Recourse – Appeals/Reviews
How to file a review for: Seizures, ascertained forfeitures and Personal Administrative Monetary Penalties (AMPs) under the Customs Act

Who should use this process

You should use this process if you have received a Seizure Receipt (K19 or K19RCMP), a Notice of Ascertained Forfeiture (K9) or a Notice of Penalty Assessment – Personal (BSF838).

You may request a ministerial review, if you are the person:

• from whom the goods or conveyance was seized
• who owns the seized goods or conveyance
• who has paid money or security to obtain release of the seized goods or conveyance
• upon whom an ascertained forfeiture has been served or
• upon whom a Notice of Penalty Assessment-Personal has been served

How to request a review

You must submit a request for a ministerial review within 90 calendar days of the date of the enforcement action or the date of service of the notice of penalty assessment. In exceptional circumstances, the Customs Act allows more time to request a review of an enforcement action. For more information see Request an extension of time under the Customs Act.

If you do not use the E-Appeals option, your request must be submitted in writing, and include the enforcement action number and any information or additional documentation to support your case. Send your request to the:

Recourse Directorate
Canada Border Services Agency
333 North River Rd, Tower A, 11^th Floor
Ottawa, ON K1A 0L8

What to expect: the review process

After you submit your request for ministerial review, you will receive a letter, acknowledging your request, and confirming that a file has been opened. The file will be assigned to a Recourse Directorate official, who will review your request and the documentation submitted by the office that took the enforcement action.

Following that review, the official will send you a letter that will summarize the reasons for the enforcement action and provide you with a copy of the officer's report(s), respond to your submission, and inform you of any requirement to provide additional information and/or documentation in support of your request.

Upon receipt of the above mentioned letter, you will have 30 calendar days to submit any additional documentation you want considered. Should additional submissions that contain new information be made, by you or the office that took the enforcement action, they will be acknowledged in writing and shared with the other party. This ensures fairness and transparency, by allowing each party to be aware of what the other is stating.

Once a full exchange of documents has been completed, the official will consider all of the evidence and arguments provided, in consideration of the relevant legislation, regulation, and policy, and make a decision regarding whether a contravention occurred, and whether the terms and/or conditions assessed are correct.

Once the decision has been made, you will receive a registered letter that will explain whether the enforcement action has been maintained, amended, or cancelled, and the reasons for that decision.

What to do if you disagree with the review decision

If the enforcement action has been maintained or amended, the registered letter will also provide you with your options, and deadlines, for further appeal/review to the Federal Court of Canada.

Once the decision has been made, neither the Minister of Public Safety nor CBSA officials have the authority to act further in the matter.

Date modified:

2021-07-26