Administrative Monetary Penalty System

Overview

The Canada Border Services Agency (CBSA) uses the Administrative Monetary Penalty System (AMPS) to issue monetary penalties to commercial clients for violating CBSA's trade and border legislation.

The purpose of AMPS is to provide the Agency with a means to deter non-compliance by its clients and create a level playing field for all Canadian businesses.

The Master Penalty Document contains all AMPS contraventions that may be applied to commercial clients including importers, exporters, brokers, warehouse and duty free shop operators, carriers, freight forwarders or their representatives.

Penalty Assessment Process

Non-compliance with CBSA requirements may result in being assessed a monetary penalty under AMPS.

Examples of non-compliance that most often result in AMPS penalties

  • Failure to pay duties;
  • Failure to provide required information to the CBSA;
  • Unauthorized removal of goods from a warehouse;
  • Direct delivery of goods prior to release from CBSA control;
  • Failure to report goods to the CBSA;
  • Failure to self-correct an incorrect declaration.

You are responsible for the accuracy and completeness of your import and export transactions, as well as any AMPS penalties that may be issued for non-compliance, even if you hire a customs broker to carry out responsibilities on your behalf. These responsibilities include the following:

  • obtaining release of imported goods;
  • paying any duties that apply;
  • obtaining, preparing, presenting or transmitting the necessary documents or data;
  • maintaining records; and
  • responding to any CBSA concerns after payment.

We suggest you work closely with your service providers and with the CBSA to ensure that your import and export transactions fully comply with all CBSA requirements.

If it is determined that you are not in compliance with the relevant legislation and regulations, you will be assessed a penalty based on the type, severity and frequency of the contravention.

Notice of Penalty Assessment

When you are issued a penalty under AMPS, you will receive a Notice of Penalty Assessment (NPA), form E650, from the CBSA describing the infraction and the penalty incurred.

The NPA contains the following information:

Review Process – Correction and Appeals

Corrections

If you believe that the penalty issued by the CBSA was incorrect, you may contact the issuing CBSA office to request a correction within 90 days of the date of your notice. Errors must be evident to both parties and may include, but are not limited to, errors in calculation, name, address, contravention type, or amount assessed.

A correction can be requested if:

Appeals

If you believe the penalty has been applied inappropriately and that you disagree with the Notice of Penalty Assessment, you have the right to request a formal review of your file within 90 days of the enforcement action.

Checking your Compliance

To avoid AMPS penalties, trade chain partners must understand their obligations and then assess their level of compliance.

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