Administrative Monetary Penalty System
C037

Contravention

Person who transported goods within Canada that have been imported but have not been released, failed to ensure that the conveyance or container which had been sealed for customs purposes, remained sealed until authorization from customs to break the seal was received.

Penalty

Occurrence Penalty
1st $1,000
2nd $2,000
3rd and subsequent $4,000
Penalty basis
Per container or conveyance
Retention period
12 months

Guidelines

Non-compliance occurs when a seal number appears on the Cargo Control Document (CCD) but the conveyance or container that was sealed for customs purposes, is not sealed when it reaches the agency's inland release point.

A carrier must ensure that, when the conveyance or container is sealed by the agency for inland movement or when the company applied seal is accepted and notated on CBSA documentation, the conveyance or container remains sealed until the agency's authorization to break the seal is granted at the agency's inland release point.

This penalty does not apply when the agency's seal has been broken and replaced with one issued by a Canadian Police Service, a Provincial or Federal Government Department / Agency in the administration or enforcement of an Act of Parliament or the Criminal Code.

Replacement seal(s) must be intact and the new seal numbers are documented on the cargo control document / manifest.

For a damaged or broken seal as a result of an accident or other unforeseen event, see C039.

References

Legislation

Customs Act, subsection 20(1)

D-Memo

D3-1-1, Policy Respecting the Importation and Transportation of Goods

Other

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