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

Act current to 2014-08-05 and last amended on 2014-06-19. Previous Versions

Marginal note:Decision of Minister

 The Minister must decide an application made under section 138 without delay and, if the Minister is satisfied that the following conditions are met, must make a determination that the applicant’s interest in the goods or conveyance is not affected by the seizure or detention and as to the nature and extent of the applicant’s interest at the time of the contravention or use:

  • (a) the applicant acquired the interest in good faith before the contravention or use;

  • (b) the applicant is innocent of any complicity or collusion in the contravention or use; and

  • (c) the applicant exercised all reasonable care in respect of any person permitted to obtain possession of the goods or conveyance in order to satisfy the applicant that it was not likely to be used in a contravention or, if the applicant is a mortgagee, hypothecary creditor or lien-holder, the applicant exercised that care in relation to the mortgagor, hypothecary debtor or lien-giver.

  • R.S., 1985, c. 1 (2nd Supp.), s. 139;
  • 2001, c. 25, s. 75.
Marginal note:Order
  •  (1) A person who makes an application under section 138 may, within ninety days after being notified of the decision, apply for an order under this section by giving notice in writing to the court.

  • Meaning of “court”

    (2) In this section, “court” means

    • (a) in the Province of Ontario, the Superior Court of Justice;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

    • (e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and

    • (f) in Nunavut, the Nunavut Court of Justice.

  • Marginal note:Date of hearing

    (3) A judge of the court must fix a day, not less than thirty days after the application has been made, for the hearing of the application.

  • Marginal note:Notice to Minister

    (4) The applicant, no later than fifteen days before the day fixed for the hearing, must serve notice of the application and of the hearing on the Minister, or an officer designated by the Minister for the purposes of this section.

  • Marginal note:Service by registered mail

    (5) Service of the notice is sufficient if it is sent by registered mail addressed to the Minister.

  • Marginal note:Order

    (6) The applicant is entitled to an order declaring that the applicant’s interest is not affected by the seizure or detention and declaring the nature and extent of the applicant’s interest at the time of the contravention or use if, on the hearing of the application, the court is satisfied that the applicant

    • (a) acquired the interest in good faith prior to the contravention or use;

    • (b) is innocent of any complicity or collusion in the contravention or use; and

    • (c) exercised all reasonable care in respect of any person permitted to obtain possession of the goods or conveyance in order to satisfy the applicant that it was not likely to be used in a contravention or, if the applicant is a mortgagee, hypothecary creditor or lien-holder, that the applicant exercised that care in relation to the mortgagor, hypothecary debtor or lien-giver.

  • 2001, c. 25, s. 75;
  • 2002, c. 7, s. 272;
  • 2009, c. 10, s. 14(F).