NEXUS Violations

MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have significant expertise in respect of NEXUS card confiscations and NEXUS status/membership appeals.

If you are a NEXUS member and have had your NEXUS card confiscated as a result of an alleged violation of any law or regulation enforced by the CBSA, Millar Kreklewetz LLP can assist you in making representations to the CBSA to establish that there was no contravention and to otherwise assist you in attempting to retain your NEXUS membership.

The following is a short introduction to the services we offer in respect of those matters.

NEXUS

NEXUS cardholders need to be aware that they risk losing their Nexus membership if they are ever found to have violated any Canadian law or regulation enforced by the CBSA. This is the case even for comparatively minor infractions like under-declaring the value of consumer purchases upon return to Canada! More significant infractions that result in seizure or ascertained forfeiture will also attract the same consequences. In addition to any fines or penalties from the infraction, the NEXUS cardholder will very likely lose their status in the program and be banned from reapplying for a period of up to six years. Even after that, the granting of a new NEXUS card is discretionary and there remains a risk that the traveller will not be able to reobtain status.

NEXUS Terms and Conditions

Besides complying exactly to the letter of the law with all laws and regulations enforced by the CBSA, NEXUS holders must also comply with the NEXUS Terms and Conditions. These terms and conditions are extremely strict:

As a NEXUS member, you agree to do the following:

• Comply with all customs and immigration laws and regulations and any other laws or regulations that are enforced by the Canada Border Services Agency (CBSA) and United States Customs and Border Protection (U.S. CBP);
• Declare any controlled or restricted items as well as any goods that exceed your personal exemptions or allowances;
• Carry your NEXUS membership card with you when using NEXUS services;
• Understand that your NEXUS membership card is valid for your use only. You must not transfer your card to other people or facilitate their passage through self-serve kiosks at airports, regardless of their age;
• Ensure that each person you are travelling with in your vehicle or boat has a valid NEXUS membership;
• Keep your personal information current, such as address, immigration status, and passport information, if applicable;
• Recognize that the NEXUS membership card belongs to the governments of Canada and the U.S.; and
• If you are issued a new card, your previous card must be destroyed as it will no longer be valid.

For example, attempting to bring commercial goods across the border through the NEXUS line can carry an immediate termination of status and re-application ban for six years. In another example, attempting to use your NEXUS card for one of your children (which is prohibited) can result in immediate termination of status and a re-application ban of one year. These are only two examples of the many ways in which cardholders can lose their NEXUS membership. Nexus holders should ensure they are familiar with the Terms and Conditions so they do not commit an unintentional violation.

NEXUS Appeals

If NEXUS status is revoked on account of an alleged violation, the cardholder can use the procedures found under the Presentation of Persons (2003) Regulations to file an appeal. Appeals are extremely time sensitive. The cardholder has only 30 days from the date the cancellation or suspension becomes active to request a review. However, CBSA has taken the administrative position that ‘Requests for Review’ will be accepted up to 90 days after the suspension or cancellation of a NEXUS card.

Crucially, this appeal must be filed in addition to an appeal of the original customs violation that led to the cancellation. Effectively, the NEXUS holder must make two appeals: first, to overturn the cancellation of their NEXUS status; and second, to overturn the original customs violation. Both must be successful in order to retain NEXUS status. We can assist you in preparing these submissions.

Contact us today.

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