Administrative Monetary Penalty System
Contravention C380
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 |
|---|---|
| 1st | $2,000 |
| 2nd | $4,000 |
| 3rd and subsequent | $8,000 |
- Penalty basis
- Per instance
- Retention period
- 12 months
Guidelines
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 the Carrier, Postal and Courier Compliance (CPCC), Commercial Program Directorate at Headquarters (HQ), against the party responsible for complying with CBSA notification.
One C380 penalty will be issued per infraction.
In cases where an officer finds a responsible party in contravention, the officer must forward this information to HQ though the Notice of Non-Compliance (NoNC) form.
Penalties associated with this violation will be assessed by HQ.
Examples of non-compliance under C380:
- A carrier proceeded to load cargo on a conveyance bound for Canada despite receiving an electronic notice to the contrary.
- A carrier failed to provide or clarify information as specified in an electronic notice.
- 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
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