Administrative Monetary Penalty System
C385
Contravention
Person failed to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.
Penalty
Occurrence | Penalty |
---|---|
Flat rate | $0 |
- Penalty basis
- Per instance
- Retention period
- 12 months
Guidelines
This contravention is to be issued during the 6-month grace period following the introduction of new pre-arrival and pre-load submission type requirements. Upon expiry of the informed compliance period, penalty C380 will apply.
Non-compliance occurs when the responsible party fails to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.
This penalty to be issued by Carrier, Postal and Courier Compliance (CPCC), Commercial Program Directorate at Headquarters (HQ), against the party responsible for complying with CBSA notification.
One C385 penalty will be issued per infraction.
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 C385:
- A carrier proceeded to load cargo on a conveyance bound for Canada despite receiving an electronic notice to the contrary.
- A freight forwarder failed to provide or clarify information as specified in an electronic notice.
References
Legislation
Customs Act, subsection 12.1(7)
D-Memo
- 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