Review of Penalties/Customs Seizures/Ascertained Forfeitures

The Canada Border Services Agency (CBSA) reviews requests for ministerial decisions of penalties, seizures and ascertained forfeitures made under the Customs Act.

Eligibility Criteria

The following persons may ask CBSA for a review:

• anyone from whom goods have been seized;
• anyone who has been served with a notice of penalties or ascertained forfeiture;
• anyone who owns goods that have been seized;
• anyone who has deposited money or security to get such goods released.

Persons requesting such a review may include the following:

• individual travellers;
• commercial entities;
• customs brokers and agents;
• legal representatives.

Summary

To exercise the right of review, the client must make a request in writing within 90 days of the date of the seizure or notice. This request must be sent to the customs office that made the seizure or issued the notice. A lawyer or a customs broker or agent may represent the client during the review. However, lawyer and agents must present a written authority to do so. Representation, however, is not necessary.

The letter requesting a review goes to the Adjudications Division, which opens a file and assigns the case to an adjudicator. The adjudicator then writes to the client, outlining the reasons why the seizure was made or the notice was issued. This letter also explains that the client has 30 days from the date of the letter to provide additional evidence. The Agency may extend this time limit if necessary.

The adjudicator considers the facts, the law and any legal precedents, and decides whether to uphold or overturn the seizure or notice. The Agency then informs the client of this decision.

Once it has issued its decision, the Agency has no further authority to review the case.

If the client does not agree with the decision, an appeal may be filed with the Federal Court of Canada, Trial Division, within 90 days from the date of the decision.

If you require personal assistance contact the Customs Client Services Office closest to you (see Related Reading: Customs Offices - Supplement or from Canada Border Service Agency's Web site for a list of addresses).

Quebec Contact(s):
See National Contact.

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National Contact(s):
Border Information Service - BIS
Canada Border Services Agency
Telephone: 204-983-3500 or 506-636-5064
Toll-free (information): 1-800-461-9999
Web site: http://www.cbsa.gc.ca/menu-eng.html