Chapter C-10
Canada Post Corporation Act
An Act respecting the Canada Post Corporation
SHORT TITLE
- Short title
- 1.
This Act may be cited as the Canada Post Corporation Act.
[1980-81-82-83, c.54, s.1.]
. . .
Customs
- 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.
- 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.
- Notice of seizure or detention
- (2.1)
Where mail is seized or detained under the Customs Act,
notice of the seizure or detention shall be given in writing
to the Corporation within sixty days after the seizure or detention
unless the mail has, before the expiration of that time,
been delivered to the addressee thereof or returned to the Corporation.
- Mail subject to customs laws
- (3)
A customs officer shall deal with all mail submitted to him
under this section in accordance with the laws relating to customs
and the importation of goods and, subject to such laws,
shall deliver such mail to the addressee thereof,
on payment of any postage due thereon,
or shall return it to the Corporation.
- 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.]
Prohibitory Orders
- 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").
- 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.]
- Board of Review
- 44. (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.
- Qualification
- (2)
At least one member of a Board of Review
shall be a person entitled to practise law in a province.
- 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.
- Powers of Board
- (4)
A Board of Review has all the powers of a commissioner under Part I
of the Inquiries Act.
- 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.]
- Review
- 45. (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.
- 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.
- 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.]
- Presumption
- 46.
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.]
- Revocation of order
- 47. (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.
- 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.
- 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.
- 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.]
. . .