Administrative Monetary Penalty System
C164

Contravention

Person who is required by subsection 40(3) of the Customs Act to keep records in respect of commercial goods failed to truthfully answer any questions asked by the officer concerning the records.

Penalty

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

Guidelines

Non-compliance occurs when an audit, verification or examination determines that a licensee of a duty free shop or bonded warehouse failed to answer questions truthfully about records requested by an officer.

Applied against the licensee (warehouse or DFS), certificate holder (duty deferral), courier or CSA importer.

This penalty is normally applied by an investigations officer.

The officer must have written documentation proving that the licensee failed to answer questions truthfully.

References

Legislation

Customs Act, subsection 40(3)

D-Memo

D17-1-21, Maintenance of Records in Canada by Importers

Other

Imported Goods Records Regulations, section 2

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