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 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.