First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022 |
SENATE OF CANADA |
An Act to amend the Canada Post Corporation Act (seizure) and to make related amendments to other Acts
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FIRST READING, November 22, 2022
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THE HONOURABLE SENATOR DALPHOND |
This enactment amends the Canada Post Corporation Act to designate certain statutes under which items in the course of post may be seized, detained or retained. It makes related amendments to the Criminal Code, the Controlled Drugs and Substances Act and the Cannabis Act.
Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022 |
SENATE OF CANADA |
BILL S-256 |
An Act to amend the Canada Post Corporation Act (seizure) and to make related amendments to other Acts |
Whereas under the Canada Post Corporation Act, police in Canada cannot lawfully search, seize, detain or retain Canada Post mail in the course of post to intercept contraband, including dangerous drugs — including fentanyl and other opioids — firearms, alcohol and counterfeit items;
Whereas such a restriction does not apply to police activities involving private courier services;
Whereas a reduction in opioid trafficking in the mail may save lives in Canada, together with harm reduction approaches, in the context of the ongoing public health crisis of opioid addiction;
Whereas a reduction in contraband trafficking generally will help keep Canadians safe, including postal workers;
Whereas amendments to the Canada Post Corporation Act are necessary to permit searches, seizures, detentions and retentions of contraband in mail in the course of post by police;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Canadian Postal Safety Act.
R.S., c. C-10
enforcement statute means
(a) an Act of Parliament;
(b) the law of a province; or
(c) a law or by-law made by a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (loi d’exécution)
R.S., c. C-46
1996, c. 19
2018, c. 16
Published under authority of the Senate of Canada
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(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.
(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.
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.