Non-mailable Matter Regulations

Consolidated Statutes and Regulations
Enabling statute: Canada Post Corporation Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/C-10/SOR-90-10/42550.html
Regulation current to September 15, 2006

SOR/90-10

Registration 14 December, 1989

CANADA POST CORPORATION ACT

Non-mailable Matter Regulations

P.C. 1989-2452 14 December, 1989

Whereas, pursuant to section 20 of the Canada Post Corporation Act, a copy of the proposed Regulations respecting non-mailable matter, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on July 22, 1989 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Regional Industrial Expansion with respect thereto;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Regional Industrial Expansion, pursuant to subsection 19(1) of the Canada Post Corporation Act, is pleased hereby to approve the revocation of the Prohibited Mail Regulations, C.R.C., c. 1289, and to approve the annexed Regulations respecting non-mailable matter, made by the Canada Post Corporation, effective January 1, 1990.

REGULATIONS RESPECTING NON-MAILABLE MATTER

SHORT TITLE

1. These Regulations may be cited as the Non-mailable Matter Regulations.

INTERPRETATION

2. In these Regulations, "letter-post item" has the same meaning as in the International Letter-post Items Regulations. (envoi de la poste aux lettres) SOR/90-799, s. 1.

NON-MAILABLE MATTER

3. For the purposes of the Canada Post Corporation Act and the regulations under that Act, the items set out in the schedule are non-mailable matter.

DISPOSITION OF NON-MAILABLE MATTER

4. Any non-mailable matter found in course of post, other than non-mailable matter that is seized under the Customs Act, shall be disposed of as follows:

(a) any non-mailable matter included in item 1 of the schedule shall be destroyed or disposed of in a manner that does not expose any person or property or the environment to danger;

(b) any non-mailable matter included in item 2 of the schedule shall be delivered to an association for the protection of animals or any other facility that shelters or looks after animals;

(c) any non-mailable matter included in item 3 of the schedule shall, where its outside cover bears a return address, be returned to the sender or, where its outside cover does not bear a return address, be destroyed;

(d) any non-mailable matter included in item 4 of the schedule shall be delivered to a police officer, a peace officer or the competent authority, as applicable; and

(e) any non-mailable matter included in item 5 of the schedule shall, where its outside cover bears a return address, be returned to the sender or, where its outside cover does not bear a return address, be disposed of in accordance with the Undeliverable and Redirected Mail Regulations. SOR/98-557, s. 1.

5. Where any non-mailable matter is returned to the Corporation by a customs officer, it shall be held by the Corporation

(a) for 30 days, or

(b) where legal proceedings in which the non-mailable matter may be required are commenced before and continued after the expiration of the 30 days referred to in paragraph (a), until the final disposition of those proceedings,

and thereafter shall be disposed of in accordance with section 4. SOR/92-695, s. 1(F); SOR/2002-166, s. 1.

6. Where any non-mailable matter that contains an intoxicating beverage is returned to the Corporation by a customs officer, it shall be

(a) returned to the country of origin where the addressee so requests and pays the return postage therefor; or

(b) held for 30 days and thereafter destroyed, unless within that time the addressee requests that it be returned to the country of origin and pays the return postage therefor.

SCHEDULE
(ss. 3 to 5)
NON-MAILABLE MATTER

Item	Non-mailable Matter

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1.	(1)	Dangerous goods as defined in the Transportation of Dangerous Goods Act or the regulations made thereunder, except where, in accordance with that Act and those regulations, (a) the sender of the dangerous goods offers them to the Corporation for transport; and (b) the Corporation is capable of handling and transporting the dangerous goods.
	(2)	Items that, because of the manner in which they are packed, may expose a person to danger or may damage mail or postal equipment.
	(3)	Letter-post items or parcels that contain dangerous or perishable items prohibited by article 25 of the Universal Postal Convention (Beijing, 1999) and by articles XII and XIII of the Final Protocol of that Convention.
	(4)	Items that may soil mail or postal equipment.
	(5)	Items that emit offensive odours.

(6)

Fish, game, meat, fruit, vegetables, perishable biological substances or other perishable items that are not prepared for posting in accordance with the applicable requirements of the current Canada Postal Guide -- Guide des postes du Canada, published by the Corporation.

2.	(1)	Live animals, other than live animals that are accepted for transmission by post pursuant to an agreement with the Corporation or that are referred to in the current Canada Postal Guide -- Guide des postes du Canada, published by the Corporation and are prepared for posting in accordance with the applicable requirements set out in that guide.
	(2)	Letter-post items or parcels that contain live animals prohibited by article 25 of the Universal Postal Convention (Beijing, 1999) and by articles XII and XIII of the Final Protocol of that Convention.
3.	(1)	Items that have on their outside cover

		(a)	anything written or printed or attached thereto, other than the name and address of the addressee and of the sender or endorsements or attachments that are authorized by or under applicable regulations or by the Corporation;
		(b)	on the address side thereof, a stamp of a charity or some other non-postal stamp indicating value;
		(c)	in the space reserved for postage stamps, stamps or stickers of private manufacture;

		(d)	hand-stamped or printed facsimiles of postal cancelling or franking stamps; or
		(e)	successive addresses.

(2)

Envelopes with windows, unless

		(a)	each window has a transparent covering; and
		(b)	the longest sides of the window through which the address is visible are parallel to the longest sides of the envelope.

(2.1) Letter-post items in wholly transparent envelopes, unless

		(a)	the envelopes are constructed in such a way that they can be easily handled while in the course of transmission by post; and
		(b)	a label is securely attached to the outer surface of the envelope and the label has sufficient space to include the name and address of the addressee, the postage and any applicable service instructions.

(3)

[Repealed, SOR/2002-166, s. 2]

(4)

Letter-post items and parcels, other than those referred to in subitems 1(3) and 2(2), that contain matter prohibited by article 25 of the Universal Postal Convention (Beijing, 1999) and articles XII and XIII of the Final Protocol of that Convention.

4.	Any item transmitted by post in contravention of an Act or a regulation of Canada.

5.	Gold bullion, gold dust and non-manufactured precious metals unless accepted for transmission by post pursuant to an agreement with the Corporation.
6.	At any time during which a notice of interruption of postal services given pursuant to the Postal Services Interruption Regulations is in effect, any item that has not been posted that would, but for this item, be mailable matter and that, because of the interruption of postal services, cannot be transmitted by post from or to an area in which the interruption of postal services is in effect.

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SOR/90-799, ss. 2 to 4; SOR/92-695, ss. 2, 3, 4(F); SOR/94-201, ss. 1, 2; SOR/95-309, ss. 1, 2; SOR/98-557, ss. 2, 3; SOR/2000-199, ss. 29, 30; SOR/2002-166, s. 2; SOR/2003-382, ss. 23 to 25.


				Important Notices