent than once a week ; and such postage must be pre-paid in advance from the first day of the quarter from which the payment commences for a term of not less than a quarter of a year ; and such prepayment may be made at either the office of Mailing or Delivery, at the option of the publisher or subscriber ;—

provided nevertheless, that Exhange Papers, addressed by one editor or publisher of a newspaper to another editor or publisher, may be sent by Post free of charge.

23. On all newspapers sent by Post in Canada, except in the cases hereinbefore expressly provided for, there shall be payable a rate not exceeding two cents each, and when such newspapers are posted in Canada this rate shall in all cases be prepaid by postage stamps affixed to the same.

24. For the purposes of this Act, the word " Newspapers " shall be held to mean periodicals published not less frequently than one in each week, and containing notices of passing events.

25. The rate of postage upon periodical publications, other than newspapers, shall be one cent per four ounces, or half a Cent per number, when such periodicals weigh less than one ounce and are posted singly, and when such periodical publications are posted in Canada, these rates shall in all cases be prepaid by postage stamps affixed to the same.

26. On books, pamphlets, occasional publications, printed circulars, prices current, handbills, book and newspaper manuscripts, printer's proof sheets whether corrected or not, maps, prints, drawings, engravings, photograps when not on glass, or in cases containing glass, sheet music whether printed or written, packages of seeds, cuttings, bulbous roots, scions or grafts, patterns or samples of merchandize or goods, the rate of postage shall be one cent per ounce ;

provided that no letter or other communication intended to serve the purpose of a letter be sent or enclosed therein, and that the same be sent in covers open at the ends or sides or otherwise so put up as to admit of inspection by the Officers of the Post Office to ensure compliance with this provision—and this postage rate shall be prepaid by postage stamp in all cases when such articles are posted in Canada. 

27. Provided that notwithstanding any thing herein contained all letters, newspapers and other mailable matter passing by mail between any place in Canada and the United Kingdom, any British possession, the United States or any other Foreign Country, shall be liable to such charges, and rates of postage on being posted in Canada, or on delivery therein, and be subject to such regulations and conditions, as may be agreed upon under any arrangement made by the Postmaster General, for the transmission, despatch, receipt and delivery of the same, and contained in any Regulation made by the Postmaster General in pursuance of such arrangement.

28. As well the Colonial, British or Foreign as the Canada postage on any letter or other mailable matter shall (if not pre-paid) be payable to the Postmaster General by the party to whom the same is addressed, or who may lawfully receive such letter or other thing, which may be detained until the postage be paid ;—And any refusal or neglect to pay such postage shall be held to be a refusal to receive such letter or thing, which shall be detained and dealt with accordingly ; but if the same is delivered, the postage on it shall be charged against and paid by the Postmaster delivering it, saving his right to recover it from the party by whom it was due, as money paid for such party :

(2) If any letter or other mailable matter is refused, or if the party to whom it is addressed cannot be found, then any postage due thereon shall be recoverable by the Postmaster General from the sender of such letter or packet ;

(3) The postage marked on any letter or other mailable matter shall be held to be the true postage due thereon, and the party signing or addressing it shall be held to be the sender, until the contrary be shewn ;

(4) And all postage may be recovered with costs, by civil action in any Court having jurisdiction to the amount, or in any way in which customs duties are or may be recoverable.

29. In all cases where letters and other mailable matter are posted for places without the limits of Canada, on which stamps for prepayment are affixed of less value than the true rate of Postage to which such letters are liable,—or when stamps for prepayment are affixed to letters addressed to any place as aforesaid for which prepayment cannot be taken in Canada, the Postmaster General may forward such letters, charged with postage, as if no stamp had been thereon affixed.

30. And for avoiding doubts, and preventing inconvenient delay in the posting and delivery of letters,—no Postmaster shall he bound to give change, but the exact amount of the postage on any letter or other mailable matter shall be tendered or paid to him in current coin as respects letters or other things delivered, and in current coin or postage stamps as the case may require in respect to the letters or other things posted.

31. The Postmaster General may make such reasonable compensation as he may see fit, to Masters of vessels, not being Post Office Packets, for each letter conveyed by such vessels between places beyond Sea and Canada, and the Governor in Council may direct that at any Port or class of Ports, such vessels shall not be permitted by the Officers of customs to enter or break bulk until all letters on board the same have been delivered at the post Office, nor until the Master has made declaration in such form as may be prescribed, that he has delivered all such letters accordingly.

Except in certain cases no one but the Postmaster General to collect, convey and deliver letters in Canada on pain of a fine of $20

32. Subject always to the provisions and regulations aforesaid, and the exceptions hereinafter made, the Postmaster General shall have the sole and exclusive privilege of conveying, receiving, collecting, sending and delivering letters within Canada ;—And (except in the cases hereinafter excepted) any person who collects, send, conveys or delivers or undertakes to convey or deliver any letter within Canada, or who receives or has in his possession any letter for the purpose of conveying or delivering it, otherwise than in conformity with this Act, shall, for each and every letter so unlawfully conveyed or undertaken to be conveyed, received, delivered or found in his possession, incur a penalty not exceeding twenty-dollars :

But such exclusive privilege, prohibition and penalty shall not apply to—

Letters sent by a private friend in his way, journey or travel, provided such letters be delivered by such friend to the party to whom they are addressed ; Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver ; Commissions or returns thereof, and affidavits or writs, process or proceedings or returns thereof, issuing out of a Court of Justice ; Letters addressed to a place out of Canada and sent by sea and by a private vessel ; Letters lawfully brought into Canada, and immediately posted at the nearest Post Office ; Letters of merchants, owners of vessels of merchandize, or of the carge or loading therein, sent by such vessel of merchandize, or by any person employed by such owners for the carriage of such letters according to their respective addresses,—and delivered to the persons to whom they are respectively addressed, without pay, hire, reward, advantage or profit for so doing ; Letters concerning goods or merchandize sent by common known carriers to be delivered with the goods to which such letters relate, without hire or reward, profit or advantage for receiving or delivering them ;

But nothing herein contained shall authorize any person to collect any such excepted letters for the purpose of sending or conveying them as aforesaid,—or shall oblige any person to send any Newspaper, Pamphlet or Printed Book by Post.

33. Any person may, and any Officer or Person employed in the Post Office, or in the collection of the Revenue of the Dominion, shall, seize any letters conveyed, received, collected, sent or delivered in contravention of this Act, and take them to the nearest Post Office, and give such information to the Postmaster as he may be able to give, and as is necessary for the effectual prosecution of the offender ; and the letters shall moreover be chargeable with letter Postage.