Administrative Monetary Penalty System
Contravention C384
Person failed to submit advance information in the prescribed time or prescribed manner to the Agency.
Penalty
| Occurrence | Penalty |
|---|---|
| Flat rate | $0 |
- Penalty basis
- Per instance
- Retention period
- 12 months
Guidelines
This contravention is to be issued during the 6-month grace period following the introduction of new pre-arrival and pre-load submission type requirements. Upon expiry of the informed compliance period, contravention C379 will apply.
Non-compliance occurs when the responsible party fails to transmit the prescribed information in the prescribed time or manner to the Agency.
This penalty is to be issued by the Commercial Program Directorate at Headquarters (HQ), against the party responsible for providing the required data.
The prescribed information shall be sent or provided:
- In accordance with the established timelines, and/or
- Using an approved electronic means as described in the Electronic Commerce Client Requirements Document and set out in the Reporting of Imported Goods Regulations.
Prescribed information must be transmitted in the prescribed timeframe and in the prescribed manner. These two separate obligations must be respected; a contravention against any one of the two obligations will result in the assessment of this penalty. In instances of non-compliance with timeliness and manner requirements two separate C384 penalties may be applied.
Situations where the information is provided upon or after arrival should be considered as if no pre-arrival/pre-load information was provided. In this instance, apply penalty C383.
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 C384:
- A carrier failed to submit an electronic pre-arrival Bay Plan in the marine mode, within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
- A freight forwarder failed to submit an electronic pre-arrival house bill report and/or house bill close message within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
- A freight forwarder failed to submit an electronic pre-arrival supplementary data report for FROB in the air or marine modes, within the prescribed timeframes, regardless of whether or not the information was faxed to the appropriate customs office, within the appropriate timeframes.
Exceptions/exemptions from transmitting pre-arrival information are listed in D-3.
For failure to notify CBSA of any correction refer to contravention C386.
References
Regulation
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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