CUSTOMS AND EXCISE |
Customs Act |
Cantell v. M.N.R.
T-1553-03
2004 FC 1134, Layden-Stevenson J.
13/8/04
13 pp.
Application for extension of time within which to apply for decision from M.N.R. under Customs Act (Act), s. 131-- Request brought under Act, s. 129.2--Applicant frequently travelling to New York state to visit family, friends--On June 13, 2002, customs officer seizing four bottles of wine, container of pepper spray discovered during vehicle search-- One-year notice of suspension of CANPASS card issued --Act, s. 129 allowing person from whom goods seized to apply for ministerial review regarding specified seizures under s. 131 within 90 days--Applicant missed 90-day time limit, but s. 129.1 allowing person to apply to M.N.R. for extension of time--Applicant must provide reasons for not having submitted request on time--To obtain extension, applicant must meet criteria set out in s. 129.2(4)--Application made within one year after expiration of time provided in s. 129-- Must also establish unable to act, to instruct another person to act on his behalf or had bona fide intention to appeal-- Finally, must demonstrate just and equitable to grant extension of time--Applicant not satisfying any of these conditions-- Although distracted by wife's medical condition, application made only when full repercussions of incident became apparent--As second infraction, not just and equitable to grant extension--Also application not made as soon as circumstances permitted--Application dismissed--Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 129 (as am. by S.C. 2001, c. 25, s. 69), 129.1 (as enacted idem, s. 70), 129.2 (as enacted idem), 131 (as am. by S.C. 1993, c. 25, s. 84; 2001, c. 25, s. 72).