CHAPTER VII

THE DOMINION OF CANADA

PRELIMINARY.

As outlined in our Introductory Chapter, the union of Upper and Lower Canada into the single Province of Canada had been so manifestly advantageous that it started an agitation for the union of all the British North American provinces. The result was a convention, held at Quebec in 1864, which drafted a proposed Constitution that was later embodied by the British Parliament in "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof,"[85] which was passed on the 29th March, 1867. The preamble recites that "the provinces of Canada, Nova Scotia, and New Brunswick have expressed their desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom." The Act is cited in brief as "The British North America Act 1867," and provides that the Dominion of Canada shall be divided into four provinces named Ontario, Quebec, Nova Scotia and New Brunswick; that there shall be a Governor General who may select his own Privy Council; that there shall be a Parliament consisting of a Senate, with members appointed by the Governor General for life, and a House of Commons of elected representatives; that the seat of Government shall be at Ottawa; that each Province shall have a Lieutenant Governor appointed by the Governor General and a local legislature similar to the Dominion Parliament; and making provision for the admission of Newfoundland, Prince Edward Island, British Columbia and Rupert's Land and the North-western Territory. The Act took effect on the 1st July, 1867, which day is annually observed as "Dominion Day."

[85] 30^o--31^o Vict. Cap. III.

The first Parliament of Canada, which convened at Ottawa on November 6, 1867, was naturally largely concerned in revising and consolidating the laws of the various Provinces, and among these of course appeared the Post Office Laws. A number of changes were introduced, but many of the provisions of former Acts were embodied almost as they stood in the new statute. We reproduce its most important features in our line of inquiry.

31^o Vict. Cap. X.

An Act for the regulation of the Postal Service.

[_Assented to 21st. December_, 1867.]

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

PRELIMINARY--INTERPRETATION.

1. This Act shall be known and may be cited as _The Post Office Act_ 1867; and the following terms and expressions therein shall be held to have the meaning hereinafter assigned to them....

The term "Letter" includes Packets of Letters;

The term "Postage" means the duty or sum chargeable for the conveyance of Post Letters, Packets and other things by Post;

The term "Foreign Country" means any country not included in the dominions of Her Majesty;

The term "Foreign Postage" means the postage on the conveyance of Letters, Packets or other things, within any Foreign Country or payable to any Foreign Government;

The term "Canada Postage" means the postage on the conveyance of Letters, Packets and other things by Post within the Dominion of Canada or by Canada Mail Packet;

The term "Mail" includes every conveyance by which Post Letters are carried, whether it be by land or by water;

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;

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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....

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.

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ORGANIZATION AND GENERAL PROVISIONS.

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.

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

1. Establish and close Post Offices and Post Routes;

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

4. [_Make regulations concerning mailable matter and limits of weight and dimensions of such._]

5. [_Establish rates of postage and conditions on matter not already provided for._]

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 arrangements concerning Posts and Postal business with postal authorities outside of Canada._]

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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;

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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 Boxes 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.

RATES OF POSTAGE.

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 stamps 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 stamp affixed to such letters.

21. [_Seamen and Soldiers, etc. in Her Majesty's service, entitled to receive and send letters on payment of a certain special sum in lieu of all British postage, shall be freed likewise from Canadian postage._]

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, or 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: ... provided, nevertheless, that _Exchange 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 stamp 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 once 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 manuscript, printer's proof sheets whether corrected or not, maps, prints, drawings, engravings, photographs when not on glass, 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 stamps in all cases when such articles are posted in Canada.

27. [_Foregoing rates subject to such conditions as may be agreed upon between Canada and any other country._]

28. [_Postage on unpaid letters is due from addressee, or if refused may be recovered with costs by civil action from sender._ (See 13^o--14^o Vict. Cap. 17, Sec. 12.)]

29. In all cases where letters and other mailable matter are posted for places without the limits of Canada, on which stamps for pre-payment 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 affixed.

30. And for avoiding doubts, and preventing inconvenient delay in the posting and delivery of letters,--no Postmaster shall be 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 reasonable compensation to Masters of vessels not Post Office Packets for conveyance of ship letters from foreign ports to Canada._]

32. [_Postmaster General has exclusive privilege of collecting, conveying and delivering letters, etc._; $20 _penalty for infraction_. (See 13^o--14^o Vict. Cap. XVII. Sec. 9.)]

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35. [_The Postmaster General may employ Letter Carriers, and charge two cents for delivery of a letter and one cent for a newspaper or pamphlet._ (See 14^o--15^o Vict. Cap. LXXI. Sec. 15.)]

36. It shall be lawful for the Postmaster General, with the consent of the Governor in Council, to establish in any city, when he shall deem it expedient, a system of free delivery by Letter Carrier of letters brought by mail and he may direct that from the time that such system is established, no charge shall be made for the delivery of such letters by Letter Carriers in such city, and further that on drop or local letters when delivered by Letter Carrier in such city, one cent only per half ounce shall be charged in addition to the ordinary local or drop letter rate.

37. [_Postmaster General may establish a parcel post._ (See 22^o Vict. Cap. XVII. Sec. 5.)]

38. [_Usual franking of official matter._ (See 18^o Vict. Cap. LXXIX. Secs. 4, 5, 6, 7 and 24^o Vict. Cap. XXV. Sec. 6), _but limited to transmission in Canada_.]

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40. Letters, or other articles, which from any cause remain undelivered in any Post Office, or which having been posted, cannot be forwarded by post, shall under such regulations as the Postmaster General may make, be transmitted by Postmasters to the Post Office Department as Dead Letters, there to be opened and returned to the writers on payment of any postage due thereon, with five cents additional on each Dead Letter to defray the costs of returning the same, or such Dead Letters may in any case or class of cases be otherwise disposed of as the Postmaster General may direct.

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77. [_Stealing mail matter or forging stamps, etc._, (see 13^o--14^o Vict. Cap. XVII. Sec. 16) _is a felony. Stealing or damaging printed matter, package of merchandise, etc., or enclosing a letter in other mail matter, or obstructing mails is a misdemeanor_.]

Sub. sec. 16. To remove with fraudulent intent from any letter, newspaper or other mailable matter, sent by Post, any postage stamp which shall have been affixed thereon, or wilfully, with intent aforesaid remove from any postage stamp which shall have been previously used, any mark which shall have been made thereon at any Post Office, shall be a misdemeanor.

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81. If any person uses or attempts to use in prepayment of postage on any letter or other mailable matter posted in this Province, any postage stamp which has been before used for a like purpose, such person shall be subject to a penalty of not less than Ten and not exceeding Forty dollars for every such offense, and the letter or other mailable matter on which such stamp has been so improperly used may be detained, or in the discretion of the Postmaster General forwarded to its destination charged with double postage.

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91. This Act shall come into operation on the first day of April, one thousand eight hundred and sixty-eight.

Although the above Act gives most of the groundwork upon which the Post Office Department of Canada has since been operated, save of course the changes in detail that will be noted in their proper places, yet it seems advisable, in spite of some possible repetition, to quote the larger part of the Instructions sent out to Postmasters in preparation for the impending changes, because of additional details to be found therein.

TO ALL POSTMASTERS, AND OTHER PERSONS EMPLOYED IN THE POSTAL SERVICE OF CANADA:

DEPARTMENT ORDER NO. 2.

POST OFFICE DEPARTMENT, OTTAWA, 1ST MARCH, 1868.

The Post Office Act, passed on the 21st December, 1867, for the regulation of the Postal Service, will come into operation throughout the Dominion on and from the 1st April, 1868.

A copy of the Statute, and of the General Regulations founded thereon, will be forwarded to every Postmaster, whether in charge of a regular Post-Office, Way Office or Sub-Office, and to every Railway Mail Clerk; meanwhile the following summary of the principal provisions of the Act, as affecting the organization of the Department, in relation to the several Provinces of the Dominion, the postage rates to be charged from and after the 1st. April, etc., etc., is supplied for the information of Postmasters and other persons employed in the Post Office Service of Canada.

ORGANIZATION OF THE DEPARTMENT.

1. The Superintendence and Management of the Postal Service of Canada is vested in the Post Office Department, at the seat of Government, Ottawa, under the direction of the Postmaster General of Canada.

2. Subject to the directions of the Postmaster General, the general management of the business of the Department will be with the Deputy Postmaster General of Canada.

3. The local Superintendence of Post Office business, and performance of such duties as are assigned to them by the Statute, or entrusted to them from time to time by the Postmaster General, will be confided to the Post Office Inspectors, of whom there are seven, stationed and exercising their powers and functions in the undermentioned Postal Divisions.

_Postal Division._ _Post Office Address._

Nova Scotia Halifax, N. S. New Brunswick and the Bay Chaleurs, Coast of Gaspé Frederickton, for the present Province of Quebec, as far West as Three Rivers Quebec Province of Quebec, from Three Rivers Westward Montreal Province of Ontario, as far as Cobourg Kingston Province of Ontario, from Cobourg to Hamilton Toronto Province of Ontario, from Hamilton Westward London */

/# 4. All Postmasters, including Way Office and Sub-Office Keepers, are continued in Office, and all Bonds and Mail Contracts continued in force, subject to the ordinary conditions of such appointments and engagements, and to the future action of the Department.

PRINCIPAL RATES OF POSTAGE.

LETTERS.

5. On letters passing between any two places within the Dominion of Canada, a uniform rate, (irrespective of distance) of three cents per 1/2 oz., if prepaid; and five cents per 1/2 oz., if posted unpaid.

6. On letters between any place in the Dominion and any place in the United States, 6 cents per 1/2 oz., if prepaid; and 10 cents per 1/2 oz., if posted unpaid.

7. On letters to or from the United Kingdom, in Mails by Canada Packets, to or from Quebec in summer, or Portland in winter; or by Mail Packet to or from Halifax, 12-1/2 cents per 1/2 oz. #/

On do. in Mails via New York Packet 15 cents per 1/2 oz. On letters to Prince Edward Island, if prepaid, 3 " " do if posted unpaid, 5 " " do On letters to Newfoundland, to be in all cases prepaid, 12-1/2 " " do On letters to British Columbia and Vancouver Island, in all cases to be prepaid, 10 " " do On letters to Red River, to be in all cases prepaid, 6 " " do On letters to Red River, to be in all cases prepaid, 6 " " do

NEWSPAPER RATES.

8. Newspapers printed and published in Canada may be sent by Post from the office of publication to any place in Canada at the following rates, if paid quarterly in advance, either by the Publisher, at the Post Office where the papers are posted or by the subscriber, at the Post Office where the papers are delivered:--

For a paper published once a week 5 cents per quarter of a year. do twice a week 10 do do three times 15 do do six times 30 do

If the above rates are prepaid by the Publisher, the Postmaster receiving payment must be careful to have the papers so prepaid separately put up, and marked, distinctly, as prepaid.

When the above rates are not prepaid in advance, by either the Publisher at the Office of posting or by the subscriber at the Office of delivery, the papers are to be charged one cent each on delivery.

9. Canadian Newspapers, addressed from the Office of publication to subscribers in the United Kingdom, the United States, Prince Edward Island and Newfoundland, may be forwarded, on prepayment at the Office in Canada where posted, at the above commuted rates, applicable to such papers within the Dominion.

10. Exchange Papers passing between publishers in Canada, and between publishers in Canada and publishers in the United States, Prince Edward Island and Newfoundland, are to pass free--one copy of each paper to each publisher.

11. Transient Newspapers include all Newspapers posted in Canada, other than Canada Newspapers sent from the Office of publication, and when addressed to any place within the Dominion, to the United Kingdom, to the United States, Prince Edward Island or Newfoundland, must be prepaid two cents each by postage stamp.

12. Newspapers coming into Canada will be subject to the following charges on delivery:

If from the United Kingdom, by mail packet to Quebec, Halifax or Portland--Free on delivery.

By mails viâ the United States (New York), Two cents each.

If from the United States, two cents each, to be rated at the Canada Frontier, or exchange Office receiving mails from the United States.

If from Prince Edward Island or Newfoundland, when received by regular subscribers in Canada from the Office of publication, the ordinary commuted rates applicable to Canada Newspapers.

Transient Papers--two cents each.

13. The Canada Postage rates on Newspapers coming or going to the United Kingdom and the United States, will thus be the same as those charged in the United Kingdom and the United States on Newspapers there received from or sent to Canada.

14. Canada News Agents may post to regular subscribers in Canada, British Newspapers free, and United States Newspapers unpaid, such papers in the latter case, must be duly rated two cents each for collection on delivery.

PRINTED PAPERS, CIRCULARS, PRICES CURRENT, HAND BILLS, BOOKS, PAMPHLETS.

15. The rate on printed matter of this description posted in Canada, and addressed to any place in Canada, Prince Edward Island, Newfoundland or the United States, will be one cent per ounce, to be prepaid by Postage Stamp; and a like rate will be payable on delivery, when received from the United States, Prince Edward Island or Newfoundland.

PERIODICAL PUBLICATIONS.

16. When posted in Canada for any place in Canada, Prince Edward Island, Newfoundland or the United States, the rate will be one cent per four ounces.

17. A like rate will be payable on delivery in Canada, when received from the United States, Prince Edward Island or Newfoundland.

18. Periodicals weighing less than one ounce per number, when posted in Canada for any place within the Dominion, Prince Edward Island, Newfoundland or the United States may, when put up singly, pass for one half cent per number, to be prepaid by Postage Stamp.

19. As the Postage Rates on Periodicals, other than Newspapers, will be payable in advance, and as certain classes of such periodicals, printed and published in Canada, and sent from the office of publication to regular subscribers, have for some time past been exempted from postage where exclusively devoted to the education of youth, to temperance, agriculture and science, or for other reasons, it is ordered, that with respect to periodicals which do now enjoy this privilege or exemption, the exemption shall continue until the expiration of the current year--that is until the 31st December, 1868, and that from the 1st. January, 1869, all such special exemptions and privileges shall cease.

PARCEL POST.

20. The rate on Parcels, by Parcel Post, will be 12-1/2 cents per 8 ounces, that is to say:--

On a parcel not exceeding 8 oz 12-1/2 cents Over 8 oz., and not exceeding 1 lb 25 cents Over 1 lb., and not exceeding 24 oz 37-1/2 cents And so on, to the limit of three lbs.

BOOK AND NEWSPAPER MANUSCRIPT, AND OTHER MISCELLANEOUS MATTER.

21. On Book and Newspaper Manuscript (meaning written articles intended for insertion in a newspaper or periodical, and addressed to the Editor or Publisher thereof, for insertion), Printers' Proof Sheets, whether corrected or not, Maps, Prints, Drawings, Engravings, Music, whether printed or written, packages of Seeds, Cuttings, Roots, Scions or Grafts, and Botanical Specimens, the rate will be 1 cent per ounce, when posted for any place in Canada or the United States, and prepaid by Postage Stamp.

POSTAGE STAMPS.

22. To enable the Public to prepay conveniently by Postage Stamp the foregoing rates, the following denominations of Postage Stamps for use throughout the Dominion, have been prepared, and will be supplied to Postmasters for sale:--#/

Half Cent Stamps } One cent do } Two cent do } Three cent do } All bearing, as a device, the effigy Six cent do } of Her Majesty. Twelve and a half cent do } Fifteen cent do }

23. The Postage Stamps now in use in the several Provinces may be accepted, as at present, in prepayment of letters, etc., for a reasonable time after the 1st of April; but from and after that date all issues and sales to the public will be of the new denomination.

FRANKING AND FREE MATTER.

The following matter is exempt from Canadian Postage:--

24. All letters and other mailable matter addressed to or sent by the Governor of Canada.

25. All letters or other mailable matter addressed to or sent by any Department of the Government, at the seat of Government at Ottawa, under such regulations as may from time to time be made by the Governor in Council.

26. All letters and other mailable matter addressed to or sent by the Speaker or Chief Clerk of the Senate or of the House of Commons, or to or by any Member of either House, at the Seat of Government, during any Session of Parliament--or addressed to any of the Members or Officers in this section mentioned at the Seat of Government as aforesaid, during the ten days next before the meeting of Parliament.

27. All public documents and printed papers sent by the Speaker or Chief Clerk of the Senate or of the House of Commons to any Member of either House during the recess of Parliament.

28. All papers printed by order of either House sent by Members of either House during the recess of Parliament.

29. Petitions and Addresses to either of the Provincial Legislatures of Ontario, Quebec, New Brunswick and Nova Scotia, or to any branch thereof; and votes, proceedings and other papers, printed by order of any such Legislature, or any branch thereof, during any Session thereof,--provided such petitions and addresses, votes, proceedings and other papers, are sent without covers, or in covers open at the ends or sides, and contain no Letter or written communication to serve the purpose of a Letter.

30. Letters and other mailable matter (except that provided for as above) addressed to or sent by the Provincial Governments or Legislatures of Ontario, Quebec, New Brunswick and Nova Scotia, will be liable to the ordinary rates of Postage.

31. Public documents and printed papers sent under the foregoing clauses should bear, as part of the address, the bona fide superscription of the Speaker, Chief Clerk, or Officer specially deputed for this purpose to act for those functionaries, or of the Member sending the same.

32. The privilege of free transmission, as above described, has effect only as respects Canada Postage rates.

33. All letters and other mailable matter to and from the Postmaster General and the Deputy Postmaster General, and all Official communications to and from the Post Office Department, and to and from the Post Office Inspectors, are to pass free of Canadian Postage.

34. All letters and communications on the business of the Post Office Department, intended for the Post Office Department at Ottawa, should be invariably addressed to "The Postmaster General." The branch of the Department for which the letter or communication is intended should be written on the left hand upper corner of the letter, thus:--

"For Accountant" "For Secretary" [etc.]

as the case may be, but the main direction must be to the Postmaster General, or Deputy Postmaster General.

35. All letters containing a remittance on account of the Public Revenue sent by any Postmaster in Canada to a Bank or Bank Agency; and all remittances or acknowledgements sent by a Bank or Bank agency, on account of Public Revenue, to any Postmaster in Canada, are to pass free through the Post, as respects both postage and registration charge.

36. No change is made in the Way or Sub-Office system of Nova Scotia and New Brunswick, Quebec or Ontario.

37. No change is made in the Money Order System.

38. A system of Post Office Savings Banks will be instituted on the 1st. April, and will be extended as quickly as practicable to all the principal cities, towns and places throughout the Dominion.

A. CAMPBELL, _Postmaster General_.