Administrative Monetary Penalty System
Person failed to report conveyances inbound and/or upon arrival.
|3rd and subsequent||$8,000|
- Penalty basis
- Per conveyance
- Retention period
- 12 months
Non-compliance occurs when a conveyance is not reported upon arrival in Canada, as prescribed, at the nearest designated customs office open for business.
Non-compliance with CACM requirements:
In instances where the Conveyance Arrival Certification Message (CACM) requirements are not met, or where the carrier fails to transmit their CACM within the prescribed manner and timeframe, i.e., CACM is transmitted prior to the timeframe allowed. The officer must forward this information to the Commercial Program Directorate at Headquarters (HQ). This penalty is to be issued by Carrier, Postal & Courier Compliance (CPCC), Commercial Program Directorate at Headquarters against the carrier responsible for providing CACM.
The CACM shall be sent to the CBSA using an Electronic Data Interchange (EDI) method at first point of arrival (FPOA) 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 applicable Electronic Commerce Client Requirements Document.
- An air carrier failed to transmit electronic CACM, after the aircraft was cleared to land at an airport of arrival, following arrival in Canada.
- A marine carrier failed to transmit their CACM within a two hour window prior to their actual arrival at a Canadian port. The vessel must be within Canadian waters at the time the CACM is submitted.
- A rail carrier failed to transmit their CACM within a 30 minute window prior to their actual arrival at the Canadian border.
Non-compliance with reporting requirement, (CACM exempt):
Conveyances exempt from transmitting ACI data to the CBSA are also exempt from transmitting the CACM.
Exempt conveyances must still be reported to the CBSA at the FPOA, under section 12(1) of the Customs Act.
In instances where a carrier fails to report a conveyance upon arrival in Canada, border services officers will issue the penalty against the carrier responsible for reporting.
- A commercial passenger aircraft (including charter flights) arrives in Canada, or makes a technical stop at an AOE, and fails to report the arrival of the conveyance to the CBSA.
- A cruise ship makes an unscheduled stop at a port in Canada prior to arriving at its indicated FPOA and fails to report the stop to the CBSA.
- A highway carrier fails to report their conveyance at the Primary Inspection Line at the First Point of Arrival.
Exceptions/exemptions from transmitting pre-arrival information are listed in D-3.
It is important to understand that the transmission of ACI data does not constitute report. The carrier must report the conveyance on arrival in the prescribed manner.
For failure to transmit Advance Commercial Information, refer to C378.
If a carrier fails to report imported goods, refer to C021.
- Date modified: