Opening Mail
28. Border services officers have the authority to examine goods under section 99 of the Customs Act. This authority may be exercised if there are reasonable grounds to suspect that a mail item contains goods subject to the Customs Tariff, or any goods prohibited, controlled, or regulated under any other Act of Parliament.
29. Under subsection 99(2) of the Customs Act,
a border services officer may not open any mail item that weighs 30 grams or less, unless the addressee or sender has given the authorization to do so.
30. CBSA Mail Opening policy requires the weight of the external shipping packaging be considered when determining the total weight of the mail item in order to arrive at the 30-gram limit.
31. Under CBSA Private Communication policy, while conducting a physical examination of mail items, border services
officers are not permitted to read personal or private communications intended for the addressee. Personal or private communications include correspondence, information, letters, messages, notes, and similar communications whether or not enclosed in an envelope. The term correspondence does not include invoices, order forms, cheques, newspapers, magazines, books, catalogues, blank forms, manuscripts, or recorded mass storage devices such as tapes, microfilm, or discs.
^^^ So they have to read it first to determine whether or not they're allowed to read it... rrrrrRight.
Exception : If a seizure action has taken place and the border services officer has reasonable and probable grounds to suspect that a communication found accompanying seized goods may contain evidence of illegality, an exception to the foregoing private communications policy is permitted.
^^ There were no seized goods, so no exception to the rule.
32. Under subsection 17(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, a border services officer may examine any mail that is being imported or exported and open or cause to be opened any such mail that the
officer suspects on reasonable grounds contains currency or monetary instruments of a value equal to or greater than the amount prescribed. If the mail item is less than 30 grams, the sender or recipient’s authorization is required. Refer to Memorandum D19-14-1, Cross-Border Currency and Monetary Instruments Reporting, for more information.
^^^ This. So they x-rayed it, saw a credit card - And the Credit Card was "Reasonable grounds" to find something illegal which is NOT a credit card? A Credi card and or bank card are not "Monetary isntruments" as per definition of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
33. It is the sender’s responsibility to accurately report the value and clearly describe the contents of any mail item. See Appendix C for the prescribed elements required for reporting.
^^ It was reported as business documents - Which it was. with a value of 1.00, which is likely 1.00 higher than the actual value of zero.
34. Border services officers may open a mail item and review invoices to ensure the most accurate assessment is made. Mail items that are opened and subsequently assessed duties and taxes or released for delivery are normally closed with tape marked Opened by CBSA, Form E608. If the border services officer uses clear sealing tape to close the item, the mail item must be stamped “Cleared Customs.” See Appendix D for a copy of Form E608.
35. Form E605, Your Package Has Been Examined should be included in mail items that are opened because there was not enough information on the declaration. E605 is used to advise importers of CBSA requirements to ensure future shipments are properly declared. Mail items that are subsequently released for delivery or assessed duties and or taxes are closed with customs tape referred to as Form E608 and resealed with clear sealing tape. If clear sealing tape is used to close the item, the item must be stamped “Examined by CBSA.” See Appendix E for a copy of Form E605.