Customs Act

Marginal note:Extension of time by Canadian International Trade Tribunal

• 60.2 (1) A person who has made an application under section 60.1 may apply to the Canadian International Trade Tribunal to have the application granted after either

  • (a) the Commissioner has refused the application; or

  • (b) ninety days have elapsed after the application was made and the Commissioner has not notified the person of the Commissioner’s decision.

  If paragraph (a) applies, the application under this subsection must be made within ninety days after the application is refused.

• Marginal note:How application made

  (2) The application must be made by filing with the Commissioner and the Secretary of the Canadian International Trade Tribunal a copy of the application referred to in section 60.1 and, if notice has been given under subsection 60.1(4), a copy of the notice.

• Marginal note:Powers of Canadian International Trade Tribunal

  (3) The Canadian International Trade Tribunal may dispose of an application by dismissing or granting it and, in granting an application, it may impose any terms that it considers just or order that the request be deemed to be a valid request as of the date of the order.

• Marginal note:When application to be granted

  (4) No application may be granted under this section unless

  • (a) the application under subsection 60.1(1) was made within one year after the expiry of the time set out in section 60; and

  • (b) the person making the application demonstrates that

    • (i) within the time set out in section 60, 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 make a request,

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

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