Administrative Monetary Penalty System
C317
Contravention
Exporter submitted written summary report for goods that do not qualify for the Summary Reporting Program.
Penalty
| Occurrence | Penalty |
|---|---|
| 1st | $1,000 |
| 2nd | $2,000 |
| 3rd and subsequent | $4,000 |
- Penalty basis
- Per shipment
- Retention period
- 12 months
Guidelines
Non-compliance occurs when the exporter reports exported shipments that do not qualify for summary reporting on a summary declaration. To qualify for summary reporting, the shipment must meet all of the following conditions:
- all goods included in the shipment have been approved by the CBSA in writing prior to the exportation of the goods; in the case of goods subject to export controls, the government department controlling the export of the goods must have also given written permission to the exporter.
- the consignee country to which the goods are intended for export was approved by the CBSA in writing in advance of the exportation of the goods
- the shipment being reported was bulk or homogenous in nature as per the definition in the Reporting of Exported Goods Regulations
The approvals noted above usually take the form of an application to the Summary Reporting Program that is signed by a CBSA officer. These applications are maintained by the CBSA Commercial Registration Unit. Copies can be requested by the e-mailing cbsa.export_program-programme_exportation.asfc@cbsa-asfc.gc.ca.
If goods that were authorized on the original application subsequently become restricted (prohibited, controlled or regulated), it is the exporter’s responsibility to submit an amended application to the CBSA immediately.
Applied against the exporter.
One C317 penalty will apply regardless of the number of commodities that do not qualify for summary reporting.
In a post export verification situation, each shipment found in contravention within the verification period should be assessed a penalty at first level to a maximum amount of $50,000.
For example, in cases where
- ten shipments of goods not qualified for Summary Reporting were exported without prior approval from CBSA, a penalty of $10,000 ($1,000 x 10) would be assessed, or
- 100 shipments of goods not qualified for Summary Reporting were exported without prior approval from CBSA, a penalty of $50,000 ($1,000 x 100 = $100,000) would be assessed.
For summary reports containing untrue, inaccurate and incomplete information, see C005.
For false information provided on a permit, licence or certificate, see C348.