Administrative Monetary Penalty System
C371

Contravention

Person (carrier) failed to use their authorized carrier code or failed to present a contract or letter of exclusivity when using another bonded carriers' code.

Penalty

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

Guidelines

Non-compliance occurs when a conveyance operating carrier fails to use their unique CBSA carrier code when transmitting their conveyance data, or uses the carrier code belonging to another carrier without a valid contract or letter of exclusivity.

The carrier will not be allowed to proceed past FPOA using the unauthorized carrier code and is required to use their own carrier code if not operating under an exclusive contract.

The carrier should be afforded an opportunity to obtain the contract or letter of exclusivity.

Refer to D3-4-2 for information on proving exclusivity.

References

Legislation

Customs Act, section 7.1

D-Memo

D3-4-2, Highway Pre-arrival and Reporting Requirements

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