An Act to amend the Canada Post Corporation Act

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Lawrence Cannon  Conservative

Status

Second reading (House), as of May 6, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Post Corporation Act to modify the exclusive privilege of the Canada Post Corporation so as to permit letter exporters to collect letters in Canada for transmittal and delivery outside Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:25 p.m.
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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I will begin with the last question first.

I read the letter from the Leader of the Opposition and Leader of the Liberal Party of Canada that was addressed to Deborah Bourque, the president of CUPW. In it, our leader makes very clear the Liberal policy. The Liberal parliamentary caucus and the Liberal Party are opposed to privatization and deregulation of Canada Post. It is clear. No, we do not support it. N-O.

In terms of the second question the member asked, about the representation that approximately 10,000 Canadian jobs are dependent on the passage of Bill C-14, I believe the member is correct in that figure. I believe that is the approximate number of jobs. These jobs are located principally in Montreal, Toronto and Vancouver. That is why I made the point that I did. When certain elements attempt to fearmonger and say that should the international remailers be given the legislative authority to continue to compete on that little slice of Canada Post business it will somehow put into jeopardy rural mail delivery, it is simply not true. It is not.

Shame on anyone who attempts to make that argument. If it is CUPW, shame on CUPW. I am a strong unionist, but it is not because one is a unionist that one is without error and that one's argument is always right. And it is certainly not because one belongs to the NDP that one is always right. I would say it is more that one is usually wrong.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

I recognize the hon. member for Berthier—Maskinongé, but I would like to point out that other members would also like to ask questions. We have six minutes remaining.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:25 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I will ask my question quickly.

I understand that the Canada Post Corporation is not in a deficit position; it is currently making a profit. I live in a rural area, and I am convinced that the postal service there has not improved in many years. Post offices have closed, meaning that people in rural areas must now drive several kilometres to pick up their mail.

This proposal that we are debating seeks to take $48 to $50 million of Canada Post Corporation's profits. I am almost certain that this would have an effect on rural areas and mail delivery. It would eat into the revenues. We typically never reduce the postal services in Montreal, Toronto or Vancouver. It is usually the rural areas that feel the cutbacks.

Citizens are currently very unhappy with postal services. I do not think that this bill will improve these services.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:25 p.m.
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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I will answer very quickly.

In 2006, Canada Post had revenues of $7.3 billion, with a net profit of $320 million. The remailing industry has been around for more than 20 years. This industry is not what has hurt rural mail delivery.

I worked at Canada Post and I was unionized. I can say that this has nothing to do with remailing. It is simply Canada Post's desire to make its deliveries as cost effective as possible. Canada Post did not even think that it had exclusive rights over international mail. So it has never challenged the existence of this industry.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:30 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, as much as the Liberals do not want anyone to think this has anything to do with rural mail delivery, privatization or deregulation, the fact is that it speaks to the very heart of the ability of Canada Post to remain the entity that it is, to provide the service it provides and to do it in a manner that does not cost the taxpayer, through any extra subsidies, any extra money. It is a stand-alone, self-sustaining organization that employs 55,000 proud Canadians.

The Liberals would have us believe that they will be supporting this, but even if it is the unions that are supporting this position, we should not let anyone say that this has anything to do with rural mail delivery.

The fact is that if we bleed away Canada Post's ability to be financially viable, we ultimately will deny it the ability to provide the service. Is that just CUPW, which, I am sure, is very proud of their former member?

It is not only the NDP. I want to ask the member a question with regards to what Justice MacFarland said on May 8, 2007, one year ago, on behalf of a three panel judge after Canada Post had won the first court case. The private enterprises that the hon. member mentioned appealed and at the appeal court the justice said:

The purpose of the statutory privilege can only be to enable CP to fulfill its statutory mandate or realize its objects. It is meant to be self-sustaining financially while at the same time providing similar standards of service throughout our vast country. Profits are realized in densely populated areas which subsidize the services provided in the more sparsely populated areas.

If we deny Canada Post the revenue it needs to be viable, rural service will be affected and the ability of Canada Post to exist as a crown corporation will be at risk.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:30 p.m.
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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, the answer is very simple. In 2006, Canada Post generated $7.3 billion.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:30 p.m.
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An hon. member

Is that with a “b”?

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:30 p.m.
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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Yes, that is with a “b”, not an “m”, $7.3 billion, and $320 million net profit.

No one should attempt to tell Canadians and the thousands of Canadians who work for the international remailers in Canada that their jobs should be lost because that business generates $50 million.

I would like to remind the member that Canada Post had a 12% interest in one of these remailers from 1992 to 1996, and one of them has an office in my riding. At that time it was called TNT Mailfast but it is now called Spring Global Mail. Canada Post did not have any problem then.

International remailers do not jeopardize Canada Post's ability to earn profits. I might add that if the NDP succeeds in eliminating this business, it will not create one more job for CUPW.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:30 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I was very pleased to actually hear the Liberals support Bill C-14. There is very little we agree on in the House but from time to time we sing from the same page. Unfortunately, the NDP still is not getting that this is all about saving Canadian jobs.

This is not a complicated bill. Actually, it contains one simple clause. For most Canadians, it will have no significance that they know of but to the thousands of Canadians whose jobs will be lost if we do not pass this bill, it is critical to their livelihoods and their families.

What is remailing? Let me explain for those who do not understand what that industry is all about.

As we know, there are people in Canada who mail letter mail to each other. It is mail that is sent within Canada, collected within Canada and delivered within Canada. That mail is delivered by Canada Post and Canada Post has what is called exclusive privilege, which is simply another name for a monopoly. Canadians accept that. Our government accepts that. I believe all the parties in the House accept the fact that there is exclusive privilege for mail that is collected, distributed and delivered in Canada.

However, there is also other mail that is sent from Canada around the world. What businesses find is that the cost of that mailing can in some cases be very expensive. If a business is sending out thousands and thousands of pieces of letter mail a year, those costs can add up. They can affect one's competitiveness in a fiercely competitive international market.

Remailers are companies that will collect and bundle letter mail in Canada, take it to another jurisdiction, in most cases the United States, and mail it from there because the costs of mailing are significantly less. That is good for our economy because anything that allows Canadian businesses to compete better with the world markets is good. It is good for our economy and for families across this country, although the NDP just cannot understand that.

The change is very simple. The bill states, “does not apply to letters intended for delivery to an addressee outside Canada”. In other words, the exclusive privilege will not relate to letter mail that is collected in Canada but mailed from outside of Canada.

For 20 years this was not an issue. The industry, Canada Post, the unions, the remailers all accepted the fact that the Canada Post Corporation Act actually only provided exclusive privilege for letter mail that was collected and mailed within Canada to Canadians.

What happened along the way? The remailers started building their businesses. They starting investing a lot of money. They started creating jobs in Canada to provide a service to Canadian businesses. For 20 years there was no opposition to this. I am trying to figure out what happened.

Here is what I think happened. Canada Post obviously employs bright, young lawyers who are supposed to protect their interests, and that is fair. I am guessing that one day one of these bright, young lawyers checked the clause in the Canada Post Corporation Act, both in English and French, and, lo and behold, they found there was an inconsistency between the two clauses. The English clause did not say exactly what the French one said. It was an “aha” moment for the lawyer. He felt that he might have them and took the remailers to court.

The remailers were told that under the French version of the act they did not a right to exist and that the people working for them should not be employed in a remailing industry. The case was taken all through the courts until it ended up in the Supreme Court of Canada. The Supreme Court of Canada had to basically choose one or the other of the two interpretations, the English one or the French one. In the end, the Supreme Court of Canada decided, in its wisdom, that it was the French that should prevail.

That ruling came as a shock to the remailing industry and to our government. It came as a shock to most of the members of the House because we were at risk of losing an industry that employs some 10,000 people in Canada and an industry that is worth at least $100 million a year. Overnight this was going to be shut down.

I do not think that is fair. It is not the Canadian way and, quite frankly, it is not why I was elected as a member of Parliament. It is my job to stand up for Canadians, to defend Canadian jobs and to ensure we are fair with the Canadian people.

Our clause simply restates what everyone has accepted as the status quo for well over two decades. It says that remailers will continue to have the right to conduct their businesses, to take business mail within Canada, bundle it together and send it elsewhere in the world from another jurisdiction.

One might think that along the way Canada Post had been asserting its right to exclusive privilege over the remailing industry but that is not so. Back in 1988, Canada Post actually issued a magazine called Manager Magazine. In the April-May 1988 edition there was an article written by a lady by the name of Barbara Leimsner. In an article that she entitled, “Reaching for a Higher Plateau”, she said:

Outbound mail is not protected by exclusive privilege which leaves this lucrative business open to a new threat--aggressive competition from international remail companies.

That is Canada Post acknowledging that it was facing stiff competition and that it was taking on the remailers in the market legitimately. That was back in 1988.

Let us move on to 2005. A newsletter was issued by, I believe, Canada Post and, ironically, the newsletter is called , “Upfront”. It is actually in the form of a letter by the president and CEO of Canada Post no less, and is entitled, “Moving beyond our history”. The chief executive of Canada Post said:

Today, the notion of exclusive privilege is a thing of the past....We must all understand that today our customers have many opportunities to take their business elsewhere.

When she refers to taking business elsewhere, what else could she mean but that Canadian businesses have the ability to take their mail to a remailing company and have it mailed around the world from another jurisdiction.

Even as recently as 2005, Canada Post accepted the fact that exclusive privilege, this monopoly, only applied to domestic mail, mail that was collected within Canada and delivered within Canada. The CEO acknowledged in the article that exclusive privilege did not extend to the remailers.

Today, however, we have the court case that we must deal with. It says that there was an ambiguity in the law, that there was an anomaly between the English and French versions and that somehow we must reconcile those so they will choose the French version which has the impact of actually shutting down a major industry in Canada, eliminating some 10,000 jobs and $100 million worth of business a year.

The member for Notre-Dame-de-Grâce—Lachine referred to the fact that Canada Post actually owned a slice of the remailing industry for some four years. Is that not an irony? The very corporation that says remailers should not exist, actually invested in a remailing company some years ago and presumably made some money at it.

I do not know if the Bloc is supporting the legislation, but the other suggestion being made by my NDP colleagues is that somehow the profits that the remailers make today, and that Canada Post would like to now make its own, is critical to continuing a rural mail delivery service across Canada.

That is absolutely not true. In fact, we heard the profit quoted earlier. Last year, Canada Post earned some $320 million in profit. It is not losing money. The suggestion that somehow the bill would cause Canada Post to lose money is absolute nonsense. It does not own that business now, and it has not for some 20 years. This is a business that was legitimately carried on by the remailers. For over two decades, they depended on what everyone understood the state of the law to be, which was the English version of the Canada Post Corporation Act. Now that has changed because the courts picked up on this anomaly and decided against the remailers.

We want to correct that situation. We want to send a message to Canadians, especially those who rely on the remailing industry for their livelihoods, that we will stand behind them.

I want to give credit to the Liberals in the House. They recognized that. They got it. They understood there would be an injustice foisted upon these workers and industries, which had been acting in good faith for such a long time.

A suggestion has also been made that this is somehow a step toward deregulating postal service in Canada and privatizing Canada Post. Nothing could be further from the truth. We have made it very clear, as a Conservative government, that we will not take steps to privatize Canada Post. We believe Canada Post is performing a very useful service in Canada.

We have ordered that a strategic review of Canada Post be undertaken to ensure Canadians receive full value from Canada Post, to ensure Canada Post continues to pursue the objectives and purposes for which it was created and to ensure the postal corporation remains vibrant within Canada.

The suggestion that now putting the heavy hand of the law on the remailers would somehow enhance Canada Post prospects or enhance the prospects of businesses across Canada, which would like to keep their costs down, is ludicrous.

I come from an area of the country where individual enterprise is valued very highly. The remailers that have invested for some 20 years in this industry have done so in good faith. They took risks. They built their companies. They hired employees. They continued to grow. They provided a valuable service to thousands of other businesses across the country. To suggest that shutting those businesses down and getting rid of those jobs is somehow serving Canadians is absolutely wrong.

If I could just summarize, in point form, what the bill would not do and then what it would do, I hope Canadians will understand why Bill C-14 is important to them.

As I have already mentioned, it is critically important to those who rely on the remail industry for their livelihoods, but it is also critical for Canada's ongoing economic prosperity because we depend on remaining competitive. Canada lags behind many of the other industrialized countries in productivity.

How do we improve on that? One way is to ensure that Canadian businesses can reduce their costs and compete in a fiercely competitive world.

What would the bill not do? It would not result in a loss of revenue for Canada Post because Canada Post never had these revenues in the last 20 years.

This is not about a loss of jobs. I do not believe the NDP is even suggesting that it is a loss of jobs in the industry. What we are doing is protecting jobs. What those members would like to see happen is that those jobs go elsewhere. In fact, members may not know this but a number of the remailer companies have shut down their business in Canada and have gone elsewhere. Do members now where those jobs went? They did not stay in Canada. They left the country. Therefore, why would we want to risk that happening to the 10,000 remaining jobs we have in Canada? It is not about a loss of jobs; it is reaffirming the status quo of the last 20 years.

Is this about deregulation? Absolutely not. We have made that clear. My colleague across the floor has made that clear. This is not an attack on Canada Post. We continue to support exclusive privilege to Canada Post and its critical role in allowing Canadians to communicate with one another.

This is about protecting jobs, protecting our industry, our remailers, ensuring that we protect the trust that Canadians have, especially Canadian businessmen, when they see government and Canada Post moving forward in reliance on a certain law, that we will not flip-flop down the road. Finally, this is about maintaining Canada's competitiveness in the global economy.

Is Canada Post an important federal institution? Absolutely. It has a presence throughout our country. Does it need the remail industry to survive? Absolutely not. The profits last year of $320 million speak for themselves. There is more than enough money for Canada Post to do a good job in ensuring that Canadians have good rural mail delivery. Canada Post will continue to collect and transmit mail within Canada, and it is entitled to compete with the remailers in sending mail outside of Canada.

This is about protecting jobs. It is about standing up for Canadians. I appreciate the opportunity to defend this industry today with Bill C-14.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:50 p.m.
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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I listened to the hon. member's speech with interest. Would he clarify one thing for me? In his speech he said that he came from an area of Canada where they valued private enterprise, and I am sure that is the case.

Could he name an area in Canada where private enterprise is not valued? I am very interested in hearing if he actually believes that, or if he could clarify that point.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:50 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I named the area I come from and represent, which is the city of Abbotsford, and I love it. It is one of the most dynamic communities in the county. It has been built on the fact that people have understood the value of free enterprise, the right of individuals to develop themselves, to be free from government interference.

I hope this sentiment extends across our country, and I suspect it does. In every community there are pockets, some more than others, where we have this understanding of the value of free enterprise and where we are willing to go to bat for workers and industries wanting to build our economy.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:50 p.m.
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Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I would like to ask the member who just spoke if he could assure us that the purpose of this bill is absolutely not, directly or indirectly, to start deregulation. That is my first question.

My second question is: why tinker with a universal service? Some companies, for whatever reason, acted illegally. The court ruled that they had six months to shut down their business. The Conservative government decided to take away Canada Post's chances to potentially make $80 million.

I would like to know the reasons behind this decision, when rural areas are suffering the consequences. A number of members in this House see this situation every day as they represent their constituents.

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:50 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, first, I assume the member listened to my speech. I believe I confirmed on three occasions that this was not about deregulation. Nor is it about privatizing Canada Post. I want to lay her fears to rest. This is not about deregulation.

Second, she talked about tinkering with universal service. For well over two decades, the universal mail service in Canada, the exclusive privilege, has been restricted to domestic mail, in other words, mail collected within Canada and delivered within Canada. The suggestion that we have somehow had universal mail delivery in the area of international, outbound mail is wrong. It is simply wrong.

Why is she not standing up for the people in Montreal who depend on the remailing industry for their livelihoods, for their jobs? What will she say to the families that will now have individuals and members who are without jobs, if in fact she does not support Bill C-14?

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:55 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I have a question. The minister responsible for Canada Post recently announced the establishment of an advisory committee to conduct a strategic review of Canada Post. That committee is to report to the minister in December 2008. Why does the government not wait for that report? Will that committee continue to sit even if the bill is passed?

Canada Post Corporation ActGovernment Orders

May 6th, 2008 / 4:55 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, the short answer is, yes, we will continue to sit and it will do its work. The key issue is to ensure the status quo, the 10,000 jobs we presently have in Canada, remains intact and the families that rely on those jobs continue to live knowing they will be employed.

My concern is, as the strategic review plays out, that Canada Post moves forward and shuts down the remailers. There is the immediate consequence to 10,000 jobs in Canada. I am sure the member, who comes from Quebec and would obviously be worried about jobs in Montreal that would be lost if in fact we did not pass Bill C-14, would be concerned. He has to be concerned. That is his job, to stand up for the people of Quebec and ensure their jobs are protected.