Requesting an extension of time review under the Customs Act
Requesting a Review
Requesting a third-party review
Requesting an extension of time review
For an extension of time to request a review of a trade-related decision, please refer to memorandum D11-6-9: Applications to the President for an Extension of Time to File a Request under Section 60 of the Customs Act.
For an extension of time to request a review of an enforcement action taken by the CBSA, please continue on this page.
If you did not request a ministerial review within the original 90-day period — in exceptional circumstances, for both first- and third-party ministerial reviews — the Customs Act allows more time to request a review of an enforcement action taken by the CBSA.
Note: There are no provisions to request an extension of time to file a request for review under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the Agriculture and Agri-Food Administrative Monetary Penalties Act.
How to request an extension of time
To be granted an extension, you must submit your request within one year of the expiration date of the original 90 calendar day time limit, and demonstrate that you meet the following criteria:
- You were unable to request a decision or to instruct another person to request a decision on your behalf or you had a bona fide intention to request a decision.
- It would be just and equitable to grant the application, and
- The application was made as soon as circumstances permitted.
To apply for an extension of time to appeal an enforcement action under the Customs Act, send a request in writing to the following address:
Canada Border Services Agency
333 North River Rd, Tower A, 11th Floor
Ottawa, ON K1A 0L8
What to expect: the review process
After you submit your request for an extension of time, including your explanation of how you meet the criteria, you will receive a letter of acknowledgement. The letter will advise you that any additional documentation you want to be considered, must be provided to the CBSA within 30 calendar days of the date of that letter.
It is important to note that, as the person requesting an extension of time, it is up to you to provide evidence that you meet the criteria. (Customs Act (c.129.(2) or 138.(4)).
CBSA Recourse officials will review your request and documentation, as well as the documentation submitted by the office that initiated the enforcement action.
Following that review, the official will make a decision regarding whether the extension of time should be granted or denied.
The decision will be communicated to you in a registered letter that will explain whether the extension of time has been granted or denied and the reasons for that decision.
If your request for an extension of time is granted, there will be a ministerial review of the enforcement action. For information on that process, see Ministerial or President's Review.
What to do if you disagree with the review decision
If the extension request has been denied, the letter mailed to you will also include deadlines for further appeal to the Federal Court of Canada.
If the decision has been made to deny your request, neither the Minister of Public Safety nor CBSA officials have the authority to act further in the matter.
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