In 2006, the BCCC created a sub-committee to undertake a fundamental review of the CBSA Administrative Monetary Penalty System (AMPS). The purpose of the review was to make amendments to AMPS to ensure it was fair, consistent, and transparent, and was easy to administer. Streamlining the penalty regime and reducing the number of contraventions was also part of the sub-committee’s mandate.
Some of the changes to AMPS will be implemented on April 14th of this year. These changes include:
- a new penalty amount structure, based on risk;
- new penalty amounts; and
- a 30-day delay in the escalation of certain penalty levels.
The collapsing and renumbering of penalties will take place at a later date.
Available at this time is a Customs Notice highlighting the phases of implementation ; a short document listing all current and revised penalty amounts ; a summary of the 30-day escalation of certain penalty levels ; and the penalty grid .
A few contraventions have penalty amounts that are outside the grid as penalty escalation was not considered suitable, for example, failure to keep any records at all which attracts a flat penalty amount. Note that most of the percentage of value for duty penalty amounts have been eliminated, as well as penalty amounts based on the value for duty less than $1,600. Consequently, this led to the elimination of a number of contraventions.
Members should note in particular changes to the following two penalties: 1) late accounting and 2) failing to provide a certificate, licence, permit or information that is required before interim or final accounting, and before the goods are released (C071).
The penalty for 1) late accounting has increased from $25.00 to $100.00 and 2) the penalty under C071 has increased from $100 t o $500 for the first infraction.
To improve access to the corrections process, regions have been advised to include the issuing office fax number on the Notices of Penalty Assessment for a faster application process.
The CSCB Board of Directors has managed our participation in the AMPS review, and continue their work on this issue.
Members will be provided with additional information, as soon as it becomes available.
Comments can be directed to the CSCB at email@example.com.