How to file a review for: A review of a penalty or warning under the Agriculture and Agri-Food Administrative Monetary Penalties Act

Who should use this process

You should use this process if you have received a Notice of Violation at the Point of Entry (CBSA134). As noted on the CBSA134, you have the following options:

Option 1: Pay a reduced penalty

Within 15 calendar days of the date of the Notice.

If you agree with the allegation stated on the notice of violation and choose to pay the penalty within 15 calendar days of the date stated on the Notice, the penalty will be reduced by 50 percent. If you pay the penalty, you are deemed to have committed the violation and cannot request a review.

Option 2: Pay the full penalty

Between 15 and 30 calendar days of the date of the Notice.

If you pay the penalty, you are deemed to have committed the violation and cannot request a review.

Option 3: Request a review by the Minister of Public Safety

Within 30 calendar days of the date stated on the Notice of Violation.

You can request a review by the Minister by sending a request in writing to the Canada Border Services Agency, as outlined in the process below.

Option 4: Request a review by the Canada Agriculture Review Tribunal

Within 30 calendar days of the date stated on the Notice of Violation.

If you select this option and request a review by the Canada Agriculture Review Tribunal, no further review is available to you from the CBSA.

How to request a review by the Minister

If you choose Option 3 and request a review by the Minister of Public Safety:

Within 30 calendar days of the date stated on the Notice of Violation or date of service of the notice, you can request a review by the Minister by sending a request in writing to the Canada Border Services Agency.

Send your request to:

Recourse Directorate
Canada Border Services Agency
333 North River Rd, Tower A, 11th Floor
Ottawa, ON K1A 0L8
Facsimile: 343-291-7239

E-Appeal

  • You can now request a review of a CBSA decision online.
  • Just go to E-Appeals for the electronic form relating to enforcement actions.

What to expect: the Ministerial review process

After you submit your request for a Minister's review, you will receive a letter acknowledging that your request has been received. It will confirm that a file has been opened and assigned to a Recourse official who will review both your request and the reports of the officer who issued the violation. You will then receive a letter explaining why the violation was issued. You will also be provided with a copy of the issuing officer's reports. Then, if you wish, you can make further submissions related to your review request.

Once you have had the opportunity to submit all the documentation that you want considered, the official will evaluate the evidence and arguments provided — in consideration of the relevant legislation, regulation, and policy — and make decisions as to whether a violation occurred and — if so — whether the terms assessed are correct.

Once the decision has been made, a letter will be mailed to you that will confirm or deny the violation, explain the reasons for the decision and, where applicable, explain any further avenues of appeal.

What to do if you disagree with the Minister's decision   

If the violation is confirmed, the registered letter will also provide you with your options and deadlines for further appeal to the Canada Agricultural Review Tribunal.

Once a decision has been made by the CBSA, neither the Minister of Public Safety nor CBSA officials have the authority to act further in the matter.

How to request a review by the Canada Agriculture Review Tribunal

If you choose Option 4 and request a review by the Canada Agriculture Review Tribunal, you must complete and submit a Request for Review within 30 calendar days of being served a Notice of Violation.

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