35. (1) Subject to regulations made pursuant to section 36, mail to or from the Governor General is free of postage.

(2) Subject to subsection (3), mail to or from

( a) the Speaker or Clerk of the Senate or House of Commons,

( b) a member of the Senate or House of Commons,

( c) the Parliamentary Librarian or the Associate Parliamentary Librarian, or

( d) the Ethics Commissioner or Senate Ethics Officer

is free of postage.

(3) Subject to regulations made pursuant to section 36, in any calendar year a member of the House of Commons may transmit by post free of postage to his constituents up to four mailings of printed matter without further address than “householder”, “boxholder”, “occupant” or “resident”.

(4) Subsections (1) and (2) apply only in respect of mail addressed to a place in Canada and do not apply in respect of

( a) parcels; or

( b) postage for registration, special delivery, insurance or other special services.

(5) The privileges provided under subsections (2) and (3) to a person who is a member of the House of Commons begin on the day that notice of his election to serve in the House of Commons is given by the Chief Electoral Officer in the Canada Gazette and end ten days after the day he ceases to be a member of that House.

R.S., 1985, c. C-10, s. 35; 2004, c. 7, s. 6.

36. The Governor in Council may make regulations governing transmission of mail free of postage for the purposes of subsections 35(1) and (3).

1980-81-82-83, c. 54 s. 34.

37. The Minister may enter into such agreements or arrangements with the government of any country or any independent postal authorities as appear to him necessary or desirable for carrying out the purposes and provisions of this Act.

1980-81-82-83, c. 54, s. 35.

38. (1) The Corporation may, with the approval of the Minister, make such arrangements for transmitting mail in emergencies as in its opinion are necessary in the interests of the public.

(2) Every common carrier in Canada when required by the Corporation shall carry mail and duly accredited employees of the Corporation on such terms and conditions as the regulations prescribe.

1980-81-82-83, c. 54, s. 36.

39. (1) In this section,

“deposited amount” means an amount that, after the coming into force of this section, is put on deposit with the Corporation or left with the Corporation for transmission by post, but does not include an amount paid to the Corporation on account of services or products to be provided at a future date;

“creditor” means a person to whose credit a deposited amount stands or who is otherwise legally entitled to claim a deposited amount.

(2) Where a deposited amount is less than twenty-five dollars and no transaction has occurred, or statement of account been requested, in relation thereto for a period of thirty years

(a) the creditor shall have no claim in respect of the amount; and

(b) the amount shall be credited in the Accounts of Canada to the Receiver General on such day as the Minister of Finance may fix.

(3) Her Majesty, the Corporation and any employee or agent thereof are not bound to see to the execution of any trust, whether express, implied or constructive, to which any deposited amount is subject.

(4) The receipt of a creditor or, if there is more than one creditor in respect of any one deposited amount, the receipt of any one such creditor is, notwithstanding any trust to which the deposited amount is then subject, a sufficient discharge to all concerned for the payment of any money payable in respect of the deposited amount and Her Majesty, the Corporation and any employee or agent thereof are not bound to see to the application of the money paid on such receipt.

1980-81-82-83, c. 54, s. 37.

40. (1) Subject to this Act and the regulations, Her Majesty, the Minister and the Corporation are not liable to any person for any claim arising from the loss, delay or mishandling of anything posted.

(1.1) Her Majesty and the Minister of Public Safety and Emergency Preparedness may be liable for any claim arising from the loss, delay or mishandling of anything posted while it is under the custody or control of a customs officer.

(2) Subject to this Act and the regulations, a mail contractor is not liable to any person, other than the Corporation, for any claim arising from the loss, delay or mishandling of any mail in the performance of his duties as a mail contractor.

(3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, nothing in the course of post is liable to demand, seizure, detention or retention.

R.S., 1985, c. C-10, s. 40; R.S., 1985, c. 1 (2nd Supp.), s. 170; 2000, c. 17, s. 86; 2001, c. 41, s. 77; 2005, c. 38, ss. 142, 145.

41. (1) The Corporation may open any mail, other than a letter, to determine in any particular case

(a) whether the conditions prescribed by regulations made pursuant to paragraph 19(1)(c) have been complied with;

(b) whether the manner prescribed by regulations made pursuant to paragraph 19(1)(e) has been adhered to; or

(c) whether the mail is non-mailable matter.

(2) The Corporation may open any undeliverable mail, including any undeliverable letters.

1980-81-82-83, c. 54, s. 39.

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.

(1.1) On request of a customs officer, all mail leaving Canada for a place outside Canada that contains or is suspected to contain anything the exportation of which is prohibited, controlled, regulated or subject to reporting under the Customs Act or any other Act of Parliament shall be submitted by the Corporation to the customs officer.

(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 or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

(2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

(3) A customs officer shall deal with all mail submitted to the officer under this section in accordance with the laws relating to customs and the importation of goods or currency and monetary instruments and, subject to those laws, shall deliver that mail to its addressee, on payment of any postage due on it, or shall return it to the Corporation.

(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; 2000, c. 17, s. 87; 2001, c. 25, s. 87, c. 41, s. 78.

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”).

(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.

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.

(2) At least one member of a Board of Review shall be a person entitled to practise law in a province.

(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.

(4) A Board of Review has all the powers of a commissioner under Part I of the Inquiries Act.

(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.

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.

(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.

(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.

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.

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.

(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.

(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.

(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.

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.

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.

49. 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.

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.

(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.

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.

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

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.

(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.

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.

1980-81-82-83, c. 54, s. 47.

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.

1980-81-82-83, c. 54, s. 48.

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.

1980-81-82-83, c. 54, s. 49.

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.

1980-81-82-83, c. 54, s. 50.

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.

1980-81-82-83, c. 54, s. 51.

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.

(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.

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.

1980-81-82-83, c. 54, s. 53.

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.

1980-81-82-83, c. 54, s. 54.

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.

1980-81-82-83, c. 54, s. 55.

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

* [Note: Paragraph 19(1)(j) and section 39 not in force.]

1980-81-82-83, c. 54, s. 72.