Postal Services Interruption Relief Act
R.S.C., 1985, c. P-16
An Act to provide relief in certain cases against loss or hardship suffered as a result of interruptions of normal postal services
Marginal note:Short title
- R.S., c. P-15, s. 1.
Marginal note:Application for relief to judge
2. A person who, as a result of the interruption of normal postal services in Canada of more than forty-eight hours duration, however caused, has suffered loss or hardship by reason of the failure of that person to comply with any time requirement or period of limitation contained in any law of Canada may apply for relief to a judge of the Federal Court on fourteen days notice in writing
(a) to the Deputy Attorney General of Canada; and
(b) if that person has reason to believe that any other person may be affected by any order made pursuant to section 3 as a result of the application, to that other person.
- R.S., c. P-15, s. 2;
- R.S., c. 10(2nd Supp.), s. 64.
3. (1) If the judge to whom an application under section 2 is made is satisfied
(a) that the applicant has suffered loss or hardship as a result of any interruption described in that section,
(b) that the applicant took, without avail, such reasonable steps to comply with the time requirement or period of limitation as were open to the applicant, and
(c) that the application was made without undue delay,
the judge may, after affording to any person who may be affected by any order made pursuant to this section as a result of the application an opportunity to be heard on the application or to make representations in connection therewith, and subject to such conditions, if any, as to the judge seem just, grant relief by order as provided in subsection (2).
Marginal note:Making of order
(2) For the purpose of granting relief pursuant to subsection (1), the judge may
(a) make an order waiving the time requirement or period of limitation in relation to the applicant and fixing such other time requirement or period of limitation in relation thereto as, in the opinion of the judge, the circumstances warrant; and
(b) make such further order as, in the opinion of the judge, is necessary to permit the applicant effectively to do any thing or exercise any right that the applicant would, but for having failed to comply with the time requirement or period of limitation, have been able to do or exercise.
Marginal note:Orders respecting proceedings
(3) Where the time requirement or period of limitation with which an applicant under section 2 failed to comply relates to the commencement or carrying on of any proceeding authorized or provided for under any law of Canada, the power exercisable pursuant to paragraph (2)(b) shall be deemed to include power to make such order as the judge considers necessary to enable the proceeding to be commenced and continued or to be carried on as though the applicant had not failed to comply with that time requirement or period of limitation.
- R.S., c. P-15, s. 3.
- Date modified: