On May 6, 2015, regulatory amendments supporting ACI/eManifest requirements were published in the Canada Gazette, Part II. Carriers in all modes of transportation are now required to transmit cargo and conveyance data electronically to the Canada Border Services Agency (CBSA) prior to arrival. These regulations provide the CBSA with the authority to issue penalties for identified non-compliance. Zero-rated penalties were issued between July 10, 2015 and January 10, 2016.
On January 11, 2016, monetary penalties came into force for ACI contraventions ranging from $250 to $8,000. The CBSA recognized the potential impact to clients and, therefore, mitigated penalty levels to just Level 1 regardless of repeated non-compliance. This was done in an effort to provide additional time for carriers to make appropriate changes to their processes and training requirements. As this approach has been in effect for over eight months, the CBSA is now moving forward with graduated ACI penalties.
Carriers are reminded that they are required to transmit both cargo and conveyance data electronically to the CBSA prior to arrival. Failure to do so may result in penalties assessed on each non-compliant element.
Effective November 1, 2016:
- Carriers who have never received a penalty will receive a penalty at level 1 if non-compliant.
- Carriers who have received a penalty at level 1 will receive a penalty at level 2 for repeated non-compliance.
Effective December 1, 2016:
- Carriers who have not received a penalty will receive a penalty at level 1 if non-compliant.
- Carriers who have received a penalty at level 1 will receive a penalty at level 2 for repeated non-compliance.
- Carriers who have received a penalty at level 2 will receive a penalty at level 3 for continued non-compliance.
The CBSA would also like to remind carriers that, with the implementation of eManifest, transmission of highway pre-arrival cargo and conveyance data is in addition to the release requirements. If carriers are seeking the release of their goods at the first point of arrival (FPOA), they must contact the importer/broker prior to arriving at the FPOA to ensure the release request is submitted and accepted in the CBSA system. Having ACI /eManifest data on file as per the requirements, as well as the release request on file, will help ensure a faster, more efficient border crossing.
Additional information:
- eManifest pages on the CBSA website
- D3-4-2 Highway Pre-arrival and Reporting Requirements
- D3-2-1 Air 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
- D17-1-4 Release of Commercial Goods
- D22-1-1 Administrative Monetary Penalty System
- Administrative Monetary Penalties Master Penalty Document
Questions or concerns related to commercial ACI compliance activities can be directed to the Transporter Compliance Unit, [email protected].
To request technical support on the transmission of information or the eManifest Portal, or to request an Electronic Commerce Client Requirements Document (ECCRD), please contact the Technical Commercial Client Unit (TCCU), at [email protected] or 1-888-957-7224 (press option 1 for EDI or option 2 for Portal).