Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

134. [Repealed, 1998, c. 19, s. 263]

Marginal note:Federal Court

• 135. (1) A person who requests a decision of the Minister under section 131 may, within ninety days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which that person is the plaintiff and the Minister is the defendant.

• Marginal note:Ordinary action

  (2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

Marginal note:Restoration of goods pending appeal

136. Where an appeal is taken by the Crown from any judgment that orders the Crown to give or return anything that has been seized under this Act to any person, the execution of the judgment shall not be suspended if the person to whom the goods are ordered given or returned gives such security to the Crown as the court that rendered the judgment, or a judge thereof, considers sufficient to ensure delivery of the goods or the full value thereof to the Crown if the judgment so appealed is reversed.

Marginal note:Service of notices

137. The service of the President’s notice under section 130 or the notice of the Minister’s decision under section 131 is sufficient if it is sent by registered mail addressed to the person on whom it is to be served at his latest known address.

Marginal note:Third party claims

• 138. (1) If goods or a conveyance is seized as forfeit under this Act or if a conveyance is detained under subsection 97.25(2), any person, other than the person in whose possession it was when seized or detained, who claims an interest in it as owner, mortgagee, hypothecary creditor, lien-holder or holder of any like interest may, within ninety days after the seizure or detention, apply for a decision by the Minister under section 139.

• Marginal note:Application procedure

  (2) A person may apply for a decision by giving notice in writing to the officer who seized or detained the goods or conveyance or to an officer at the customs office closest to the place where the seizure or detention took place.

• Marginal note:Burden of proof of application

  (3) The burden of proof that an application has been made under subsection (1) lies on the person claiming to have made it.

• Marginal note:Provision of evidence

  (4) A person who applies under subsection (1) must provide evidence that relates to their interest in the seized or detained goods or conveyance and any other evidence requested by the Minister in respect of that interest.

• Marginal note:Manner of giving evidence

  (5) Evidence may be given under subsection (4) by affidavit made before any person authorized by an Act of Parliament or of the legislature of a province to administer oaths or take affidavits.

• Marginal note:Late applications

  (6) The Minister may accept an application made within one year after the expiration of the ninety days referred to in subsection (1) by a person who has not claimed an interest in the seized or detained goods or conveyance within those ninety days.

• Marginal note:Conditions for late applications

  (7) When making an application under subsection (6), the person must demonstrate to the Minister that

  • (a) within the time provided in subsection (1) for making an application the person

    • (i) was unable to act or to instruct another person to act in the person’s name, or

    • (ii) had a bona fide intention to apply under that subsection;

  • (b) it would be just and equitable to grant the application; and

  • (c) the application was made as soon as circumstances permitted.