Presentation of Persons (2003) Regulations

We have seen cases where the Canada Border Services Agency (“CBSA”) has taken away a Canadian citizen’s NEXUS card due to non-essential travel by the individual. In particular, where the Canadian citizen traveled by car to the United States for what the CBSA determined to be non-essential reasons, the CBSA officer at the land border

On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian

Canada

Fountain pen on appeal

The Canada Border Services Agency (“CBSA”) may confiscate, revoke or cancel a NEXUS Membership for a number of reasons, such as (1) a breach of a customs law (e.g., undervaluation or not declaring goods purchased or acquired outside Canada), (2) a breach of an immigration law (e.g., working in Canada without a proper visa),

nexussmOn July 19, 2016, the Canada Border Services Agency (“CBSA”) issued a Notice to NEXUS Member (sent by email) in which indicated that they were consulting on proposed changes and clarifications to the NEXUS Regulations.  Hidden in the Notice is some useful information about new bases for confiscation of NEXUS passes.  New NEXUS Program rules