Administrative Monetary Penalty System
Person failed to notify the Agency within prescribed timeframes and without delay of any correction to any pre-arrival or pre-load information sent to the CBSA.
|1st||$500 Footnote *|
|3rd and subsequent||$1,500|
- Penalty basis
- Per submission
- Retention period
- 12 months
Non-compliance occurs when the responsible party fails to correct advance commercial information that was true, accurate, or complete at the time of initial submission but was subsequently changed.
This penalty is to be issued by Carrier, Postal and Courier Compliance (CPCC), Commercial Program Directorate at Headquarters (HQ), against the party responsible for notifying of any correction to ACI data.
The prescribed information shall be sent 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.
One C381 penalty will be issued per pre-load/pre-arrival submission regardless of the number of data elements not corrected. The same penalty level will be assessed for all infractions discovered during the same examination or monitoring period.
In instances where an officer finds a responsible party in contravention, the officer must forward this information to HQ. HQ will assess penalties related to this contravention.
Examples of non-compliance under C381:
- A carrier failed to correct conveyance routing information upon being made aware of an itinerary change which occurred after having submitted pre-arrival conveyance information.
- A freight forwarder failed to immediately notify the Agency of a change in the consignee data element while the goods were en-route to Canada.
- A carrier failed to notify the Agency of a change to the ETA/EDTA within the required timeframe.
- A vessel operating carrier failed to immediately notify the Agency of a change to the Bay Plan while the goods were en-route to Canada.
Reporting of Imported Goods Regulations, section 30
- D3-1-1, Policy Respecting the Importation and Transportation of Goods
- D3-2-1, Air Pre-arrival and Reporting Requirements
- D3-3-1, Freight Forwarder Pre-Arrival and Reporting Requirements
- D3-4-2, Highway Pre-arrival and Reporting Requirements
- D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements
- D3-6-6, Rail Pre-arrival and Reporting Requirements
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