Administrative changes relate to the specific “reason to believe” criterion that resulted in the application of an Administrative Monetary Penalty (AMP).
The following changes have now been reflected in the revised Master Penalty Document (MPD), a copy of which can be found on the CBSA website:
(a) In instances where the contravention relates to “reason to believe” criterion (a), a first level penalty of $150.00 will be assessed on a per issue basis (i.e., by type of error), to a maximum of $5,000.
(b) In instances where the contravention relates to “reason to believe” criteria (b) through (g), a first level penalty of $150.00 will be assessed on a per occurrence basis (i.e., in each instance where an error was made), to a maximum of $25,000.
(c) The terms “per issue” and “per occurrence” are specifically defined within the revised MPD.
(d) Any penalties issued in respect of the same trade program (i.e., C080/C350, C081/C351, C082/C352, or C083/C353) will not exceed the maximum penalty amount for each specific level, including all penalties that are issued as a result of an audit, examination, verification or subsequent monitoring activity.
The second and third level penalties remain unchanged.
The penalty guidelines in the MPD have been revised to provide specific examples of the types of infractions that are subject to the assessment of these penalties.
Customs Notice 13-011 – Changes to the Administration of the Trade-related Administrative Monetary Penalties can be found at http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn13-011-eng.html