Administrative Monetary Penalty System
C379

Contravention

Person failed to submit advance information in the prescribed time or prescribed manner to the Agency.

Penalty

Occurrence Penalty
1st $250 Footnote *
2nd $375
3rd and subsequent $750
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

Non-compliance occurs when the responsible party fails to transmit the prescribed information in the prescribed time or manner to the Agency.

This penalty is to be issued by Carrier, Postal and Courier Compliance (CPCC), Commercial Programs Directorate at Headquarters (HQ), against the party responsible for providing the required data.

The prescribed information shall be sent or provided:

  • In accordance with the established timelines, and/or
  • Using an approved electronic means as described in the Electronic Commerce Client Requirements Document and set out in the Reporting of Imported Goods Regulations.

One C379 penalty will be issued per instance. The same penalty level will be assessed for all infractions discovered during the same examination or monitoring period.

Prescribed information must be transmitted in the prescribed timeframe and in the prescribed manner. These two separate obligations must be respected; a contravention against any one of the two obligations will result in the assessment of this penalty. In instances of non-compliance with timeliness and manner requirements two separate C379 penalties may be applied.

Situations where the information is provided upon or after arrival should be considered as if no pre-arrival/pre-load information was provided. In this instance, apply penalty C378.

In instances where an officer finds a responsible party in contravention, the officer must forward this information to the Commercial Programs Directorate at HQ.

Examples of non-compliance under C379:

  • A carrier failed to submit an electronic conveyance report within the prescribed timeframes.
  • A carrier failed to submit an electronic pre-arrival cargo report within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
  • A carrier failed to submit an electronic pre-arrival conveyance report within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
  • A carrier failed to submit an electronic pre-arrival Bay Plan in the marine mode, within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
  • A freight forwarder failed to submit an electronic pre-arrival house bill report and/or house bill close message within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
  • A freight forwarder failed to submit an electronic pre-arrival supplementary data report for FROB in the air or marine modes, within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.

Exceptions/exemptions from transmitting pre-arrival information are listed in D-3.

For failure to notify CBSA of any correction see C381.

References

Regulation

Reporting of Imported Goods Regulations, sections 14, 15, 15.3, 17, 17.2, 19, 19.2, 21, 21.2, 24(3), 25(2) and 29

D-Memo

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