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

Act current to 2016-02-03 and last amended on 2015-06-23. Previous Versions

Customs

Marginal note:Mail to be made available to a customs officer
  •  (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.

  • R.S., 1985, c. C-10, s. 42;
  • R.S., 1985, c. 1 (2nd Supp.), s. 171;
  • 2000, c. 17, s. 87;
  • 2001, c. 25, s. 87, c. 41, s. 78.

Prohibitory Orders

Marginal note:Interim prohibitory order
  •  (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.

  • 1980-81-82-83, c. 54, s. 41.
Marginal note:Board of Review
  •  (1) Where the Minister receives a request referred to in paragraph 43(2)(b) within the period stipulated therein, he shall appoint a Board of Review consisting of three members to review the matter and shall refer the material and evidence considered by him in making the interim prohibitory order to the Board.

  • Marginal note:Qualification

    (2) At least one member of a Board of Review shall be a person entitled to practise law in a province.

  • Marginal note:Idem

    (3) No director, officer, employee or agent of the Corporation is eligible to be appointed or to continue as a member of a Board of Review.

  • Marginal note:Powers of Board

    (4) A Board of Review has all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Opening of mail

    (5) A Board of Review, with the consent of the person affected, may open and examine any mail detained pursuant to subsection 47(3).

  • 1980-81-82-83, c. 54, s. 41.
Marginal note:Review
  •  (1) A Board of Review shall review the matter referred to it and for that purpose shall give to the person affected and any other person who has an interest in the matter a reasonable opportunity, in person or by counsel, to appear before the Board and to make representations and present evidence to the Board.

  • Marginal note:Adjournment

    (2) A Board of Review may from time to time adjourn any hearing before the Board on such terms and conditions as it sees fit.

  • Marginal note:Report

    (3) After reviewing the matter referred to it, a Board of Review shall submit a report with its recommendations to the Minister, together with all material and evidence that was before the Board, and, on receipt of the report, the Minister shall reconsider the interim prohibitory order and either revoke it unconditionally or on such terms and conditions as he sees fit or declare it to be a final prohibitory order.

  • 1980-81-82-83, c. 54, s. 41.
Marginal note:Presumption

 Where

  • (a) the Minister does not receive a request referred to in paragraph 43(2)(b) within the period stipulated therein, or

  • (b) a person affected has made a request referred to in paragraph 43(2)(b) within the period stipulated therein, but, in the opinion of the Board, fails to attend without reasonable excuse at the time and place set by the Board for any hearing, including any adjournment thereof, in relation thereto,

the interim prohibitory order shall be deemed to be a final prohibitory order.

  • 1980-81-82-83, c. 54, s. 41.
Marginal note:Revocation of order
  •  (1) If the Minister is satisfied that a person affected will not use mail for any of the purposes described in subsection 43(1), he may revoke an interim or final prohibitory order on such terms and conditions as he sees fit, including the payment of any costs incurred in connection with the Board of Review.

  • Marginal note:Reinstatement of order

    (2) If the Minister is satisfied that a person affected has not complied with any term or condition established pursuant to subsection (1) or 45(3), he may reinstate the interim or final prohibitory order.

  • Marginal note:Effect of order

    (3) Subject to subsection (4), while an interim or final prohibitory order is in effect, the Minister may

    • (a) detain or return to the sender any mail addressed to, or anything posted by, the person affected; and

    • (b) declare any mail detained pursuant to paragraph (a) to be undeliverable mail, and any mail so declared shall be dealt with in accordance with the regulations.

  • Marginal note:Idem

    (4) While an order that is deemed to be a final prohibitory order pursuant to section 46 is in effect, any mail detained pursuant to subsection (3) is deemed to be undeliverable mail and shall be dealt with in accordance with the regulations.

  • 1980-81-82-83, c. 54, s. 41.

Offences and Punishment

Marginal note:Opening mail

 Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

  • R.S., 1985, c. C-10, s. 48;
  • R.S., 1985, c. 1 (2nd Supp.), s. 172;
  • 2000, c. 17, s. 88;
  • 2001, c. 41, s. 79.
 
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