Administrative Monetary Penalty System
C378

Contravention

Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance.

Penalty

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

Guidelines

Non-compliance occurs when the responsible party fails to provide required pre-arrival or pre-load data.

Applied against the party responsible for providing the required data.

The prescribed information shall be sent 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.

This penalty applies when the pre-load/pre-arrival information is not provided prior to arrival in Canada. In situations where the pre-load/pre-arrival information is provided upon or after arrival, the pre-arrival information is deemed to be not provided as opposed of being provided, but not in a timely manner. (see penalty C379)

One C378 penalty will be issued per instance. The same penalty level will be assessed for all infractions discovered during the same examination or monitoring period.

The maximum total amount of penalties assessed for electronic pre-arrival cargo reports not transmitted must not exceed $10,000 for first level, $20,000 for the second level, and $40,000 for the third and subsequent levels.

Example of non-compliance under C378:

  • A carrier failed to transmit an electronic pre-arrival conveyance report.
  • A carrier failed to transmit an electronic pre-arrival cargo report.
  • A carrier failed to transmit an electronic pre-arrival Bay Plan in the marine mode.
  • A freight forwarder failed to transmit an electronic pre-arrival house bill and/or house bill close message, regardless of whether or not a paper house bill was submitted prior to arrival.
  • A freight forwarder failed to transmit an electronic pre-arrival supplementary cargo report for FROB in the air or marine modes.

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

For failure to notify CBSA of any correction see C381.

References

Regulation

Reporting of Imported Goods Regulations, section 29

D-Memo

Date modified: