Search - contravention

Pursuant to sections 131 and 133 of the Customs Act, the Minister was authorized to decide whether a contravention had occurred, and if so, whether to refund any portion of the money Mr. ... Winkler had contravened section 11 of the Customs Act by failing to report to a CBSA officer (Contravention Decision) and found there were extenuating circumstances that warranted a $500 refund of the payment for releasing his vehicle (Release Decision). ... Winkler’s challenge to the Contravention Decision. That decision, which was made under section 131 of the Customs Act, must be appealed by way of an action. ...

The Notice explained that the seeds were seized by reason of non-report in contravention of s.12 of the Customs Act, and that they were being held as forfeit pursuant to s.117(2). ... Assuming such a contravention is found, the Minister then separately decides the appropriate penalty, pursuant to section 133. ... Any challenge to the finding of a contravention, pursuant to s.131 of the Act, must be brought before the Federal Court by way of an action: see s.135 of the Customs Act. ...

The operative language for a seizure under the Act is a “reasonable belief” that a contravention has occurred. ... Section 267 of the Act speaks to “the time of contravention” as being when an officer has reasonable belief of a contravention. ... If there must be a finding of a contravention before a seizure occurs, then the provisions of the Act which allow the Minister to determine if a contravention was or was not justified under the Act would be meaningless. [44]   The Plaintiffs’ reliance on Jarvis is misplaced in light of this analysis. ...

She alleged contravention "of Her Majesty Queen Elizabeth II's Imperial Law and of the Criminal Code of Canada by de facto officers, misrepresenting themselves as officers, military personnel of Her Majesty Queen Elizabeth II acting on behalf of Canada Customs and Revenue Agency in this matter" [paragraph 1 of the Written Response] and "intentional deception perpetrated by Canada Customs and Revenue Agency and the issuance of fraudulent documents by Canada Customs and Revenue Agency to the Federal Court of Canada on January 19, 2001, in direct contravention of Imperial Law and in direct contravention of the Criminal Code of Canada" [paragraph 3 of the Written Response]. ...

Procedural and jurisdictional issues [16]            Although the findings made by the delegate with respect to the contravention committed by the applicant and the penalty imposed on the applicant are closely linked, legally speaking, they must be treated as separate decisions. ... Rather, he contends that the impact of his contravention of the Customs Act, which was admitted, was too harsh as it indirectly cost him his NEXUS membership for the next 6 years. ... With regards to the penalty assessed, the terms of release are based on the nature of the contravention and the type of commodity. ...

He failed to declare to customs that he had $9,850 CAD and $415 USD in cash in his possession, in contravention of subsection 12(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17 [Act]. ... Walsh’s contravention of the Act and specified that the seized currency would be held as forfeit. ... Walsh’s contravention of subsection 12(1) of the Act and indicated that he would not be exercising his discretion (as provided for in section 29 of the Act) to return the seized currency, which would be held as forfeit. [15]   The minister itemized the documentation submitted by Mr. ...

The Minister’s delegate concluded, as provided for at section 131 of the Customs Act, there had been a contravention of this reporting requirement. ... Is an action commenced pursuant to section 135 of the Customs Act limited to a determination of whether there has been a contravention of the Customs Act? ... Is an action pursuant to section 135 of the Customs Act limited to a determination of whether there has been a contravention of the Customs Act? ...

However, s. 113 provides that no seizure may be made under the Act more than six years after the contravention.  ... No seizure may be made under this Act or notice sent under section 124 more than six years after the contravention or use in respect of which such seizure is made or notice is sent. 113. ... Zolotow as a seizure made where there has been a contravention of the Act by the importer.  ...

(Toronto, Butterworths, 2002) at p. 20). [21]            The Respondent points out that goods become forfeit from the time of contravention of the Act. ... Forfeiture is merely the legal, inescapable consequence of the commission of the contravention, [1935] S.C.R. 513 "> R. v. ... First of all, the ascertained forfeiture is not a penalty but is the legal, inescapable consequence of the commission of a contravention. ...

.): [54]      In my view, Parliament has insulated from appeal the penalty imposed in the event there is found to be a contravention of the Act. ... Nguyen had not reported the alleged importation of the ring in contravention of s. 12 of the Act.   ... Accordingly, a determination made pursuant s. 133 of the Act may often be dependent on a finding of a contravention of the Act.  ...