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

Marginal note:Mail to be made available to a customs officer

• 42. (1) All mail arriving in Canada from a place outside Canada that contains or is suspected to contain anything the importation of which is prohibited, controlled or regulated under the Customs Act or any other Act of Parliament shall be submitted to a customs officer.

• Marginal note:Submission of exported mail to customs officer

  (1.1) On request of a customs officer, all mail leaving Canada for a place outside Canada that contains or is suspected to contain anything the exportation of which is prohibited, controlled, regulated or subject to reporting under the Customs Act or any other Act of Parliament shall be submitted by the Corporation to the customs officer.

• Marginal note:Mail in the course of post

  (2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

• Marginal note:Notice of seizure or detention

  (2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

• Marginal note:Mail subject to customs laws

  (3) A customs officer shall deal with all mail submitted to the officer under this section in accordance with the laws relating to customs and the importation of goods or currency and monetary instruments and, subject to those laws, shall deliver that mail to its addressee, on payment of any postage due on it, or shall return it to the Corporation.

• Marginal note:Non-mailable matter

  (4) Any non-mailable matter found by a customs officer in any mail made available to him under this section shall be dealt with in accordance with the regulations.

Marginal note:Interim prohibitory order

• 43. (1) Where the Minister believes on reasonable grounds that any person

  • (a) is, by means of mail,

    • (i) committing or attempting to commit an offence, or

    • (ii) aiding, abetting, counselling or procuring any other person to commit an offence,

  • (b) with intent to commit an offence, is using mail to accomplish his object, or

  • (c) is, by means other than mail, aiding, abetting, counselling or procuring any other person to commit an offence by means of mail,

  the Minister may make an order (in this section and in sections 44 to 47 called an “interim prohibitory order”) prohibiting the delivery, without the consent of the Minister, of mail addressed to or posted by that person (in this section and in sections 44 to 47 called the “person affected”).

• Marginal note:Notice

  (2) Within ten days after the making or reinstating of an interim prohibitory order, the person affected shall be sent, by registered mail at his latest known address, notice

  • (a) of the order and the reasons therefor;

  • (b) that he may within ten days after the date the notice was sent, or such longer period as the Minister may allow, request in writing a review of the matter by a Board of Review; and

  • (c) of the provisions of sections 46 and 59.