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

Prohibitory Orders

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.

Marginal note: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.

• 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).

Marginal note: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.

• 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.

Marginal note: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.

Marginal note: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.

• 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.

Offences and Punishment

Marginal note:Opening mail

48 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.

Marginal note:Abandonment of mail

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

Marginal note:Delay of mail

• 50 (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.

Marginal note:Dangerous substances

51 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.

Marginal note:Removal of stamp

• 52 (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.

Marginal note:Destruction of records

53 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.

Marginal note:Issuance of postal remittances

54 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.

Marginal note:Evading payment of postage

55 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.

Marginal note:Violation of exclusive privilege

56 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.

Marginal note:Sale of postage stamps

57 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.

Marginal note:Use of words “post office”

• 58 (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.

Marginal note:Prohibitory orders

59 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.

Marginal note:Punishment

60 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.

Marginal note:Evidence

61 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.

Commencement

Marginal note:Commencement

Footnote ^*62 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.]