Customs Act

Marginal note:Extension of time to appeal

• 67.1 (1) If no notice of appeal has been filed within the time set out in section 67, a person may make an application to the Canadian International Trade Tribunal for an order extending the time within which a notice of appeal may be filed, and the Tribunal may make an order extending the time for appealing and may impose any terms that it considers just.

• Marginal note:Reasons

  (2) The application must set out the reasons why the notice of appeal was not filed on time.

• Marginal note:How application made

  (3) The application must be made by filing with the President and the Secretary of the Canadian International Trade Tribunal the application accompanied by the notice of appeal.

• Marginal note:Conditions for granting application

  (4) No order may be made under this section unless

  • (a) the application is made within one year after the expiry of the time set out in section 67; and

  • (b) the person making the application demonstrates that

    • (i) within the time set out in section 67 for appealing, the person was unable to act or to give a mandate to act in the person’s name or the person had a bona fide intention to appeal,

    • (ii) it would be just and equitable to grant the application,

    • (iii) the application was made as soon as circumstances permitted, and

    • (iv) there are reasonable grounds for the appeal.