Administrative Monetary Penalty System
C383

Contravention

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

Penalty

Occurrence Penalty
Flat rate $0
Penalty basis
Per instance
Retention period
12 months

Guidelines

This contravention is to be issued during the 6-month grace period following the introduction of new pre-arrival or pre-load submission type requirements. Upon expiry of the informed compliance period, penalty C378 will apply.

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

Applied by the Transporter Compliance Unit, Commercial Program Directorate at Headquarters (HQ), against the party responsible for providing the required data.

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 C384).

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.

One C383 penalty will be issued per instance.

In instances where an officer finds a responsible party in contravention, the officer must forward this information to HQ. HQ will assess penalties related to this contravention.

Example of non-compliance under C383:

  • 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 C386.

References

Regulation

Reporting of Imported Goods Regulations, section 29

D-Memo

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