Administrative Monetary Penalty System
C023

Contravention

Person failed to report conveyances inbound and/or upon arrival.

Penalty

Occurrence Penalty
1st $2,000
2nd $4,000
3rd and subsequent $8,000
Penalty basis
Per conveyance
Retention period
12 months

Guidelines

Non-compliance, in the highway mode, occurs when a conveyance is not reported upon arrival in Canada, as prescribed, at the nearest designated customs office open for business.

Non-compliance, in the air mode occurs when a carrier operating a conveyance that is transporting specified goods fails to transmit a Conveyance Arrival Certification Message (CACM) after the aircraft was cleared to land at an airport of arrival, following arrival in Canada.

Non-compliance, in the marine and rail modes, occurs when a carrier operating a conveyance that is transporting specified goods fails to transmit a Conveyance Arrival Certification Message (CACM) within the timeframes required.

Applied against the carrier by the Transporter Compliance Unit, Commercial Program Directorate at Headquarters, against the carrier responsible for providing the CACM in air, marine and rail modes.

Note: In instances where an officer finds a responsible party in contravention, where the CACM is transmitted prior to the timeframes allowed, the officer will issue the penalty.

Note: When a carrier operating a conveyance that is not transporting specified goods (no cargo onboard) transmits an electronic ACI conveyance report but does not transmit a CACM, no penalty(ies) will be assessed.

The CACM shall be sent to the CBSA using an Electronic Data Interchange (EDI) method at first point of arrival (FPOA) in accordance with the timelines, technical requirements, specifications and procedures for electronic means as set out in the Reporting of Imported Goods Regulations and the applicable Electronic Commerce Client Requirements Document.

Conveyances exempt from transmitting ACI data to the CBSA are also exempt from transmitting the CACM. Exempt conveyances must be reported to the CBSA at the FPOA, under section 12(1) of the Customs Act, in the same manner as they are today.

Examples of non-compliance under C023:

  • A highway carrier failed to report their conveyance at the Primary Inspection Line at the First Point of Arrival.
  • An air carrier:
    • Failed to transmit their CACM, after the aircraft was cleared to land at an airport of arrival, following arrival in Canada.
    • Transmitted their CACM prior to the timeframe allowed.
  • A marine carrier:
    • Failed to transmit their CACM within the timeframe allowed.
    • Transmitted their CACM prior to the timeframe allowed.
  • A rail carrier:
    • Failed to transmit their CACM within the timeframe allowed.
    • Transmitted their CACM prior to the timeframe allowed.

Exceptions/exemptions from transmitting pre-arrival information are listed in D-3.

It is important to understand that the transmission of ACI data does not constitute report. The carrier must report the conveyance on arrival in the prescribed manner.

For failure to transmit Advance Commercial Information, refer to C378.

If a carrier fails to report imported goods, refer to C021.

References

Legislation

Customs Act, subsection 12(1)

D-Memo

Other

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