Recourse - Appeals/Reviews
Requesting a third-party review under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA)

Who should use this process

Pursuant to sections 32 and 33 of the PCMLTFA, a third-party review is available to any person — other than the person or entity in whose possession the currency or monetary instruments were when seized — who claims an interest in respect of the currency or monetary instruments as an owner or in Quebec, a right as owner or trustee.

How to request a review

Within 90 days of the date of the seizure, you may apply by notice in writing to the Court for an order declaring that your interest or right as owner is not affected by the seizure, and declaring the nature and extent of your interest or right at the time of the contravention.

Please note that neither the Minister of Public Safety nor the Canada Border Services Agency (CBSA) officials have the authority to review or decide on third party applications under the PCMLTFA.  As such, do not use the E-appeal form to submit a review of this type of enforcement action.

Court means in the Provinces and Territories:

British Columbia: The Supreme Court
Alberta: The Court of Queen's Bench
Saskatchewan: The Court of Queen's Bench
Manitoba: The Court of Queen's Bench
Ontario: The Superior Court of Justice
Quebec: The Superior Court
New Brunswick: The Court of Queen's Bench
Nova Scotia: The Supreme Court
Prince Edward Island: The Trial Division of the Supreme Court
Newfoundland: The Trial Division of the Supreme Court
Yukon Territory: The Supreme Court
Northwest Territories: The Supreme Court
Nunavut: The Nunavut Court of Justice

As the applicant, you must demonstrate that

• You acquired the interest or right in good faith before the contravention for which the seizure was made;
• You are innocent of any complicity or collusion in the contravention that resulted in the seizure; and
• You exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with the Act.

What to expect: the review process

Date of hearing

A judge of the Court shall fix a day not less than 30 days after the date of the filing of the application for the hearing.

Notice to the CBSA

The Act requires that you serve notice to the CBSA of your Court application and of the hearing no later than 15 days after a day has been fixed for the hearing of the application. Send the service of the notice to the CBSA by registered mail to the following address:

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

Return of the currency or monetary instruments

If you are successful and upon receiving from the Court an order declaring that your interest or right is not affected by the seizure, and declaring the nature and extent of your interest or right at the time of the contravention, the CBSA will instruct Public Works and Government Services Canada to release the forfeited currency or monetary instrument to you.

Date modified:

2021-07-26