Administrative Monetary Penalty System
C371
Contravention
Person (carrier or freight forwarder) failed to use their authorized carrier code or failed to present a contract or letter of exclusivity when using another carrier or freight forwarder’s carrier code.
Penalty
| Occurrence | Penalty |
|---|---|
| 1st | $1,000 |
| 2nd | $2,000 |
| 3rd and subsequent | $4,000 |
- Penalty basis
- Per conveyance
- Retention period
- 12 months
Guidelines
Penalty is applicable to all reporting requirements where a carrier code must be provided.
Non-compliance occurs when a conveyance operating carrier or freight forwarder fails to use their unique CBSA carrier code when providing their conveyance data, or uses the carrier code belonging to another carrier or freight forwarder without a valid contract or letter of exclusivity.
The carrier or freight forwarder should be afforded an opportunity to prove exclusivity. Refer to D3-4-2 for more information on proving exclusivity. The carrier or freight forwarder will not be allowed to perform an inland movement using the unauthorized carrier code and is required to use their own carrier code if not operating under an exclusive contract. A carrier or freight forwarder will be liable for a penalty if they move inland on their own carrier code, or leaves Canada, prior to proving exclusivity.
References
Legislation
D-Memo
D3-3-1, Freight Forwarder Pre-arrival and Reporting Requirements
- Date modified: