Administrative Monetary Penalty System
C375

Guidelines

Non-compliance occurs when a carrier operating a conveyance that is transporting specified goods in air, marine and rail modes, fails to transmit a Conveyance Arrival Certification Message (CACM).

Note: When a carrier operating a conveyance that is not transporting specified goods (no cargo onboard) transmits an electronic ACI conveyance report but does not transmit a CACM, no penalty(ies) will be assessed.

Applied against the carrier by the Transporter Compliance Unit, Commercial Program Directorate at Headquarters, against the carrier responsible for providing the CACM.

The CACM shall be sent to the CBSA using an Electronic Data Interchange (EDI) method at first point of arrival (FPOA) in accordance with the timelines, technical requirements, specifications and procedures for electronic means as set out in the Reporting of Imported Goods Regulations and the applicable Electronic Commerce Client Requirements Document (ECCRD).

Conveyances exempt from transmitting ACI data to the CBSA are also exempt from transmitting the CACM. Exempt conveyances must be reported to the CBSA at the FPOA, under section 12(1) of the Customs Act, in the same manner as they are today.

Exceptions/exemptions from transmitting pre-arrival information are listed in D-3.

It is important to understand that the transmission of ACI data does not constitute report. The carrier must report the conveyance on arrival in the prescribed manner.

For failure to transmit Advance Commercial Information, refer to C378.

If a carrier fails to report imported goods, refer to C021.

References

Legislation

Customs Act, subsections 12(1) and (2)

D-Memo

• D3-2-1, Air 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

Other

Reporting of Imported Goods Regulations, section 4