CBSA has published Customs Notice CN19-05 to advise of the increase to penalty amounts to 22 AMPS contraventions related to commercial trade. The penalty amount will be increased effective of April 1, 2019. The penalty levels are in line with other non-trade commercial penalties. These increases affect non-compliant importers only.
As of April 1st, 2019, the following Contraventions will be amended to increase penalty amounts.
C004, C080, C081, C082, C083, C152, C157, C168, C169, C214, C215, C216, C217, C218, C223, C224, C298, C336, C350, C351, C352 and C353.
The CBSA is not increasing system generated penalties related to the timing for accounting for imported goods. These penalties are C288 (failure to account for imported goods within 5 business days of their release where estimated value is greater than $2,500), and C292 (failure to account for imported goods no later than the 24th day of the month following the month of their release where estimated value does not exceed $2,500).
To ease the transition to the new penalty structure, the CBSA will reset the penalty level to the first level for the contraventions mentioned above that occur on or after April 1, 2019. This is to avoid unanticipated impacts on industry that could occur by issuing second and third level penalties at higher levels than previously indicated
The maximum Administrative Monetary Penalty of $25,000 remains unchanged.
Table 1 – Changes to Select Administrative and Monetary Penalty Levels
|Contravention Code||Penalty Level||Current Penalty Amount||Amount
as of April 1, 2019
|C004, C152, C168, C169, C223, C224||1st||$150||$500|
|3rd and subsequent||$450||$1,500|
|C080, C081, C082, C083, C350, C351, C352, C353||1st||$150 to a maximum of $5,000 (per issue) or $25,000 (per occurrence)||$500 to a maximum of $5,000 (per issue) or $25,000 (per occurrence)|
|2nd||$225 to a maximum of $200,000 (per occurrence)||$750 to a maximum of $200,000 (per occurrence)|
|3rd and subsequent||$450 to a maximum of $400,000 (per occurrence)||$1,500 to a maximum of $400,000 (per occurrence)|
|C157, C214, C215, C216, C217, C218, C298||1st||$300||$600|
|3rd and subsequent||$900||$2,400|
|C336||Flat Rate||$100 per instance||$200 per instance|
View Customs Notice CN 19-05.
View the AMPS Master Penalty Document that provides a full list of the contraventions. For each contravention, the description of the failure to comply, associated references and guidelines is provided for the application of the contravention. The contraventions’ guidelines will be updated to reflect the new penalty amounts.