Effective Immediately

The Government of Canada has approved an amendment to the Non-mailable Matter Regulations providing a definition of sexually explicit material and applicable requirements when such items are mailed as Addressed Admail or Unaddressed Admail.

The Non-mailable Matter Regulations, made under section 19 of the Canada Post Corporation Act, set out a list of items that Canada Post considers unacceptable for mailing purposes and provide for the process of disposing of such items.

The regulatory amendment to the Non-mailable Matter Regulations provides a definition of sexually explicit material, as agreed to by the Federal Court in a recent ruling on the mailing of such material:

"Sexually explicit material" means images or representations of nudity that are suggestive of sexual activity; images or representations of sexual intercourse, with no suggestion of violence or degradation; or written text that describes sexual acts in a way that is more than purely technical, with no suggestion of violence or degradation.

The amendment specifies that such material is non-mailable as Addressed or Unaddressed Admail unless it is enclosed in an opaque envelope that is clearly marked as containing adult material.  Sexually explicit material will also not be permitted on the outside of an envelope.

The amendment, effective immediately is reflected in the updated Canada Postal Guide and Section 2.1.4 Non-Mailable Matter of the Addressed Admail Customer Guide and the Unaddressed Admail Customer Guide.