Recourse - Appeals/Reviews
Ministerial or President’s Review
Requesting a Review
Requesting a third-party review
Requesting an extension of time review
A request for a Ministerial Review asks that the Minister of Public Safety, through the Minister's delegated authorities, review and decide on the appropriateness of the enforcement action or trade decision. A President's Review similarly asks for officials to review a decision on behalf of the President of the CBSA.
The review is conducted by an impartial official within the CBSA's Recourse Directorate. All evidence must be provided to the Recourse official in writing, by both you and the officer who took the enforcement action. The documentation you provide will be shared with the issuing officer for review and response — and you will be provided with the reports furnished by the officer. You will be given the opportunity to respond and provide further submissions, if necessary, before a recommendation and decision are made.
During the review process, the CBSA Recourse official will communicate with you about the 'case to meet.' This means you will be told where you stand, what the outstanding issues are, and what additional documentation is required to support your case.
This review will determine if there was or was not a contravention of the applicable legislation, as alleged, and whether the terms and/or conditions assessed are correct.
Cancellation or amendment of an enforcement action or trade decision will only occur if the review determines the action taken was incorrect, in law or in the application of policy (e.g. level of enforcement action or value for duty of the seized goods). Officials within the CBSA's Recourse Directorate cannot subjectively cancel or amend enforcement actions or trade decisions for reasons such as there being a lack of intent to contravene the law.
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