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05/11/2015

Canada’s eManifest Regulations Take Effect

According to an official notice from the Canada Border Services Agency (CBSA), the regulatory amendments supporting the agency’s eManifest initiative were published in the Canada Gazette, Part II on May 6, 2015. As a result, the new eManifest requirements for highway carriers, rail carriers and freight forwarders are now considered “legally binding.” 

 

Below, please find a breakdown of the various implementation timelines:

 

For Highway & Rail Carriers:

• From May 6, 2015, to July 10, 2015, penalties for non-compliance will not be issued; CBSA will work closely with carriers on corrective measures to help them comply.

• From July 10, 2015, to January 10, 2016, carriers who do not comply may be issued zero-rated penalties (non-monetary) under the CBSA’s Administrative Monetary Penalty System (AMPS).

• Beginning January 10, 2016, carriers who do not comply may be issued monetary penalties via AMPS.

 

For Rail Carrier transmission of a Conveyance Arrival Certification Message (CACM):

• From May 6, 2015, to July 10, 2015, penalties for non-compliance will not be issued; CBSA will work closely with carriers on corrective measures to help them comply.

• Beginning July 10, 2015, carriers who do not comply may be issued monetary penalties via AMPS.

 

Freight forwarders

• A voluntary compliance period remains in effect; CBSA will communicate the implementation timeline for freight forwarders, once confirmed & in advance of the mandatory compliance date.

 

AMPS for ACI requirements for marine and air carriers

• From May 6, 2015, to July 10, 2015, marine & air carriers who do not comply with ACI requirements will not be issued any penalties under the CBSA’s Administrative Monetary Penalty System (AMPS).

• From July 10, 2015, to January 10, 2016, marine & air carriers who do not comply may be issued zero-rated (non-monetary) AMPS penalties.

• Beginning January 10, 2016, marine & air carriers who do not comply may be issued monetary penalties via AMPS.


Conveyance Arrival Certification Message (CACM) requirements for marine and air carriers

• Beginning May 6, 2015, marine & air carriers who do not comply with CACM requirements may be issued monetary AMPS penalties.

• A 6-month zero-rated AMPS period only applies to the five new ACI AMPS penalties.

 

Warehouse Arrival Certification Message (WACM) for warehouse operators

• From May 6, 2015, to July 10, 2015, penalties for non-compliance will not be issued; CBSA will work closely with warehouse operators on corrective measures to help them comply.

• Beginning July 10, 2015, warehouse operators who do not comply with the WACM requirement may be issued monetary penalties via AMPS.

 

Bay Plan requirements for marine carriers

• From November 6, 2015 to May 6, 2016, marine carriers who do not comply with Bay Plan requirements may be issued zero-rated penalties (non-monetary) under the CBSA’s Administrative Monetary Penalty System (AMPS).

• Beginning May 6, 2016, marine carriers who do not comply with Bay Plan requirements may be issued monetary penalties via AMPS.

For more information, please visit: http://www.cbsa-asfc.gc.ca/prog/manif/menu-eng.html 

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