Administrative Monetary Penalty System
Contravention C385

Person failed to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.

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 C380 will apply.

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 is to be issued by the Commercial Program Directorate at Headquarters (HQ), against the party responsible for complying with CBSA notification.

One C385 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 C385:

• A carrier proceeded to load cargo on a conveyance bound for Canada despite receiving an electronic notice to the contrary.
• 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