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.

Preamble

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:

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)

Liability to seizure

(3)  Insertion start Despite Insertion end any other Act or law, nothing in the course of post is liable to demand, seizure, detention or retention, Insertion start except as Insertion end subject to this Act and Insertion start its Insertion end regulations Insertion start or an enforcement statute Insertion end .

Limited liability

(4) For greater certainty, the Minister and the Corporation are not liable to any person for any claim in respect of anything posted arising from a demand, seizure, detention or retention under an enforcement statute.

Notice of seizure or detention

(2.‍1) If mail is seized Insertion start , retained Insertion end or detained under Insertion start this Act Insertion end or Insertion start an enforcement statute Insertion end , notice of the seizure, detention or retention Insertion start must Insertion end be given in writing to the Corporation within Insertion start 60 Insertion end 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.‍

Opening mail

48 Every person commits an offence who 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 except where expressly authorized by or under this Act Insertion start and its regulations or an enforcement statute Insertion end .

Item seized in course of post

(19) For the purposes of this section, the lawful owner of a thing seized in the course of post under the Canada Post Corporation Act is presumed to be the addressee if that person is lawfully entitled to possession of the thing seized under this or any other Act of Parliament.‍

Item seized in course of post

(1.‍1) An application under subsection (1) may only be made by the addressee of the mail or the Canada Post Corporation if the controlled substance, precursor or chemical offence-related property was in the course of post under the Canada Post Corporation Act at the time it was seized, found or otherwise acquired by a peace officer, inspector or prescribed person.

Item seized in course of post

(1.‍1) An application under subsection (1) may only be made by the addressee of the mail or the Canada Post Corporation if the cannabis or chemical property was in the course of post under the Canada Post Corporation Act at the time it was seized, found or otherwise acquired by a peace officer, inspector or prescribed person.