Disagreements, reviews and appeals

Filing a Request for Review or for an Appeal

Seizures, ascertained forfeitures and penalties under the Customs Act

This redress process is used if the following applies:

• you have received a seizure receipt, a notice of ascertained forfeiture or a notice of penalty assessment stating that you are being charged under the Customs Act; and
• you believe that the CBSA has misunderstood the facts or has applied the law incorrectly.

This type of review may be referred to as a request for a Minister's decision.

• Request a review
• Extension of time
• Review process
• External appeals

Request a review

You must request a Minister's decision within 90 days of the date of an enforcement action. This can be done by sending a request in writing to the CBSA officer who took the enforcement action or to the CBSA office closest to the location where the seizure or charge took place.

Extension of time

In exceptional circumstances, you may apply for an extension of time to file your request for a Minister's decision.

Review process

The CBSA's Recourse Directorate conducts a full and impartial review of the enforcement action taken. The review process is basically a hearing by mail.

Within 30 days of filing your dispute notice, you will receive a letter containing the name and contact details of the adjudicator responsible for your file. The adjudicator will review your request and the reports of the officer who took the original enforcement action. You will then receive a notice explaining the reasons for the action and the issuing officer's reports. At this time, you will have the opportunity to make further submissions before the decision is made.

The adjudicator will consider all the evidence and arguments provided and the relevant law and policy to make a recommendation for decision. A senior CBSA officer, who has the authority to make a decision on behalf of the Minister of Public Safety, will review this recommendation and the file before issuing the decision.

A letter will be mailed to you once the decision has been made that will confirm or deny the contravention, explain the reasons for the decision and explain your avenues of appeal. This decision is final and neither the Minister of Public Safety nor CBSA officials have the authority to act further in the matter.

External appeals

If you disagree with the decision made, you have the right to file an appeal to the Federal Court. Please refer to the decision letter for information regarding time limits for external appeals.