Customs Act

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 to the Minister in writing or by any other means that is satisfactory to the Minister.

• 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.