Administrative Monetary Penalty System
C369

Contravention

Carrier failed to report the export of cargo at the time and place and/or in the manner prescribed.

Penalty

Occurrence Penalty
1st $500 Footnote *
2nd $750
3rd and subsequent $1,500
Footnote *

A 30-day delay in the escalation of penalty levels from the first to the second will apply to this contravention. Should a second penalty with the same contravention be issued against the same client, the system will not escalate the penalty level to level two unless 30 days have transpired from when the first Notice of Penalty Assessment (NPA) was issued or the infraction occurred. The non-escalation rule applies from the first level to the second level only; it does not apply from the second to the third level.

Return to footnote * referrer

Penalty basis
Per export movement
Retention period
12 months

Guidelines

Non-compliance occurs once per export movement when the carrier fails to report cargo by submitting the required cargo control document(s), according to legislated time frames, at the prescribed Canada Border Services Agency (CBSA) export reporting office.

Applied against a carrier.

In transit Cargo:

For the purposes of C369, an in transit movement shall be considered as the movement of goods from a point outside Canada to another point outside Canada through Canada.

Subject to the exceptions listed below, goods originating from a place outside Canada moving in transit through Canada to a place outside Canada must be reported, in writing, by the carrier prior to export as follows:

  • If the cargo is exported by mail, at the export reporting office located closest to the post office where the goods are mailed;
  • If the cargo is exported by vessel, at the export reporting office located closest to the place where the cargo is loaded aboard the vessel for export;
  • If the cargo is exported by aircraft, at the export reporting office located closest to the place of departure of the aircraft from Canada;
  • If the cargo is exported by rail, at the export reporting office located closest to the place where the railcar on which the cargo is loaded is assembled to form part of a train for export;
  • If the cargo is exported by any other means, at the export reporting office located closest to the place of exit of the cargo from Canada;
  • Unless requested by an officer, the above requirement for goods exported by highway does not apply to procedures that Canada and the United States have established for documenting and controlling goods transiting through their respective countries under A8B procedures contained in D3-4-5, Highway Cargo - In Transit Movements.

All other Cargo

Subject to the exception listed below, all other cargo must be reported in writing by the carrier prior to export at the export reporting office closest to the place where the cargo was loaded on board the conveyance for export.

Exception

Memorandum of Understanding (MOU) Carriers:

Carriers approved as participants under the "Memorandum of Understanding for Carrier Export Reporting" with the CBSA are required to report cargo, in writing, according to the following time frames:

  • If the cargo is exported by vessel, within three business days after the departure of the vessel from the place in Canada where it is loaded;
  • If the cargo is exported by rail, within one business day after the day on which the railcar on which the cargo is loaded is assembled to form part of a train for export;
  • If the cargo is exported by aircraft, within one business day after the day on which the aircraft departs from the place in Canada where it is loaded.

For a carrier failing to report the conveyance, see C368.

References

Legislation

Customs Act, subsection 95(1)

D-Memo

D3-1-8, Cargo – Export Movements

Other

Reporting of Exported Goods Regulations, sections 10, 11, 12, and 13

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