Administrative Monetary Penalty System
C381

Contravention

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.

Penalty

Occurrence Penalty
1st $500 Footnote *
2nd $750
3rd and subsequent $1,500
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 submission
Retention period
12 months

Guidelines

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.

References

Regulation

Reporting of Imported Goods Regulations, section 30

D-Memo

Date modified: