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ARTICLE · 20 FEBRUARY 2017

The Canada Border Services Is Getting Authority To Open All Cross-Border Mail

LexSage
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The Canada Border Services Agency ("CBSA") has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages.

CanadaInternational Law
Cyndee Todgham Cherniak
Cyndee Todgham Cherniak
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The Canada Border Services Agency ("CBSA") has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client. A few years ago I was surprised to see that the CBSA opened a package I received from Professor Henry King sending me a signed copy of his book.

Currently, many letters cannot be opened. Subsections 99(2) and 99(3) of the Customs Act currently restrict the CBSA's power/authority to open mail – they cannot open mail weighing less than 30 grams (unless the person consents to the letter being opened). However, this is about to change. Subsections 99(2) and 99(3) of the Customs Act will be repealed if Bill C-37 "An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts" is passed (see Section 52 of Bill C-37). Bill C-37 has received

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