1. The purpose of this notice is to inform of the recent legislative amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).
Request for Minister’s decision pursuant to section 129 of the Customs Act and section 25 of the PCMLTFA
2. Sections 129 of the Customs Act and section 25 of the PCMLTFA have been amended allowing a person from whom goods were seized, or received a penalty notice under the Customs Act or the PCMLTFA, to request a decision of the Minister by giving notice in writing directly to the Recourse Directorate by mail or by way of an electronic appeal on the CBSA Web site.
Third party claims – Section 138 of the Customs Act
3. The same holds true for third party claims under section 138 of the Customs Act. Any person, other than the person from whom goods were seized or detained, who claims an interest in it as an owner, may apply for a decision by giving notice in writing directly to the Recourse Directorate by mail or by way of an electronic appeal on the CBSA Web site.
Corrective measures pursuant to section 127.1 of the Customs Act and section 24.1 of the PCMLTFA
4. Additional legislative amendments were introduced allowing corrective measures for flawed enforcement actions. Pursuant to section 127.1 of the Customs Act and 24.1 of the PCMLTFA, the CBSA will now have 90 days to cancel or reduce an enforcement action if it is determined there was no contravention or if an error had occurred. This amendment is to ensure that the period allowed to perform a corrective measure is consistent with the period allowed to submit an appeal.
Extension of time by Minister pursuant to section 25.1 of the PCMLTFA
5. Legislative amendments to the PCMLTFA will now permit a person to apply for an extension of time to the CBSA, if they fail to appeal their enforcement action within the statutory 90-day time frame. This amendment, similar to the provisions found in sections 129.1 and 129.2 of the Customs Act,will provide consistency between the two Acts.
6. Inquiries and comments about this notice should be directed to:
Director, Recourse Program Management
Recourse Directorate
Canada Border Services Agency
Telephone: 613-960-5138
This notice is available on the CBSA website at: http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn14-015-eng.html