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

Act current to 2019-11-19 and last amended on 2017-09-21. Previous Versions

PART IIGeneral Postal Matters (continued)

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

Marginal note:Abandonment of mail

 Every person commits an offence who unlawfully and knowingly abandons, misdirects, obstructs, delays or detains the progress of any mail or mail conveyance.

  • 1980-81-82-83, c. 54, s. 43

Marginal note:Delay of mail

  •  (1) Every person commits an offence who, without reasonable cause, refuses to permit or delays permitting any mail or mail conveyance to pass on or use any road, ferry or other route or mode of transport access to which is under his control.

  • Marginal note:Reasonable cause

    (2) For the purposes of subsection (1), collecting toll, ferriage or other charge for the use of any route or mode of transport is deemed not to be reasonable cause.

  • 1980-81-82-83, c. 54, s. 44

Marginal note:Dangerous substances

 Except under and in accordance with the Transportation of Dangerous Goods Act, 1992, every person commits an offence who encloses in or with any mailable matter transmitted by post, or puts into any post office, any explosive, dangerous or destructive substance or any thing likely to injure persons or damage property.

  • R.S., 1985, c. C-10, s. 51
  • 1993, c. 34, s. 17

Marginal note:Removal of stamp

  •  (1) Every person commits an offence who, with fraudulent intent,

    • (a) removes from mail any postage stamp affixed thereon; or

    • (b) removes from any previously used postage stamp any mark or cancellation that has been made thereon at any post office.

  • Marginal note:Defacing of stamp

    (2) Every person commits an offence who, without the written consent of the Corporation, defaces, distorts, overprints or otherwise modifies any postage stamp.

  • 1980-81-82-83, c. 54, s. 46

Marginal note:Destruction of records

 Every person commits an offence who knowingly secretes, destroys, mutilates, obliterates, defaces, erases or changes any record or account of any transaction pertaining to the business of the Corporation, or refuses to produce or deliver such record or account to any duly authorized officer of the Corporation on demand.

  • 1980-81-82-83, c. 54, s. 47

Marginal note:Issuance of postal remittances

 Every person commits an offence who issues any postal remittance or authorization therefor without receiving, or ensuring in a manner authorized by the Corporation that the Corporation will receive, the sum payable therefor.

  • 1980-81-82-83, c. 54, s. 48

Marginal note:Evading payment of postage

 Every person commits an offence who, for the purpose of evading payment of postage,

  • (a) encloses a letter or any writing intended to serve the purpose of a letter in mail not paid at the rate of postage for letters;

  • (b) uses in payment of postage any previously used postage stamp; or

  • (c) affixes on mailable matter anything suggesting that

    • (i) the mailable matter is entitled to be transmitted by post free of postage or at a lower rate of postage than that otherwise applicable thereto, or

    • (ii) the postage or any part thereof has been paid or ought to be paid by or charged to any other person.

  • 1980-81-82-83, c. 54, s. 49

Marginal note:Violation of exclusive privilege

 Every person who, in violation of the exclusive privilege of the Corporation under section 14, collects, transmits or delivers to the addressee thereof, or undertakes to collect, transmit or deliver to the addressee thereof, any letter within Canada, or receives or has in his possession within Canada any letter for the purpose of so transmitting or delivering it, commits an offence in respect of each such letter.

  • 1980-81-82-83, c. 54, s. 50

Marginal note:Sale of postage stamps

 Every person commits an offence who, without the consent of the Corporation, engages in the business of selling postage stamps to the public for the purpose of payment of postage.

  • 1980-81-82-83, c. 54, s. 51

Marginal note:Use of words “post office”

  •  (1) Every person commits an offence who, without the written consent of the Corporation, places or permits or causes to be placed or to remain on his premises the words “post office” or any other word or mark suggesting that such premises are a post office or a place for the receipt of letters.

  • Marginal note:Use of postal marks

    (2) Every person commits an offence who, without the written consent of the Corporation, places on any thing any word or mark suggesting that the thing

    • (a) has been duly authorized or approved by the Corporation;

    • (b) is used in the business of the Corporation; or

    • (c) is of a kind similar or identical to any thing used in the business of the Corporation.

  • 1980-81-82-83, c. 54, s. 52

Marginal note:Prohibitory orders

 Every person commits an offence who

  • (a) knowingly does anything prohibited by an interim or final prohibitory order under subsection 43(1), 45(3) or 47(2);

  • (b) changes his name or address to avoid compliance with an order referred to in paragraph (a); or

  • (c) knowingly solicits mail while an order referred to in paragraph (a) is in effect.

  • 1980-81-82-83, c. 54, s. 53

Marginal note:Punishment

 Every person who contravenes any provision of this Act or the regulations or who commits an offence under any of sections 48 to 59

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

  • 1980-81-82-83, c. 54, s. 54

Marginal note:Evidence

 In any prosecution under this Act, evidence that any thing bears the words “Post Office”, “Canada Post Office”, “Canada Mail”, “Canada Post”, “Canada Post Corporation” or any similar expression is evidence that the thing was established or authorized for use in connection with the Corporation by this Act or the regulations.

  • 1980-81-82-83, c. 54, s. 55

Commencement

Marginal note:Commencement

Footnote * Paragraph 19(1)(j) and section 39 shall come into force on a day to be fixed by proclamation.

  • Return to footnote *[Note: Paragraph 19(1)(j) and section 39 repealed before coming into force, see 2008, c. 20, s. 3.]

  • 1980-81-82-83, c. 54, s. 72
 
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