Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Makes Changes to Administrative Monetary Penalty Regime

On February 26, 2010, the Canada Border Services Agency released Customs Notice CN-10-002 "Key Changes to the Administrative Monetary Penalty System (AMPS) Regime as a Result if the AMPS Fundamental Review". Please go to the following link - http://www.cbsa.gc.ca/publications/cn-ad/cn10-002-eng.pdf

The changes are:

1. The amounts of the penalties will be changed in April 2010 - Changes to the penalty amounts and structures, including the elimination of most of the percentage of the value for duty penalties, which will be replaced with graduated or flat penalty amounts.

2. The CBSA will institute a policy for a 30-day delay in the escalation of penalty levels from the first to the second for low and medium risk contraventions. If a second Notice of Penalty (NPA) is issued with the same contravention be issued against the same client, the system will not escalate the penalty level for some contraventions to level two unless 30 days have transpired from when the first NPA was issued or the infraction occurred. The non-escalation requirement will apply from the first to second level only. It will not apply from the second to third level and will be automated in the computerized system. The contraventions to which the 30-day non-escalation will apply are: C004, C005, C010, C011, C044, C058, C071, C084 to C151, C192, C207, C208, and C342.

3. In April 2010, the following AMPS will be deleted - contraventions C022, C236, C239, C245, C285, C289, C293, C344, C347, C361, C362 and C367 .

4. In April 2010, two new penalties (C371 and C372) will be created;

5. In October 2010, the AMPS marking contraventions will be collapsed and, thereby, the 68 current contraventions will become one contravention.

6. In October 2010, the CBSA will add Contraventions C008 and C372 to the list of penalties subject to the 30-day non-escalation (see 2 above).

7. In October 2010, the CBSA will delete contraventions C316, C341 and C360 from the automated system.

Other system changes will be made.

If you have any questions about AMPS penalties, please contact Cyndee Todgham Cherniak at 416-307-4168.

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