The Government of Canada’s website cautions returning travellers to “Be sure . . . declare everything”.  However, problems can arise, and the Canada Border Security Agency (“CBSA”) could seize your goods like jewellery.

Having one’s jewellery, especially rings and necklaces of sentimental or significant value, seized can be an incredibly stressful situation. Our previous blog considered this subject, and we will provide you with further insight into the appeal process.

What causes a seizure?

When you are returning to Canada, you are required to declare any goods, purchases, gifts, and other items acquired outside Canada.

The CBSA can seize your jewellery if they believe you did not declare, or falsely declare, goods.  As such, you may lose your jewellery permanently or be required to pay a hefty penalty.  The CBSA penalties can range from 25% to 80% of the value of the seized goods.  When it comes to jewellery, these penalties can add up to incredibly costly amounts!

In fact, the CBSA Guide for Residents Returning to Canada recognizes the special attachments to jewellery – even going so far as to suggest you travel with jewellery appraisal reports!

How to appeal?

After a jewellery seizure has taken place, you can submit a request for reconsideration for the seizure or penalty.  The seizure receipt will detail where to submit your appeal and by when (typically 90 days).

When to seek legal advice?

Appealing a seizure can be a difficult because it is often challenging to understand what the perceived fault was, and what the CBSA may be interested in knowing to potentially overturn the seizure. 

It can also be challenging for non-lawyers to understand the legal references in a CBSA seizure and penalty notice, let alone the legal jurisprudence that may help in the appeal.  Travellers considering an appeal should also be mindful of deadlines, as the CBSA will only accept late submissions in exceptional circumstances.

If you find the appeal process daunting or overwhelming or feel lost in the system, an experienced lawyer can help.  Seizures of jewellery can often be very frustrating and outside objectivity can help bring order to the situation.

Takeaways

As the CBSA can levy heavy penalties or permanently retain your jewellery, there is a lot on the line especially for jewellery of sentimental or significant value.  A lawyer will work with you to understand your case, and help you put your best foot forward in the appeal process.

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