Administrative Monetary Penalty System
C388

Contravention

Person to whom a carrier code is issued failed to immediately notify the CBSA of any change(s) in the legal or business name, merger/amalgamation or cessation of business.

Penalty

Occurrence Penalty
1st $500 Footnote *
2nd $750
3rd and subsequent $1,500
Footnote *

A 30-day delay in the escalation of penalty levels from the first to the second will apply to this contravention. Should a second penalty with the same contravention be issued against the same client, the system will not escalate the penalty level to level two unless 30 days have transpired from when the first Notice of Penalty Assessment (NPA) was issued or the infraction occurred. The non-escalation rule applies from the first level to the second level only; it does not apply from the second to the third level.

Return to footnote * referrer

Penalty basis
Per instance
Retention period
12 months

Guidelines

A flat rate penalty of $0 will apply during the grace period, which is from to . Following the grace period, monetary penalty will be issued at level 1.

Non-compliance occurs when a person, including a freight forwarder to whom a carrier code is issued fails to immediately notify the CBSA of any change(s) in the legal or business name, merger/amalgamation or cessation of business that was initially provided in the application for their carrier code.

For purposes of this penalty, the term “immediately” is defined as the point in time in which the CBSA determines the legal or business name submitted by the carrier code holder is not accurate or up to date.

Non-compliance may occur:

  • during an examination;
  • as a result of a review of information provided by the carrier code holder during the import process; or
  • during an audit of the carrier code holder’s books and records.

For failure to immediately notify CBSA of change(s) to the address, contact information (including email address) please refer to penalty C389.

References

Regulation

Reporting of Imported Goods Regulations, section 32

D-Memo

D3-1-1, Policy Respecting the Importation and Transportation of Goods

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