Disagreements, Reviews and Appeals

• How the CBSA ensures an impartial redress process
• Recourse principles

How the CBSA ensures an impartial redress process

The CBSA's Admissibility Branch deals with disputes that develop over border services matters. The Admissibility Branch operates independently of other CBSA branches.

Admissibility Branch staff resolve disputes between clients and the CBSA by impartially reviewing previous CBSA decisions. These employees are trained to review the facts and reasons of both the client and the CBSA.

If you have a dispute with the CBSA, a recourse representative will review your case and carry out a complete, professional and impartial review by undertaking the following:

• interpret acts administered by the CBSA and review CBSA policies;
• consider your point of view; and
• when necessary, ask for a technical opinion from CBSA experts or seek legal advice from the Department of Justice.

The representative who reviews your case will not have been involved in the original assessment, determination or ruling of a duty, penalty or other matter. You can discuss your case with a recourse representative and you have the right to obtain certain documents related to your case.

The CBSA does not charge you for a review. The non-adversarial nature of the process allows many of our clients to represent themselves.

If you are not satisfied with the Admissibility Branch's review, you can appeal to the appropriate court or, for certain matters, to the Canadian International Trade Tribunal.

Recourse principles

The redress process is governed by the following principles.

Timeliness: You can expect that decisions will be issued within reasonable time frames.

• Key elements:
  • The CBSA will contact you as soon as reasonably possible.
  • The CBSA's recourse officers will request information from you at the earliest opportunity.
  • The CBSA is committed to maintaining service standards for its recourse program.

Accessibility: You can request a review of CBSA actions or decisions.

• Key elements:
  • Border services legislation allows for a reasonable time to request a review.
  • Information about the review process is available on the CBSA's Web site.
  • There are no fees to request a review; however, to file trade disputes, you must pay and/or secure duties and taxes.

Consistency: You can expect uniform decisions based on the same circumstances.

• Key elements:
  • Decisions are monitored to ensure consistent application and judgment.
  • Information systems and databases support consistent decision making.
  • A standardized review process promotes consistent decision making.

Impartiality: You can expect an objective decision-making process.

• Key elements:
  • Recourse officers are impartial.
  • The decision-maker considers all information, evidence or submissions from the parties to make objective and supportable findings of fact and defensible interpretations of the law.
  • The decision-maker is not the same person who made the original decision.
  • The decision-maker must respect the CBSA's mandate and policies and the relevant legislation and jurisprudence.

Transparency: You have access to an open redress process.

• Key elements:
  • The CBSA will disclose all relevant information to you.
  • The CBSA will provide you with reasons for all decisions made.
  • The activities of the CBSA's recourse officers are subject to legislative provisions that protect confidentiality.