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ARTICLE · 11 SEPTEMBER 2024

Car Seizures: Difficult Appeal Process!

Millar Kreklewetz
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When Canada Border Services Agency ("CBSA") Officers have reason to believe that the proper procedures have not been followed at the border on the import of goods (i.e., an item has been concealed for reporting...

CanadaInternational Law
Robert Kreklewetz
Robert Kreklewetz
Stuart Clark
Stuart Clark

When Canada Border Services Agency ("CBSA") Officers have reason to believe that the proper procedures have not been followed at the border on the import of goods (i.e., an item has been concealed for reporting, or an incorrect value or description has been provided), the Officer has the power to either seize the good and sometimes the conveyance (i.e., vehicle) used to transport it, or issue an ascertained forfeiture after the fact.

Both actions may come as a surprise to the importer — especially given that even minor contraventions of the law can lead to these significant seizures and actions, thereby requiring detailed and confusing appeal processes to remedy.

Background

Section 110 of the Customs Act provides CBSA Officers with the authority to seize goods when they believe on reasonable grounds that the law has been contravened. This section further authorizes Officers to seize passenger-carrying conveyances and anything else that may provide evidence of

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