SOR/90-10198912

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202211

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CANADA POST CORPORATION ACTNon-mailable Matter RegulationsRegulations Respecting Non-mailable MatterP.C.1989-2452  198912

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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.Short Title

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

Interpretation

2In 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

3For 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

4Any 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 or 7 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 or 8 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; SOR/2006-220, s. 1; SOR/2008-200, s. 1

5Where 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

6Where 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(Sections 3 to 5)ItemNon-mailable Matter1(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 items prohibited by article 19 of the Universal Postal Convention and by articles VIII and IX of the Final Protocol to that Convention, as contained in the Decisions of the 2016 Istanbul Congress.(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 19 of the Universal Postal Convention, as contained in the Decisions of the 2016 Istanbul Congress.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 or parcels, other than those referred to in subitems 1(3) and 2(2), that contain matter prohibited by article 19 of the Universal Postal Convention and by articles VIII and IX of the Final Protocol to that Convention, as contained in the Decisions of the 2016 Istanbul Congress.4Any item transmitted by post in contravention of an Act or a regulation of Canada.5Gold bullion, gold dust and non-manufactured precious metals unless accepted for transmission by post pursuant to an agreement with the Corporation.6[Repealed, SOR/2010-289, s. 1]7Replica or inert munitions, as well as other devices that simulate explosive devices or munitions, including replica or inert grenades or other simulated military munitions, whether or not such items are for display purposes.8(1)For the purposes of subitems (2) and (3), sexually explicit material that is sent as addressed admail or unaddressed admail means(a)images or representations of nudity that are suggestive of sexual activity;(b)images or representations of sexual intercourse, with no suggestion of violence or degradation; or(c)written text that describes sexual acts in a way that is more than purely technical, with no suggestion of violence or degradation.(2)Sexually explicit material that is not in an opaque envelope with the words “adult material” or a similar warning.(3)Sexually explicit material that is on the outside of an envelope.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; SOR/2006-220, s. 2; SOR/2006-345, s. 4; SOR/2008-200, s. 2; SOR/2008-285, s. 8(F); SOR/2009-335, ss. 3 to 5; SOR/2010-289, s. 1; SOR/2014-53, ss. 3 to 5SOR/2018-276, s. 2SOR/2018-276, s. 3SOR/2018-276, s. 4SOR/2021-91, s. 7SOR/2021-91, s. 8SOR/2021-91, s. 9SOR/2021-912021-05-01SOR/2018-276, s. 22019-03-15SOR/2018-276, s. 32019-03-15SOR/2018-276, s. 42019-03-15