Administrative Monetary Penalty System
C387

Contravention

Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.

Penalty

Occurrence Penalty
Flat rate $0
Penalty basis
Per submission
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 C382 will apply.

Non-compliance occurs when the responsible party submits pre-arrival or pre-load information prescribed by the Reporting of Imported Goods Regulations that is not true, accurate and complete as indicated by primary source documents (bill of lading, contract of carriage) at the time of submission.

In some cases, non-compliance may be discovered through examination of goods or review of books and records and in other cases, non-compliance may be discovered through review of transmission alone.

For situations, where the responsible party becomes aware of a change to the information, following submission, a change must be provided to the agency in accordance with the required timeframe (see C386).

Applied by the Transporter Compliance Unit, Commercial Program Directorate at Headquarters (HQ), 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 Electronic Commerce Client Requirements Document.

One C387 penalty will be issued per submission regardless of the number of data elements which were not true, accurate, and complete.

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.

Examples of non-compliance under C387:

  • A carrier transmits information on a pre-arrival Bay Plan that is not true, accurate and complete.
  • A freight forwarder transmits information on a pre-arrival house bill and/or house bill close message that is not true, accurate and complete.
  • A freight forwarder transmits information on a pre-arrival supplementary report that is not true, accurate and complete.

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

References

Legislation

Customs Act, section 7.1

D-Memo

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