Law:Postal Services Interruption Relief Act

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R.s.c., 1985, c. P-16

An Act to provide relief in certain cases against loss or hardship suffered as a result of interruptions of normal postal services

Short title

1. This Act may be cited as the Postal Services Interruption Relief Act.

R.S., c. P-15, s. 1.

Application for relief to judge

2. A person who, as a result of the interruption of normal postal services in Canada of more than forty-eight hours duration, however caused, has suffered loss or hardship by reason of the failure of that person to comply with any time requirement or period of limitation contained in any law of Canada may apply for relief to a judge of the Federal Court on fourteen days notice in writing

(a) to the Deputy Attorney General of Canada; and

(b) if that person has reason to believe that any other person may be affected by any order made pursuant to section 3 as a result of the application, to that other person.

R.S., c. P-15, s. 2; R.S., c. 10(2nd Supp.), s. 64.

Relief

3. (1) If the judge to whom an application under section 2 is made is satisfied

(a) that the applicant has suffered loss or hardship as a result of any interruption described in that section,

(b) that the applicant took, without avail, such reasonable steps to comply with the time requirement or period of limitation as were open to the applicant, and

(c) that the application was made without undue delay,

the judge may, after affording to any person who may be affected by any order made pursuant to this section as a result of the application an opportunity to be heard on the application or to make representations in connection therewith, and subject to such conditions, if any, as to the judge seem just, grant relief by order as provided in subsection (2).

Making of order

(2) For the purpose of granting relief pursuant to subsection (1), the judge may

(a) make an order waiving the time requirement or period of limitation in relation to the applicant and fixing such other time requirement or period of limitation in relation thereto as, in the opinion of the judge, the circumstances warrant; and

(b) make such further order as, in the opinion of the judge, is necessary to permit the applicant effectively to do any thing or exercise any right that the applicant would, but for having failed to comply with the time requirement or period of limitation, have been able to do or exercise.

Orders respecting proceedings

(3) Where the time requirement or period of limitation with which an applicant under section 2 failed to comply relates to the commencement or carrying on of any proceeding authorized or provided for under any law of Canada, the power exercisable pursuant to paragraph (2)(b) shall be deemed to include power to make such order as the judge considers necessary to enable the proceeding to be commenced and continued or to be carried on as though the applicant had not failed to comply with that time requirement or period of limitation.

R.S., c. P-15, s. 3.

Directions for public notice

4. (1) Where the judge to whom an application under section 2 is made is of the opinion that public notice of the hearing of the application should be given in order that it may be brought to the attention of any person who may be affected by any order made pursuant to section 3 as a result of the application, the judge may, at any time before disposing of the application, direct the applicant to give public notice of the hearing in such form and manner as the judge deems fit.

Directions for affording opportunity to be heard

(2) Where, pursuant to subsection (1), a judge has directed that public notice of the hearing of an application be given, the judge may from time to time thereafter give such further directions as he considers necessary or desirable in order that any person to whose attention the notice is intended to be brought may be afforded an opportunity to be heard on the application or to make representations in connection therewith.

R.S., c. P-15, s. 4.

Jurisdiction exercisable by any judge of Federal Court

5. Where, in respect of any application under section 2, any matter or thing is authorized or required by this Act to be done or proceeded with by or before a judge of the Federal Court, the matter or thing may be done or proceeded with by or before any other judge of the Court as though the application were an application to the Court.

R.S., c. P-15, s. 5; R.S., c. 10(2nd Supp.), s. 64.


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