Administrative Monetary Penalty System
C042

Contravention

Person who transports or causes to be transported within Canada goods that have been imported but have not been released failed to afford an officer free access to any premises under his control.

Penalty

Occurrence Penalty
1st $500
2nd $750
3rd and subsequent $1,500
Penalty basis
Per instance
Retention period
12 months

Guidelines

Non-compliance occurs when the person who transported (carrier) or caused to be transported (transporter company) in bond goods fails to permit access to any premise under his control when a request was made by an officer.

Access must be granted to any place that is part of or attached to any place where goods transported in bond are reported, loaded, unloaded or stored.

The officer must first clearly indicate he is requesting access to the premises. This request may be done verbally or in writing upon or prior to arrival at the location for examination of the goods.

Penalty is applied if entry is prevented, refused or there is failure to take the necessary steps to allow access to the officer.

However, a security guard or an employee who refuses to allow the entry to the premises should not be considered as preventing / refusing entry, when he is, within a reasonable time frame, in the process of contacting or obtaining permission or authority from a person in charge of the operation.

Access to property or facilities can only take place at "reasonable times" construed to mean during business hours.

For failure to allow an officer access to a bonded warehouse or duty free shop, see C046.

For failure to allow an officer access to a sufferance warehouse, see C356.

References

Legislation

Customs Act, section 21

D-Memo

N/A

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