Administrative Monetary Penalty System
C018

Contravention

Person in charge of a commercial conveyance arriving in Canada failed to transport passengers and crew to a customs office designated for that purpose and open for business, forthwith on arrival.

Penalty

Occurrence Penalty
1st $250 per person, minimum penalty of $2,500
2nd $500 per person, minimum penalty of $5,000
3rd $1,000 per person, minimum penalty of $10,000
4th and subsequent Flat rate $25,000
Penalty basis
Per unreported person, passenger or crew
Retention period
12 months

Guidelines

Every person in charge of a commercial conveyance arriving in Canada is required to proceed without delay to a designated customs office open for business prior to disembarking any persons, passengers, and/or crew.

Applies when commercial conveyances arrive at a place non-designated for customs clearance or arrives at a designated customs office that is not open for business. Consideration may be given based on weather conditions, emergencies or pre-arrival arrangements that have been made with customs office.

Applied against any commercial carrier that is in the business of transporting freight, crew and/or passengers and fails to report passengers or crew.

Apply to all modes of transportation.

In the air mode, the "customs office open for business" is the designated customs office where the air carrier is scheduled to land.

In the marine mode, the "customs office open for business" is the designated customs office where the marine carrier is scheduled to conduct a first stop.

In the highway mode, the "customs office open for business" is the first designated customs office where the highway carrier arrives in Canada.

In the rail mode, the "customs office open for business" is the designated customs office where the rail carrier is scheduled to conduct a first stop.

Apply a penalty per unreported person, passenger or crew member.

For failure to report conveyances inbound, see C023.

Example of Non-Compliance:
A vessel reports to a location that is not open for business (ex. arrives after business hours) and has not notified or made prior arrangements with the CBSA.

References

Legislation

Customs Act, subsection 11(3)

D-Memo

D2-5-0, Legislative Requirements for the Presentation of Persons at a CBSA Office

Other

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