Ensuring an Impartial Resolution Process

The Government of Canada has taken steps to ensure that actions taken by Canada Border Services Agency (CBSA) personnel can be impartially reviewed in support of a fair redress process.

Recourse Directorate officials, within the Agency's Corporate Affairs Branch, are responsible for:

• Conducting an independent and impartial review, and
• Determining if the decision or action taken was correct.

The person reviewing your case will not have been involved in the original decision or enforcement action.

In conducting the review, Recourse Directorate officials employ a review process that is based on the CBSA's recourse principles. This process includes:

• Reviewing all documentation;
• Interpreting the applicable legislation, regulations, and policy;
• Considering all representations and documentation submitted by the client and the issuing officer (during the review process);
• Seeking technical or functional guidance from CBSA experts, or other Government departments, when necessary, and
• Making legally sound decisions that can withstand external reviews.

After this Recourse Directorate review, if you are not satisfied, you have the option of appealing to an appropriate court, tribunal, or commission depending on the type of appeal.