Rail Pre-arrival and Reporting Requirements
Memorandum D3-6-6

Ottawa, November 2022

ISSN 2369-2391

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Guidelines and General Information

Definitions

1. The following definitions apply to this memorandum:

Administrative Monetary Penalty System (AMPS) (Régime de sanctions administratives pécuniaires (RSAP))

A system whereby the Canada Border Services Agency (CBSA) issues monetary penalties to commercial clients for violating the 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 ensure a consistent application of legislation and border regulation.

Advance Commercial Information (ACI) (Information préalable sur les expéditions commerciales (IPEC))

A set of prescribed electronically transmitted pre-arrival cargo and conveyance data elements sent to the CBSA within prescribed timeframes, for the purpose of facilitating the process of commercial goods and risk assessing threats to health, safety and security prior to the arrival of the shipment into Canada.

Ancillary Equipment (Équipement auxiliaire)

Any equipment which enhances the safety, security, containment and preservation of goods carried in vehicles falling within the terms of tariff item 9801.10.10. Ancillary equipment can be imported pursuant to tariff item 9801.10.20 without documentation in accordance with the Reporting of Imported Goods Regulations, when it is used in international service.

Available (Disponible)

In respect of any railway rolling stock, that it is available when needed from Canadian production or other Canadian sources in sufficient quantities at a reasonable cost.

Buffer Car (Wagon tampon)

A rail car that can be either empty or loaded with a non-hazardous inert material, that makes up a section of the train for the protection of the train crew from hazardous or combustible materials and the materials themselves, from sources of ignition.

Cargo (Fret)

A term used to describe a collection of goods or shipment. It consists of a grouping of related goods. The cargo is detailed on the bill of lading, the manifest and/or a cargo control document.

Cargo Carrier (Transporteur de fret)

Is the carrier that causes goods to be transported into Canada by the Conveyance Operating Carrier.

Cargo Control Document (CCD) (Document de contrôle de fret (DCF))

A manifest or other control document that acts as the record of a shipment entering or exiting Canada, or moving within Canada e.g. A8A(B), In Bond - Cargo Control Document.

Cargo Control Number (CCN) (Numéro de contrôle du fret (NCF))

The cargo control number is a number assigned to a transport document. It uniquely identifies cargo detailed on a cargo submission. The cargo control number consists of the carrier code followed by a unique reference number assigned by the carrier/representative and cannot contain spaces. 1st 4 characters = CBSA approved carrier code.

Carrier (Transporteur)

A carrier is a person involved in an international commercial transportation who reports cargo to the CBSA and/or operates a conveyance used to transport specified goods to or from Canada.

Carrier Code (Code de transporteur)

As stated in the Customs Act, means the unique identification number issued by the Minister either under subsection 12.1(4) or before the coming into force of that subsection. It is the unique identifier of carriers for CBSA purposes.

Client (Client)

Anyone who:

1. Sends to the CBSA a collection of information; or
2. Receives notices from the CBSA.

Commercial Goods (Marchandises commerciales)

Goods that are or will be imported for sale or for any commercial, industrial, occupational, institutional or other similar use.

Consignee (Destinataire)

The definition of consignee is to be understood as follows given the applicable context:

1. The consignee definition to be used by carriers when transmitting electronic pre-arrival data: the name and address of the party to which the cargo/goods are being shipped as shown on the carrier's contract of carriage (For example: bill of lading, air waybill, or other shipping document).
2. The consignee definition used with respect to freight forwarders who are providing the CBSA with detailed information pertaining to a consolidated shipment: the name and address of the party to which the cargo/goods are being shipped as shown on the carrier's contract of carriage (For example: bill of lading, air waybill, or other shipping document).
3. The consignee definition used with respect to freight forwarders who are providing the CBSA with detailed information pertaining to a deconsolidated shipment: the name and address of the party to which the goods are being shipped as shown on the commercial sales contract (For example: commercial invoice, bill of sale, or other sales contract).

Note: The freight forwarder is limited to the information they have on hand at the time of the transmission. The consignee may change more than one time throughout a voyage to Canada. The freight forwarder will provide updates to the transmission as they receive updated information.

Example: For business or legal reasons, goods are consigned to a bank (foreign or Canadian domestic) or "to order" of a bank. In this case, the consignee field of the house bill transmitted by the freight forwarder will reflect the party to whom the goods are legally consigned at the time of transmission (the bank). If the goods are sold while on route, and/or if the bank chooses to endorse the goods to a third party (as per the "to order") or if the consignee information otherwise changes, the freight forwarder will submit an electronic update to the house bill data as soon as they become aware of the change, updating the consignee field.

Consolidation (Groupement)

A number of separate shipments grouped together by a consolidator or freight forwarder and shipped to an agent or a freight forwarder as one shipment under one bill of lading and reported to the CBSA on one cargo control document (CCD). A single shipment with the involvement of a freight forwarder AKA a "BACK to BACK" is considered a consolidation.

Conveyance (Moyen de transport)

Any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods.

Conveyance Arrival Certification Message (CACM) (Message d'attestation de l'arrivée du moyen de transport (MAAMT))

An electronic notification that carriers transporting specified goods must transmit to the CBSA at their First Port Of Arrival (FPOA) using Electronic Data Interchange (EDI).

Conveyance Operating Carrier (COC) (Transporteur exploitant le moyen de transport (TEMT))

The carrier company operating the conveyance transporting goods to Canada. This is true whether the carrier company owns the conveyance outright, leases the conveyance, or whether any type of security interest is registered on the conveyance.

Conveyance Reference Number (CRN) (Numéro de référence du moyen de transport (NRMT))

A unique reference number given by the Conveyance Operating Carrier (COC) to the CBSA to a certain journey or departure of a means of transport.

Courier Low Value Shipment (CLVS) (Expédition de faible valeur (EFV) par messagerie)

Goods being imported under the Courier Low Value Shipment (CLVS) Program by an approved courier. CLVS goods are exempt from the eManifest process.

Customs Self-Assessment (CSA) (Programme d'autocotisation des douanes (PAD))

A Program designed to simplify import border requirements for low-risk, pre-approved importers, carriers and registered drivers.

Domestic In-transit (Mouvement intérieur en transit)

The movement of goods from a point in Canada to another point in Canada through the United States, as well as the movement of goods from a point in the United States to another point in the United States through Canada. This movement is different from the In-transit movement. See definition in the present section.

Duties (Droits)

Means any fees or taxes levied or imposed on imported goods under the Customs Tariff, the Excise Tax Act, the Excise Act, the Special Import Measures Act, or any other Act of Parliament.

Electronic Commerce Client Requirements Document (ECCRD) (Document sur les exigences à l'égard des clients du commerce électronique (DECCE))

A document that provides comprehensive information about business and system requirements of various electronic transactions for multiple import and export programs.

Electronic Data Interchange (EDI) (Échange de données informatisées (EDI))

A method to electronically transmit import or export data and accounting documents to the CBSA.

eManifest (Manifeste électronique)

A commercial function in which all carriers and freight forwarders transmit Advance Commercial Information (ACI) about their shipments electronically to the CBSA.

First Port of Arrival (FPOA) (Premier port d'arrivée (PPA))

The port of entry in Canada where a commercial conveyance first arrives from a foreign country.

Freight Forwarder (Agent d'expédition)

A person who, on behalf of one or more owners, importers, shippers or consignees of goods, causes specified goods to be transported by one or more carriers.

Hand-Carried Goods (Marchandises comprises dans les bagages personnels)

Goods that will be released after they have been accounted for and all duties with respect to them have been paid under subsection 32(1) of the Customs Act if:

1. The goods are or will be in the actual possession of a person arriving in Canada; or
2. The goods form or will form part of a person's baggage and the person and the baggage arrive or will arrive in Canada on board the same conveyance.

High Value Shipment (HVS) (Expédition à valeur élevée (EVE)

A commercial good that is valued over the low value shipment (LVS) threshold.

International Commercial Transportation (Transport commercial international)

Any transportation resulting in, or intended to result in, the carriage of persons or goods for hire or reward, or any transportation of persons or goods by or on behalf of an enterprise engaged in an activity of financial return, where the persons or goods are conveyed:

• from outside Canada to a place inside Canada; or
• from a place inside Canada to a place outside Canada;
• from a place outside Canada in-transit through Canada to another place outside Canada.

International Service (Service international)

Means the use, while loaded or empty, of railway rolling stock dispatched on a direct route from a place in Canada to a place in the United States, or from a place in the United States to a place in Canada, and includes loading and unloading in Canada while on the direct route.

Instruments of International Trade (IIT) (Instruments du commerce international (ICI))

Empty shipper or importer owned containers and also those registered under Ottawa file or with container bank numbers, which are used to transport commercial goods to and from Canada. For example: shipping tanks, pallets, baskets, bins, boxes, cartons, crates, gaylords, load lock/spacers, racks, trays, totes or similar goods used to ship goods internationally.

In-transit (En transit)

The movement of foreign goods through Canadian territory from a point outside of Canada to another foreign point. This movement is different from a Domestic In-transit movement. See the definition in the present section.

Low Value Shipment (LVS) (Expédition de faible valeur (EFV))

Commercial goods, other than CLVS goods, with a value for duty not exceeding the threshold. LVS goods are not exempt from the eManifest process. See “Courier Low Value Shipment” definition is this section.

Monthly Rental Charge (Loyer mensuel)

In respect of any railway rolling stock, the average monthly rental charge for the use in Canada of that railway rolling stock.

Multi-modal Movement (Mouvement multimodal)

A cargo documented on a transport document (e.g. air waybill, bill of lading) used for a specific mode of transportation, but arrives in Canada using a different mode of transport.

Other Government Department (OGD) (Autres ministères (AM))

Federal Departments or Agencies such as: Canadian Food Inspection Agency (CFIA) or Department of Global Affairs Canada (GAC).

Overage (Marchandises excédentaires)

Any excess in the number of pieces transmitted in the same shipment and found by the carrier or freight forwarder post arrival.

Port of Report (Bureau de déclaration)

The port where cargo physically arrives in Canada at the First Port Of Arrival (FPOA), where the conveyance, specified goods, and/or persons are expected to arrive in Canada.

Pre-arrival (Préalable à l'arrivée)

Prior to a conveyance or cargo arriving in Canada.

Pre-Arrival Review System (PARS) (Système d'examen avant l'arrivée (SEA))

A line release option allowing importers and brokers to present release documents prior to the arrival of a shipment in order to obtain release upon arrival.

Railway Rolling Stock (Matériel ferroviaire roulant)

Means wheeled railway equipment, such as passenger cars, baggage cars and freight cars.

Record (Registre)

Any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device.

Release Notification System (RNS) (Système de transmission des avis de mainlevée (STAM))

A system message sent to the client regarding the status of cargo.

Re-manifest (Nouveau manifeste)

A new cargo control document (CCD), with a new cargo control number (CCN), which is presented to change a CCD that had previously been submitted to the CBSA. Re-manifests are generally presented to change the destination office or carrier code.

Shipment (Expédition)

1. A shipment for which a carrier is responsible is one that consists of:
   1. a specified good or collection of specified goods that is listed in a single bill of lading, waybill or other similar document that is issued by the carrier and that relates to the carriage of those goods; or
   2. a specified good that is an empty cargo container that is not for sale that is transported by the carrier but that is not listed in a bill of lading, waybill or other similar document; and
2. A shipment for which a freight forwarder is responsible is one that consists of a specified good or collection of specified goods that is listed in a single bill of lading, waybill or other similar document that is issued by the freight forwarder and that relates to the carriage of those goods.

Shipper/Consignor (Expéditeur/Consignataire)

Name and address of the person shipping the goods as stipulated on the contract of carriage (e.g. bill of lading, air waybill, commercial invoice, other shipping document or sales contract, etc.).

Shortage (Marchandises manquantes)

Where pre-arrival data was transmitted and a quantity of goods was initially reported upon arrival at the First Port of Arrival (FPOA), and subsequently the number of pieces found, by the carrier, is less than the number of pieces reported to the CBSA pre-arrival and upon arrival.

Specified Goods (under the Reporting of Imported Goods Regulations) (Marchandises spécifiées (selon le Règlement sur la déclaration des marchandises importées))

Commercial goods, goods that are or will be imported to Canada for a fee and empty cargo containers that are not for sale but does not include:

1. goods that will be released after they have been accounted for and all duties with respect to them have been paid under subsection 32(1) of the Customs Act if;
   1. (i) the goods are or will be in the actual possession of a person arriving in Canada, or
   2. (ii) the goods form or will form part of a person's baggage and the person and the baggage arrive or will arrive in Canada on board the same conveyance;
2. mail;
3. commercial goods that are used in a repair that is made outside Canada to a conveyance that was built in Canada or in respect of which duties have been paid, if the repair is made as a result of an unforeseen contingency that occurs outside Canada and is necessary to ensure the conveyance's safe return to Canada;
4. a military conveyance within the meaning of subsection 18(1) of the Canadian Transportation Accident Investigation and Safety Board Act or goods that are transported on board that conveyance;
5. an emergency conveyance or goods that are transported on board that conveyance; or
6. a conveyance that returns to Canada immediately after being denied entry to the United States or goods that are transported on board that conveyance.

Warehouse Arrival Certification Message (WACM) (Message d'attestation d'arrivée aux entrepôts d'attente (MAAEA))

An electronic message sent by warehouse operators to the CBSA to report that an unreleased cargo has arrived and that they accepted liability.

General Information

2. The Customs Act, the Reporting of Imported Goods Regulations and the Transportation of Goods Regulations, establish the time, manner and who is required to send pre-arrival data pertaining to commercial cargo and conveyances entering or moving in-transit through Canada. These documents also establish the report, time of report, manner of report and who reports goods entering or moving in-transit through Canada.

3. The receipt of pre-arrival cargo and conveyance data enables the Canada Border Services Agency (CBSA) to:

1. effectively manage high risk goods and identify threats to health, safety, and security prior to the arrival of cargo and conveyances in Canada;
2. allow low risk goods a more efficient, streamlined process at the border; and,
3. control the movement of in bond goods.

4. Except as otherwise prescribed in the Customs Act, the Reporting of Imported Goods Regulations and the Transportation of Goods Regulations, all goods that are imported or moving in-transit through Canada must be reported to the CBSA at the first port of arrival (FPOA) in Canada, even when exempt from the requirement to provide pre-arrival information. The requirement to report goods to the CBSA is effected electronically, orally or in writing, in the prescribed manner as described in the Reporting of Imported Goods Regulations.

Liability

5. For information on the carrier's liability pertaining to pre-arrival information, refer to Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Record keeping

6. In addition to records required to be maintained for other CBSA programs, every person who transports or causes goods to be transported into Canada or transports or causes to be transported within Canada goods that have been imported but have not been released is required, under the Transportation of Goods Regulations, to keep records of the electronic data that has been transmitted to the CBSA and any acknowledgment of receipt of that data received from the CBSA. The records that must be kept include all source documents, in paper and/or electronic format, specifically related to the individual data elements transmitted and information reported at time of arrival.

7. For the CBSA purposes, records by means of which the person gives the agency information under subsection 12.1(1) of the Customs Act related to the conveyance, cargo transmission and report upon arrival must be kept for a period of three complete calendar years plus the current year during which conveyance, cargo transmission and report were transmitted.

Monitoring

8. In addition to all other monitoring and verification activities, the CBSA will perform periodic monitoring of the records kept by carriers related to electronic conveyance and cargo information. The monitoring will confirm whether the conveyance and cargo data were submitted in a timely manner and that information transmitted pre-arrival is true, accurate and complete and corresponds to the information contained on the source documents on file. This includes the use of exception/exemption codes.

Carrier Identification Requirement

9. Any carrier transporting or causing specified goods to be transported into Canada must have a CBSA assigned carrier code.

10. The CBSA carrier code forms the prefix of the Cargo Control Number (CCN) and the Conveyance Reference Number (CRN).

11. For the purpose of identifying carriers and freight forwarders, a bonded or non-bonded CBSA carrier code will be assigned to a company upon authorization. This carrier code number must be shown on all cargo control documents (CCDs) presented or transmitted to the CBSA.

12. Conveyance Reference Numbers (CRNs) must have the CBSA assigned carrier code of the legal entity (carrier) physically arriving at the border as the prefix to the CRN.

13. For information pertaining to carrier code requirements and how to obtain a carrier code, refer to Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Security Requirements

14. A carrier or Canadian freight forwarder wanting to become bonded under general authorization must complete an application and file security in a format as outlined on the CBSA website.

15. To become a bonded carrier or freight forwarder, security must be filed in accordance with Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Carrier Obligations

16. All carriers transporting specified goods into Canada must electronically transmit to the CBSA specified data pertaining to the cargo and conveyance within the prescribed timeframes as described in the Reporting of Imported of Goods Regulations. Provision of this data within prescribed timeframes satisfies the requirement set out in section 12.1 of the Customs Act.

17. Transmission of electronic pre-arrival conveyance/cargo data does not constitute "reporting" for the purposes of section 12(1) of the Customs Act. Report, as defined in section 12(1), is not achieved until the operator of the rail conveyance transmits an electronic Conveyance Arrival Certification Message (CACM). Rail carriers can send in their request for an arrival up to 30 minutes in advance of their actual arrival at the Canadian border.

18. When the conveyance arrives at FPOA and the status is updated to "reported", the CBSA will send a notification to the carrier who is the operator of the conveyance, as identified by the CBSA carrier code on the conveyance report detailing the CCNs of the related cargo transmissions that are deemed to have been reported as per section 12(1) of the Customs Act. This message will serve as the carrier's "proof of report".

19. As per section 7.1 of the Customs Act, carriers are liable to ensure all information provided to the CBSA, including pre-arrival information is true, accurate, and complete. Furthermore, as per section 22 of the Customs Act and section 7 of the Transportation of Goods Regulations, the information transmitted must be supported by source documentation (i.e. bills of lading, invoices, contract of carriage) and made available to the CBSA upon request.

20. Carriers will incur any and all costs associated with the movement or relocation of cargo for the purpose of an examination by the CBSA.

Cargo Reporting and Control Procedures

21. The cargo report must be electronically transmitted to the CBSA by the carrier, or a service provider authorized by that carrier to transmit on their behalf, within the prescribed timeframes as outlined in the Reporting of Imported Goods Regulations. A rail cargo report is mandatory for all non-exempt import cargo.

22. Before or upon arrival of the goods in Canada, the rail carrier may submit, in addition to the electronic transmission, form A1, Train Report Inward, identifying shipments for which the CBSA has received and accepted cargo details. Rail crew must also report to the CBSA.

23. When in bond freight physically arrives at its final destination (rail sufferance yard), the warehouse operator must submit Warehouse Arrival Certification Message (WACM) to the CBSA. Information on WACM and other notifications can be found in Chapter 11: Advance Commercial Information (ACI)/eManifest Notices (ECCRD).

24. Shipments that cannot enter Canada due to CBSA prohibitions or the regulations of other government departments, such as the Canadian Food Inspection Agency (CFIA), must be returned immediately to the United States under CBSA control.

25. Sufferance warehouse licensees may not release goods from their warehouse until they are in receipt of one of the following:

1. the original or facsimile CBSA-stamped delivery authority copy of the CCD; or
2. a Release Notification System (RNS) message received directly from the CBSA system as an RNS participant; or received through the intermediary of a dedicated service provider; or
3. a deconsolidation notice received directly from the CBSA, or a copy of a deconsolidation notice received from a freight forwarder or carrier. Refer to Customs Departmental Memorandum D3-3-1 Freight Forwarder Pre-arrival and Reporting Requirements for additional information.

Note: Option (a) does not apply in situations where the importer/broker has used an Electronic Data Interchange (EDI) service option.

26. An authorization is not required if the importer holds a license for a type PS (private railway siding) rail sufferance warehouse for full carload lot shipments. In such cases, the carrier can deliver the car and its load directly to the consignee's premises. When applicable, it is the consignee's responsibility to ensure that the seals are not broken and that the goods have not been removed before the CBSA has authorized its release.

27. When the CBSA authorizes the release, the CBSA will transmit an electronic release message to the rail carrier authorizing the release of the goods.

Cargo Control Number and Conveyance Reference Number reuse timeframes

28. Rail CCNs and CRNs must be unique and cannot be reused for three years starting January 1st of the year following its initial use.

Electronic Communication with the CBSA

29. Carriers must transmit data using the CBSA's electronic data interchange (EDI) systems. Before initiating the application process (outlined below), carriers/freight forwarders must have a valid CBSA assigned carrier code as per section 12.1 of the Customs Act.

Application to Transmit Electronic Data to the CBSA

30. Carriers using EDI are required to complete an application form and submit it to the Technical Commercial Client Unit (TCCU).

31. EDI clients may choose to transmit their own data to the CBSA or they may choose to use a service provider. Clients that choose to use a service provider are reminded that they remain liable for the data transmitted to the CBSA. Non-compliance may be subject to administrative monetary penalty(ies). For more information on how to apply, to participate in EDI, methods of electronic communication and general information on EDI, go to the CBSA external website.

32. For all enquiries related to any problems with electronic transmission of data and the related application process, or to obtain a copy of Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD), contact the TCCU at:

Technical Commercial Client Unit
Canada Border Services Agency
355 North River Road, 6th floor, Tower B
Ottawa ON K1A 0L8

Phone: 1-888-957-7224
Option 1 for EDI transactions
Option 2 for technical Portal assistance (calls within Canada and the United States)

Email: tccu-ustcc@cbsa-asfc.gc.ca

Data Transmission Guidelines

Cargo Data

33. The cargo data must be electronically transmitted to the CBSA by the carrier, or a service provider authorized by that carrier to transmit on their behalf, within the prescribed timeframes as outlined in the Reporting of Imported Goods Regulations. A rail cargo report is mandatory for all non-exempt import cargo.

34. All cargo data must be accepted by the system and on file in order to be subsequently linked to a conveyance. If a conveyance is transmitted quoting a CCN that is either not on file or in reject status, the conveyance transmission will be rejected.

35. Electronic cargo submissions must be transmitted with an applicable movement type/service option, as found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

36. A sub-location code is mandatory for in bond shipments and optional for shipments requesting release at FPOA. This option is available to provide a secondary (inland) port of release should the shipment not be able to obtain release at the border (i.e. failed PARS) and the goods qualify for in bond movement.

37. A complete list of the information that a rail carrier must include in the cargo transmission can be found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

Multi-modal Movements

38. The multi-modal cargo process applies to both highway and rail modes of transport. The owner or person in charge of the conveyance will link the cargo to the conveyance transmission.

39. A multi-modal movement is a cargo documented on a transport document used for a specific mode of transportation, but arrives in Canada using a different mode of transport. The cargo carrier will be required to electronically transmit the multi-modal cargo and mode indicator code within the prescribed timeframes specific to the transportation mode used to physically transport the goods into Canada.

40. For example, highway cargo is loaded onto a rail car for transport into Canada. The carrier will transmit a multi-modal cargo submission. The conveyance operating carrier (COC) will transmit a rail conveyance report and link the multi-modal cargo to the rail conveyance. The multi-modal cargo and the rail conveyance data must be received by the CBSA within the rail transmission timeframes.

Conveyance Data

41. The COC or a service provider authorized by that carrier must prepare and transmit an electronic transmission to the CBSA with the required conveyance data within the timeframes as specified in the Reporting of Imported Goods Regulations.

42. All cargo data must be accepted by the system and on file in order to be subsequently linked to a conveyance. If a conveyance is transmitted quoting a CCN that is either not on file or in reject status, the conveyance transmission will be rejected.

43. For an empty conveyance, an "empty" indicator must be utilized to indicate a conveyance with no cargo.

44. Rail carriers who arrive at the First Port Of Arrival (FPOA) with empty conveyances (with no specified goods on board), and who have not transmitted pre-arrival data will not receive any Administrative Monetary Penalties (AMPs) for failing to transmit pre-arrival data for that empty conveyance, until further notice. During this period, carriers arriving with no specified goods will be exempt from the mandatory provision of pre-arrival information. This forbearance does not remove the requirement to report to the nearest CBSA office upon arrival to Canada.

45. A complete list of the information that must be included in the conveyance data can be found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

Cargo and Conveyance Transmission Timeframes

46. Carriers (or an authorized third-party provider acting on a carrier's behalf), are required to prepare and transmit the required cargo and conveyance information within the timeframes specified in the Reporting of Imported Goods Regulations.

47. In the rail mode, the conveyance and cargo information for specified goods must be received and validated by the CBSA, as outlined in the Reporting of Imported Goods Regulations, at least two hours prior to the conveyance arriving at the FPOA in Canada.

48. For exemptions from cargo data requirements, refer to Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

49. Properly formatted messages received less than two hours prior to the transmitted estimated time of arrival at the border will be accepted by the system, but the client will also be warned via error message of "insufficient review time", and AMPS penalties may be applicable.

Sealing of Rail Cars

50. If a railcar or part thereof, that contains in bond goods, is sealed with a company seal(s), the seal number(s) must be correctly transmitted on the ACI/eManifest conveyance transmission. The company seal will remain intact, unless the CBSA performs an examination.

51. The sealing of conveyances and containers are only required for the following specific CBSA circumstances:

1. Carriers who must meet sealing requirements as participants of the CBSA's trusted trader programs.
2. Cargo that is, controlled or regulated by any Act of Parliament.
3. In-transit movements to point of final export.
4. Movement of conveyances and containers from the FPOA to a CBSA examination location.

52. With the exception of cargo under paragraph 51(b), bonded carriers will be allowed to move without seals between inland sufferance warehouses, where the cargo has been amended or re-manifested.

53. CSA carriers may move inland without a seal except when a railcar is selected for inland examination under form A28, Inspection or Operational Report Control.

54. Where CBSA seals have been affixed to a load at the first port of arrival for an outturn check at destination, the load must be delivered to the release point with the CBSA seals intact. If company seals are already affixed, it is not necessary to replace these seals with CBSA seals, however the load must be delivered to the release point with the seals intact.

55. Where the size, nature or routing of the shipment makes sealing of the container/railcar impracticable, other measures of outturn check control must be employed. For example, individual boxes or packages can be bound or sealed in a manner that prevents undetected removal or substitution of contents. In the case of uncrated machinery or equipment, serial numbers can be used for control purposes. Seal numbers, serial numbers or a notation of how packages have been secured must be indicated on form A28, Inspection or Operational Report Control (where applicable), by the examining border services officer. Where the border services officer determines that the goods cannot be securely sealed, the goods must be checked against the cargo control transmission. Any unloading for this purpose must be done by and at the expense of the carrier.

56. A border services officer may permit a load to be moved in bond to a destination under convoy of a border services officer, where the nature of the goods or the type of vehicle used does not permit the merchandise to be placed under seal, or unreasonable time and labour would be involved in unloading and checking the goods, or for other reasons at the CBSA's discretion. This movement would be at the expense of the carrier.

57. The CBSA reserves the right to seal any conveyance, container, or compartment at any time.

Conveyance Arrival Certification Message (CACM)

58. To meet the reporting requirements under section 12(1) of the Customs Act, the COC must transmit a CACM upon arrival at the FPOA.

59. The CACM is required in addition to the cargo and conveyance pre-arrival data previously transmitted according to the prescribed timeframes as described in the Reporting of Imported Goods Regulations.

60. The COC or a service provider authorized by that carrier to transmit on their behalf, prepares and transmits a CACM to the CBSA through EDI.

61. An arrival in the rail mode is defined as when the rail conveyance has physically arrived in Canada. The CACM must be transmitted and received within a 30 minute window, allowing rail carriers to transmit their arrival request up to 30 minutes in advance of their actual arrival at the Canadian border.

62. Upon receipt, validation and acceptance of the CACM, the CBSA system updates the status of the conveyance and related cargo, and acknowledges the arrival of the conveyance with a section 12(1) "Reported Notice" to the originator of the arrival message. This notice indicates the carrier operating the conveyance (as identified by the CBSA carrier code transmitted within the conveyance report) has met their obligation to report under section 12(1) of the Customs Act, for the conveyance and all shipments detailed on cargo documents that are linked to that conveyance. The CACM will generate any release (for shipments requesting FPOA release), authority to move for shipments in bond, authority to deliver for CSA shipments (where cargo and conveyance information was provided electronically through ACI/eManifest) or referral notification messages accordingly. For more information refer to the Advance Commercial Information (ACI)/eManifest Non-Highway Conveyance Arrival Certification Message Implementation Guide found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

63. All section 12(1) "Reported Notices" sent to the carrier must be kept on file and made available to the CBSA when requested during compliance monitoring, supported by the requirements in the Transportation of Goods Regulations.

64. For a complete list of the information that must be included in the CACM, refer to the Advance Commercial Information (ACI)/eManifest Non-highway Conveyance Arrival Certification Message Implementation Guide. For a copy of this guide, contact the Technical Commercial Client Unit.

Delivery Requirements and Transfers to Sufferance Warehouses

65. Cargo arriving in Canada as rail traffic can be transferred to a highway carrier and move forward to its destination on the primary rail cargo control transmission provided that:

1. The highway sufferance warehouse at the destination is licensed to receive shipments on rail cargo control documents;
2. The CBSA office at the destination is indicated on the primary cargo control transmission; and
3. Cargo can be transferred to another sufferance warehouse after presentation of a re-manifest. This applies only if the warehouse is licensed to receive the freight.

66. The rail carrier can transfer consolidated shipments consigned to a bonded freight forwarder to the freight forwarder's type CW sufferance warehouse (or agent thereof) providing the warehouse has been licensed to receive the freight. For more information on electronic house bills and transference to a CW Warehouse, see Memorandum D3-3-1, Freight Forwarders Pre-Arrival and Reporting Requirements.

67. Consolidated shipments consigned to a bonded freight forwarder and reported by the primary carrier at the FPOA, may be authorized by the CBSA to move directly to the freight forwarder CW type, sufferance warehouse. See Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods, or Memorandum D3-3-1, Freight Forwarders Pre-arrival and Reporting Requirements, for required conditions.

68. The rail carrier can deliver cargo arriving by air, highway, or marine service for transport in bond under a rail cargo transmission directly to the rail terminal.

69. The rail carrier can deliver intact containers arriving under a rail cargo transmission for transport in bond for export to the exporting carrier's sufferance warehouse, if the rail cargo shows that the goods are for export.

70. Cargo arriving under a highway cargo transmission must be delivered to the highway sufferance warehouse.

Notification and Error Messages

71. All pre-arrival data received will be validated and processed through CBSA's systems, and the CBSA will transmit response messages back to the sender. Notices are sent to the sender via the same route as the incoming transmission.

72. There are two types of response messages clients can expect to receive from CBSA systems when transmitting pre-arrival transmissions by electronic means:

1. Positive Responses.
2. Error Responses.

73. Positive responses are issued in the form of “Acknowledgements”. Acknowledgements are generated when the EDI transmission has successfully passed all syntactical, conformance and validation edits.

74. Error messages will be transmitted to the sender indicating the nature of the error, in the form of reject notices. Carriers must make corrections to transmissions in error and re-send to the CBSA in a timely manner. The rejected report will be considered by the CBSA as non-transmission of the conveyance and/or cargo data until the identified errors have been addressed and the data is in “Accepted” status by the CBSA system.

Corrections

Corrections to Cargo and/or Conveyance Data

75. Changes or amendments to cargo and/or conveyance data shall be made as soon as they are known.

Add/Change/Delete (Cancel)

76. An "Add" is used for the first transmission (original) of any data, whether it is cargo or conveyance data. It must be transmitted within the timeframes as prescribed in the Reporting of Importing Goods Regulations.

77. A "Change" involves the pre-arrival re-transmission of the entire record (all applicable data elements), which will then replace the entire record on file. As a rule, the carrier will be required to transmit a change to update the current conveyance record or cargo record when any of the data elements on the current transmission to the CBSA change. Individual data elements are not to be transmitted separately.

78. However, if a CCN on a cargo submission or the actual CRN on a conveyance transmission needs to be changed, the client must first transmit a record to delete the cargo or conveyance, and then transmit an "Add" for the new report with the new CCN or CRN. A change request will not be accepted in that case.

79. A "Delete" (cancel) is used for the complete removal of records or packages of records. If individual data elements or loops of segments are to be deleted, these must be processed as changes. The specific data transmitted on the delete does not necessarily have to be identical to the original add or change – only the "key" data (i.e. CCN or CRN and whether the record is a cargo or conveyance) must be identical.

80. Deletions may be made at any time up until arrival at the port of report. If a conveyance transmission is on file, it must be changed or cancelled before an associated cargo can be cancelled.

Note: un-arrived cargo and conveyance records are to be deleted (cancelled) if unused within 90 days.

Post Arrival Amendments

81. Cargo and Conveyance data transmissions, if found by the carrier to be in error post-arrival, must be amended as soon as the error is discovered.

82. Some key data elements cannot be electronically amended or deleted post arrival. If amendments/deletions to these data elements are required, the online form, BSF673, House Bill, Cargo and Conveyance Manual Correction Request Form – Post Arrival - All Modes must be completed. Carriers/freight forwarders have up to 90 days to present the correction request to the local CBSA commercial office.

In-transit Shipments

Conveyance Report – Transiting Through Canada From/to a Foreign Point

83. Rail carriers are responsible for reporting cargo transiting through Canada to the CBSA at the FPOA by using the Electronic Data Interchange (EDI). Form A5, Train Report Outward will be used to report the conveyance at point of exit. Alternatively, reported cargo transferred to a vessel for export to a foreign country will be acquitted by the Marine outward report.

84. Form A5 must list the cargo control numbers associated with the cargo that is exiting Canada on that particular conveyance.

85. Additional information may also be included, such as:

1. Carrier name and contact information
2. Carrier Code
3. Date and time the A5 is being sent to the CBSA
4. Date and estimated time of arrival to the port of export
5. Train number or report number (not railcar number)
6. Export reporting office (ERO)
7. Order number (order of rail cars built on the train)
8. Rail car number
9. Container number (if containerized)

Cargo Reporting and Control Procedures for Domestic In-transit Shipments (United States – Canada – United States)

86. EDI rail carriers no longer have to use form BSF708, Rail In-transit Manifest to report freight shipments in-transit through Canada (United States – Canada – United States) or the United States (Canada – United States – Canada). Instead, the rail carrier has the option of transmitting eManifest pre-arrival cargo data. If electronic cargo is being transmitted, rail carriers are reminded to not use the in-transit cargo exception code on the conveyance report, and to select "in-transit" in the "Movement Type (Manifest Type Code)" field of the cargo transmission. If using the form BSF708 paper option, the CBSA will not issue AMPS penalties for failing to electronically transmit in-transit conveyance data, until such time as the CBSA implements and mandates a complete in-transit solution.

Note: This is an interim procedure until an electronic in-transit cargo process is available.

87. Form A5, Train Report Outward, is to be presented upon exit from Canada. Carriers must export loaded cars at the point of exit with the seals intact. If the seals are broken, the cars must go to the local rail examination facility where a border services officer may do a physical check of the contents against relative waybills. Upon approval, the cars will be released to return to the United States.

Note: If the border services officer takes note of shortages in a car, the carrier must pay duties and taxes on all missing shipments.

88. Carriers cannot divert in-transit cars to Canadian destinations. If the carrier does divert the in-transit cars or holds the cargo for disposal in Canada, a border services officer will detain the cars immediately for determination.

89. Carriers can export in-transit cars at any CBSA office where railways cross the international border. The CBSA will allow a route change from one point of exit to another. This is not considered as a diversion for CBSA purposes.

Procedures for Canadian Goods In-transit Through the United States (Canada – United States – Canada)

90. The paper A5, Train Report Outward, is required to be presented upon exit from Canada for the first leg of the in-transit cargo move. Upon re-entry, rail carriers are required to transmit Canadian origin cargo as an import to Canada. Rail carriers are asked to include the text "in-transit Canadian origin goods" in the special instructions field of the cargo transmission.

Note: This is an interim procedure until an electronic in-transit cargo process is available.

Interline Transfers

91. Rail carriers may transfer in bond goods to a secondary bonded rail carrier for export under the original carrier's cargo control document (CCD), provided that the final destination is indicated on the original cargo transmission.

92. The transferring rail carrier will maintain full liability for the goods and will be absolved of liability to the CBSA once the goods have been acquitted by the conveyance operator upon export by reporting the CCN on the form A5, Train Report Outward.

eManifest Exemptions

93. This section will outline circumstances in which pre-arrival cargo data is not required under section 12.1 of the Customs Act. A complete list is found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

94. Should clients choose to transmit data for any of the listed exemptions and/or exceptions they must do so within the timeframes specified in the Reporting of Imported Goods Regulations. A complete list of the information that a carrier must include in the conveyance and cargo transmissions can be found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD).

Note: The CBSA will perform periodic monitoring of the records kept by carriers related to electronic cargo information, as identified in paragraph 8 in this memorandum. This will include information that may be transmitted, should clients choose to do so, for goods that otherwise fall under cargo exemption.

Exceptions from Cargo Data – Only Conveyance Data Required

95. The following are exempt from cargo data where only conveyance data is required:

1. Goods that are being imported into Canada under the CLVS Program by an approved CLVS Participant (i.e., courier).
   Note: Low value shipments not imported under the CLVS Program require advance cargo and conveyance data.
2. Instruments of International Trade (IIT) – empty shipper or importer owned containers and also those registered under Ottawa file or with container bank numbers, which are used to transport commercial goods to and from Canada. For example: shipping tanks, pallets, baskets, bins, boxes, cartons, crates, gaylords, load lock/spacers, racks, trays, totes or similar goods used to ship goods internationally.
3. Mail (Canada Post, US Mail, International) – as part of a mixed load.
4. Emergency Repairs – includes conveyances that have been repaired outside Canada as a result of an unforeseen contingency that occurred outside Canada; and the repairs were necessary to ensure the safe return to Canada of the conveyance.
5. Domestic In-transit Movements – interim period (an electronic in-transit process is under development, and will be available in a future iteration).
6. Dunnage – Packaging material such as boards, blocks, planks, metal or plastic bracing, used in supporting and securing packages for shipping and handling.
7. Loaded Buffer Cars – used for the protection of the train crew from hazardous or combustible materials and the materials themselves, from sources of ignition.
8. Empty Conveyances – conveyance transmission requires an indicator identifying the conveyance as being empty.

96. Report on arrival requirements under section 12(1) of the Customs Act, for all of the above exemptions are outlined in paragraph 18 of this memorandum.

Unique Shipment Processes

97. The following rail specific processes are not exempt from pre-arrival data; however the reporting and or pre-arrival requirements differ in some manner.

Overages/Shortages

98. Where there are discrepancies between transmitted data and/or reported cargo and the actual number of pieces found on arrival, the process documented in the Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods must be followed.

Non-emergency Repairs

99. For repairs to conveyances that were completed outside of Canada and do not meet the definition of emergency repairs, carriers must transmit cargo and conveyance data to the CBSA within the prescribed advance timeframes, identifying the repair as the cargo.

Electronic Freight Ex-vessel (Transportation of Marine Containers)

100. The following procedures will apply except if the marine carrier is using overland movement and form A6, General Declaration, under security of the marine carrier's bond.

101. Containerized freight landed at United States ports for transport to Canada are to be manifested by the rail carrier based on ocean bill of lading information. Each ocean bill of lading has to be covered by a separate cargo transmission. If a bill of lading covers a multi-container shipment, each container load will be manifested except where all the relative containers arrive in Canada on the same train. For more information on freight ex-vessel, refer to Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements.

102. The conveyance transmission must state the container and seal numbers (when available from documents in the carrier's possession).

103. At the seaport of initial discharge, the rail carrier uses a rail CCD (re-manifest) to report each marine shipment ex-vessel going to a point in Canada or for in-transit movement to a point outside Canada. The cargo must show the same information as that shown on the relative ocean bill of lading and bear a reference to the name of the vessel, carrier code, inward report number, and ocean bill of lading number.

104. The vessel inward report will be acquitted by the railway cargo control number(s). The master of the vessel or the agent has to account for the missing goods under normal procedures, as outlined in Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Dangerous Commodities

105. The purpose of the Transportation of Dangerous Goods Regulations is to protect the public from potential hazards of transporting dangerous goods by establishing and regulating safety standards, safety marks, and safety requirements for these products.

106. Dangerous goods, hazardous wastes, explosives, and radioactive materials are examples of products that pose a hazard or risk to human health or the environment, and as such, are regulated and require special handling while being transported.

107. The Transportation of Dangerous Goods Regulations require that all shipments of dangerous goods be classified, labeled, placarded, packaged, and documented in a specific manner by the shipper. For more information, refer to Memorandum D19-13-5, Transportation of Dangerous Goods.

Derailments and Wrecks

108. Cargo control transmissions and waybills that cannot be properly acquitted at the receiving CBSA office due to a railway derailment or wreck should be referred to the CBSA office where the rail carrier originally reported the wreck. The responsibility to ensure correct acquittal of waybill quantities, and the merit of any application to account for damaged goods rest with the CBSA office so notified.

Additional Unique Processes

109. Report empty cars by EDI only when the car is a freight shipment (importation) and the railway assessed a freight charge for the movement.

110. The carrier must report all shipments of Company Owned Material (COMAT) on an EDI transmission.

111. When the cargo is carried under the shipper's load and count contracts, the cargo transmission must clearly be marked "shipper's load and count" and all units must be sealed by the shipper before transferring to the carrier.

112. In the case of car, container, or trailer-on-flatcar load lots (one type of commodity), show the actual number of cartons, cases, barrels, etc., of the commodity.

113. In case of bulk commodities, the quantity on the CCD or electronic report will be shown as "1", representing one railcar.

114. Other unique shipment processes are referenced in Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods. They are as follows:

• Goods Found Astray (Misrouted Goods)
• Non-resident Importer
• Transporting “to order” Shipments
• Moving Company and Personal Effects
• Entered to Arrive (ETA) and Value Included (VI) Shipments
• Ship's Stores
• Duty Free Shops (Goods Imported by Duty Free Shops)
• Carnet and other temporary imports
• Unscheduled Emergency Diversion – Goods moving into Canada

Railway Rolling Stock

115. All locomotives, railway rolling stock, and miscellaneous railway equipment arriving in or departing from Canada are required to report to the CBSA.

116. If they are being imported temporarily for the purpose of international commercial service they are classified under tariff item 9801.10.10 and are customs duty free. Pre-arrival cargo and conveyance data are required and when exported, they are reported on a form A5, Train Report Outward.

117. The determination of whether or not locomotives, railway rolling stock or miscellaneous railway equipment are engaged in international commercial transportation is based on the origin and destination of the goods carried and not the actual route of the locomotive, railway rolling stock or miscellaneous railway equipment.

118. Foreign railway rolling stock imported into Canada to be temporarily engaged for domestic use under tariff item 9801.20.00 may do so with goods on board.

119. All locomotives, railway rolling stock and miscellaneous railway equipment arriving in or departing from Canada must be reported and are normally not accounted for but are documented on pre-arrival conveyance transmissions and on a form A5, Train Report Outward.

120. Companies wishing to temporarily engage foreign railway rolling stock for domestic use do not require pre-authorization from the CBSA. However, the importation of the railway rolling stock must be under a lease or contract, for a period not exceeding 12 months, signed prior to the importation.

121. The foreign railway rolling stock so engaged cannot be removed from Canada for any reason, including being placed in international service. Foreign railway rolling stock that is being used for in-transit movements from one place in Canada to another place in Canada, through the United States, is not considered to have been placed in international service.

122. Importers of foreign railway rolling stock that is owned or controlled by United States railway companies must report the diversion of any railway rolling stock that is removed from international service and temporarily diverted into Canadian domestic service.

123. Importers of foreign railway rolling stock that is not the property of or under the control of a United States railway must report the diversion of any railway rolling stock that is removed from international service and temporarily diverted into Canadian domestic service. The railway rolling stock that has been diverted from tariff item 9801.10.10 must be classified under Chapter 86 of the Customs Tariff.

Note: Goods of tariff item 9801.20.00 must be owned or under the control of a railway company in the United States. The period of diversion cannot exceed 90 days in one calendar year. The 90 days does not have to occur consecutively. The origin may attract customs duties which would be paid the first time only.

124. The importer is required to monitor the length of time the railway rolling stock is diverted to Canadian domestic use.

125. Importers of railway rolling stock that has been manufactured in Canada that is diverted temporarily from international service and placed into Canadian domestic service must report the diversion. In this case, the Canadian railway rolling stock would have been manufactured in Canada for export and never entered into domestic service. If the Canadian railway rolling stock is owned or under the control of a railway company in the United States it is being diverted from tariff item 9801.10.10 to tariff item 9801.20.00. The railcars are being diverted to Chapter 86, if they are owned or under the control of a foreign railway other than a United States railway. The period of diversion cannot exceed 90 days in one calendar year. The 90 days does not have to occur consecutively.

126. For information regarding non-taxable importations see Excise Tax Act Schedule VII.

127. For information regarding the calculation of GST on railway rolling stock see Value of Imported Goods (GST/HST) Regulations sections 9, 10 and 11.

Exportation Process of Railway Rolling Stock

128. It is the importer's responsibility to advise the regional CBSA office at the place where the goods were accounted for, that the railway rolling stock has been exported. Proof of export must be provided within 30 days of the exportation of the last railcar or when the lease or contract expires, whichever is earlier.

129. Proof of export can be provided by any of the following, on condition that it clearly demonstrates that the diverted railcar has left Canada and the date of departure is evident:

1. a validated A5, Train Report Outward;
2. a certified E15 (identification of goods exported or destroyed);
3. United States customs report;
4. an internal off-line report;
5. an interline report with a United States railway company.

Failure to Submit Pre-arrival Information

130. The CBSA requires complete information pertaining to all specified goods arriving in Canada. Where no pre-arrival information was transmitted and no other exemption or exception exists, the carrier must transmit a cargo report as soon as it is discovered. Should the CBSA discover goods for which no pre-arrival data was transmitted, and for which no report was made to CBSA, sanctions may be issued to the carrier for non-report.

131. When the conveyance is known, the CRN must also be amended to add this post arrival cargo.

132. Post arrival cargo that is not attached to a related CRN will be presented to the nearest CBSA office to have the status electronically updated to "Arrived". This must be done to enable release of the goods.

Contingency Plan in the Event of System Failure

133. The CBSA System Outage Contingency Plan sets out the procedures for importing commercial goods in the event of a full CBSA system outage in all modes.

134. Clients may contact the TCCU at 1-888-957-7224 for additional clarification.

Penalty Information

135. For information on administrative penalties, refer to Memorandum D22-1-1, Administrative Monetary Penalty System. Information on AMPS penalties is also available on the CBSA web site.

136. Other administrative sanctions, such as the revocation of program privileges and penalties of Other Government Departments, may also be applicable.

Additional Information

137. For additional information, within Canada, call the Border Information Service (BIS) at 1-800-461-9999. From outside Canada, call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time / except holidays). TTY is also available within Canada: 1-866-335-3237. Additional information can also be found on the CBSA Website

References

Issuing office:

Transporter and Cargo Control Programs Unit
Program and Policy Management Division
Commercial Program Directorate
Commercial and Trade Branch

Headquarters file:

7730-1

Legislative references:

Canadian Food Inspection Agency (CFIA)
Canadian Transportation Accident Investigation and Safety Board Act
Customs Act
Customs Tariff
Excise Tax Act
Excise Act
Reporting of Imported Goods Regulations
Special Import Measures Act
Transportation of Goods Regulations
Transportation of Dangerous Goods Regulations
Value of Imported Goods (GST/HST) Regulations

Other references:

D3-1-1,  D3-1-8, D3-3-1, D3-5-1, D4-3-4,  D4-3-5, D22-1-1, D17-1-4, D19-13-5, D23-2-1,
Advance Commercial Information (ACI)/eManifest Rail (ECCRD)

Superseded memorandum D:

D3-6-6 dated December 3, 2019

Date modified:

2022-12-16