Administrative Monetary Penalty System
C382

Contravention

Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.

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 submits pre-arrival or pre-load information prescribed by the Reporting of Imported Goods Regulations that is not true, accurate and complete as indicated by primary source documents (bill of lading, contract of carriage) at the time of submission.

In some cases, non-compliance may be discovered through examination of goods or review of books and records and in other cases, non-compliance may be discovered through review of transmission alone.

For situations, where the responsible party becomes aware of a change to the information, following submission, a change must be provided to the agency in accordance with the required timeframe (see C381).

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

Applied against the party responsible for providing the required 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 Electronic Commerce Client Requirements Document.

One C382 penalty will be issued per submission regardless of the number of data elements which were not true, accurate, and complete.

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

Examples of non-compliance under C382:

  • A carrier transmits information on a pre-arrival conveyance report that is not true, accurate and complete
  • A carrier transmits information on a pre-arrival cargo report that is not true, accurate and complete
  • A carrier fails to use plain, clear and concise language for commodity descriptions when cargo is not consolidated
  • A carrier transmits information on a pre-arrival Bay Plan that is not true, accurate and complete
  • A freight forwarder transmits information on a pre-arrival house bill and/or house bill close message that is not true, accurate and complete
  • A freight forwarder transmits information on a pre-arrival supplementary report that is not true, accurate and complete

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

References

Legislation

Customs Act, section 7.1

D-Memo

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