Administrative Monetary Penalty System
C385

Contravention

Person failed to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the 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 and pre-load submission type requirements. Upon expiry of the informed compliance period, penalty C380 will apply.

Non-compliance occurs when the responsible party fails to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.

Applied by the Transporter Compliance Unit, Commercial Program Directorate at Headquarters, against the party responsible for complying with CBSA notification.

One C385 penalty will be issued per infraction.

In instances where an officer finds the person in contravention, the officer must forward this information to Headquarters (HQ). HQ will assess penalties related to this contravention.

Examples of non-compliance under C385:

  • A carrier proceeded to load cargo on a conveyance bound for Canada despite receiving an electronic notice to the contrary.
  • A freight forwarder failed to provide or clarify information as specified in an electronic notice.

References

Legislation

Customs Act, subsection 12.1(7)

D-Memo

Date modified: