BSF699 - Application for the Return of (a) Seized Travel and/or Identity Document(s)
Pursuant to subsection 254 and 255 of the Immigration and Refugee Protection Regulations

Protected B when completed

Seizure Number

The information you provide in this document is collected under the authority of Section 140 of the Immigration and Refugee Protection Act (IRPA) for the purposes of recording events and key information related to seizures as well as to track the handling and disposition of the travel and/or identity documents. The information may be disclosed to Immigration, Refugees and Citizenship Canada (IRCC) for the purposes of admissibility determination.

Under the Immigration and Refugee Protection Regulations, you may apply for the return of seized document(s) if you are:

• the person from whom the document(s) was(were) seized, or
• the lawful owner of (a) seized document(s)

Subsections 254(2),(3),(4) and 255(2),(3),(4) of the Immigration and Refugee Protection Regulations detail the conditions that an applicant must satisfy in order for the document(s) to be returned.

The person from whom the document(s) was(were) seized:
If you are the person from whom the document(s) was(were) seized, you may apply in writing for the return of the document(s) within 60 days after the day on which notification of the seizure was provided, if the document(s) was(were) seized on the ground(s) that it was(they were) fraudulently or improperly obtained or used, or that it was (they were) seized to prevent the fraudulent or improper use of the document(s).

Lawful owner of the seized document(s):
Note that for certain travel and/or identity documents, e.g. passports, the lawful owner is the issuing authority that issued the document and not the bearer.
If you claim to be the lawful owner of the document(s) that was(were) seized, you may apply in writing for the return of the document(s) within 60 days after the day on which notification of the seizure was provided, if the document(s) was(were) seized on the ground(s) that it was(they were) fraudulently or improperly obtained or used, or that it was (they were) seized to prevent the fraudulent or improper use of the document(s).

Pursuant to subsection 256, if the person from whom a thing was seized or the lawful owner of a seized document makes an application under section 254 or 255 for the return of (a) document(s), the application of the lawful owner will be processed first. Please note that subsection 257 states that a seized thing shall only be returned if its return would not be contrary to the purposes of the Act.

If you wish to apply for the return of the seized document(s), please complete this form and mail to the address noted on the BSF698 "Notice of Seizure of (a) Travel and/or Identity Document(s)" that was provided when the seizure occurred.

For general inquiries, please contact the Border Information Services line at 1-800-461-9999.

Part 1 – Client Information

• Surname
• Given name(s)
• Client ID
• Address (No. and street)
• City
• State/Province
• Postal code
• Country
• Telephone

Part 2 – Details of Seizure

Attach a copy of the BSF698 " Notice of Seizure of (a) Travel and/or Identity Document(s) " that was provided when the seizure occurred and check one box below

I am the person from whom the document(s) was(were) seized

Please demonstrate the following according to the applicable ground(s) for seizure: (Can be found on the BSF698 Notice of Seizure of (a) Travel and/or Identity Document(s) you were provided upon seizure).

Improperly or fraudulently obtained:

• You were entitled to be in possession of the document at the time of the seizure and are still entitled to it.

Improperly or fraudulently used:

• You did not participate in the fraudulent or improper use of the document.
• You were entitled to be in possession of the document at the time of the seizure and are still entitled to it.

Necessary to prevent improper or fraudulent use:

• That the seizure is no longer necessary to prevent the fraudulent or improper use of the document.
• You were entitled to be in possession of the document at the time of the seizure and are still entitled to it.

(If there is insufficient space, attach a separate sheet of paper with further details to this form)

I claim to be the lawful owner of the document(s) that was(were) seized

(Please note that for certain travel/identity documents e.g. passports, the lawful owner is the authority that issued the document and not the document bearer).

Please demonstrate in the space below, the following, according to the applicable ground(s) for seizure: (Can be found on the BSF698 Notice of Seizure of (a) Travel and/ or Identity Document(s) you were provided upon seizure).

Improperly or fraudulently obtained:

• You were the lawful owner at the time of the seizure and are still the lawful owner.

Improperly or fraudulently used:

• You were the lawful owner at the time of the seizure and are still the lawful owner. You did not participate in the improper or fraudulent use of the document.
• You exercised all reasonable care to satisfy yourself that the person to whom you gave possession of the thing was not likely to improperly or fraudulently use it.

Necessary to prevent improper or fraudulent use:

• You were the lawful owner at the time of the seizure and are still the lawful owner.
• That the seizure is no longer necessary to prevent the improper or fraudulent use of the document.

(If there is insufficient space, attach a separate sheet of paper with further details to this form)

Part 3 – Outcome of Application for the Return of (a) Seized Travel and/or Identity Document(s)

Date application received

Outcome

• The following document(s) is(are) to be returned to applicant
• Seizure is maintained on the following document(s)

Document Details

For the following reason(s)

Name and Title of Officer

Port of Entry/Office/Mission

Signature of Officer

Date

Document(s) Received By

Client Name

Date

Signature of Client

Name and Signature of Witnessing Officer

Date

Part 4 – Immigration and Refugee Protection Regulations

Notice of seizure – person from whom seized

253(1) An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure.

Notice of seizure – lawful owner

(2) If the person from whom the thing was seized is not the lawful owner, the officer shall make reasonable efforts to identify the lawful owner and to give the lawful owner written notice of, and the grounds for, the seizure. If the notice is provided by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.

Application for return – person from whom seized

254(1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was seized may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(1) was provided.

Return – improperly or fraudulently obtained

(2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that they were entitled to have that thing in their possession at the time of the seizure and that they are still entitled to it.

Return – improperly or fraudulently used

(3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it.

Return – prevention of improper or fraudulent use

(4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, in order to have it returned, the applicant shall demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were entitled to have that thing in their possession and that they are still entitled to it.

Application for return – lawful owner

255(1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the lawful owner may apply for its return in writing within 60 days after the day on which the notification referred to in subsection 253(2) was provided.

Return to lawful owner – improperly or fraudulently obtained

(2) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly obtained, in order to have the thing returned, the applicant shall demonstrate that at the time of the seizure they were the lawful owner and that they are still the lawful owner.

Return to lawful owner – improperly or fraudulently used

(3) If the application is in respect of a thing seized on the ground that it was fraudulently or improperly used, in order to have it returned, the applicant shall demonstrate that

(a) they did not participate in the fraudulent or improper use of the thing, that at the time of the seizure they were the lawful owner and that they are still the lawful owner

(b) they exercised all reasonable care to satisfy themselves that the person to whom they gave possession of the thing was not likely to fraudulently or improperly use it.

Return to lawful owner – prevention of improper or fraudulent use

(4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent its fraudulent or improper use, the thing shall be returned to the applicant if they demonstrate that the seizure is no longer necessary to prevent its fraudulent or improper use, that at the time of the seizure they were the lawful owner and that they are still the lawful owner.

Concurrent applications

256 If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the application of the lawful owner will be processed first. If the application of the lawful owner is granted, the application of the person from whom the thing was seized shall not be processed.

Notice of decision

257 The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.

Automatic return

257.1(1) If the seizure of a thing was necessary to carry out the purposes of the Act, the thing shall be returned to its lawful owner without delay if the seizure is no longer necessary for those purposes.

Return – seizure in error

(2) If the seizure of a thing was made in error, the thing shall be returned without delay to the person from whom the thing was seized or, if that is not possible, to its lawful owner.

Conditional return

257.2 A thing seized shall be returned only if its return would not be contrary to the purposes of the Act.

Date modified:

2022-01-21