On May 6, 2015, regulatory amendments supporting the Canada Border Services Agency’s (CBSA) eManifest initiative were published in the Canada Gazette, Part II. This final step in the Government of Canada’s regulatory process makes the eManifest requirements for highway carriers, rail carriers and freight forwarders, as set out in the regulations, legally binding.
The CBSA website has been updated with the following implementation timelines:
Highway carriers
eManifest requirements for highway carriers are now mandatory and the following implementation timelines apply:
- From May 6, 2015, to July 10, 2015, the CBSA will provide carriers with a period of transition during which penalties for non-compliance will not be issued. The Agency will work closely with carriers on corrective measures to help them comply with eManifest requirements.
- From July 10, 2015, to January 10, 2016, carriers who do not comply with eManifest requirements 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 with eManifest requirements may be issued monetary AMPS penalties.
Rail carriers
eManifest requirements for rail carriers are now mandatory and the following implementation timelines apply to eManifest pre-arrival cargo and conveyance data requirements:
- From May 6, 2015, to July 10, 2015, the CBSA will provide carriers with a period of transition during which penalties for non-compliance will not be issued. The Agency will work closely with carriers on corrective measures to help them comply with eManifest requirements.
- From July 10, 2015, to January 10, 2016, carriers who do not comply with eManifest requirements 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 with eManifest requirements may be issued monetary AMPS penalties.
These timelines do not apply to the eManifest requirement for rail carriers to transmit a Conveyance Arrival Certification Message (CACM). The following timelines apply to the CACM requirement:
- From May 6, 2015, to July 10, 2015, the CBSA will provide carriers with a period of transition during which penalties for non-compliance will not be issued. The Agency will work closely with carriers on corrective measures to help them comply with eManifest requirements.
- Beginning July 10, 2015, carriers who do not comply with the CACM requirement may be issued monetary AMPS penalties.
Freight forwarders
Insofar as freight forwarder requirements are concerned, a voluntary compliance period remains in effect. The CBSA will communicate the implementation timeline for freight forwarders, once confirmed, and in advance of the mandatory compliance date.
Some of the regulatory amendments published in the Canada Gazette, Part II, also affect clients outside the scope of eManifest. Specifically, the following implementation timelines apply with respect to those regulatory amendments:
AMPS for ACI requirements for marine and air carriers
- From May 6, 2015, to July 10, 2015, marine and 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 and air carriers who do not comply with ACI requirements may be issued zero-rated (non-monetary) AMPS penalties.
- Beginning January 10, 2016, marine and air carriers who do not comply with ACI requirements may be issued monetary AMPS penalties.
Conveyance Arrival Certification Message (CACM) requirements for marine and air carriers
(Please note: non-compliance with these requirements will be addressed by the Administrative Monetary Penalty System (AMPS) in place today; the 6-month zero-rated AMPS period only applies to the five new ACI AMPS penalties.)
- Beginning May 6, 2015, marine and air carriers who do not comply with CACM requirements may be issued monetary AMPS penalties.
Warehouse Arrival Certification Message (WACM) for warehouse operators
(Please note: non-compliance with these requirements will be addressed by the Administrative Monetary Penalty System (AMPS) in place today; the 6-month zero-rated AMPS period only applies to the five new ACI AMPS penalties.)
- From May 6, 2015, to July 10, 2015, the CBSA will provide warehouse operators with a period of transition during which penalties for non-compliance will not be issued. The Agency will work closely with warehouse operators on corrective measures to help them comply with the WACM requirement.
- Beginning July 10, 2015, warehouse operators who do not comply with the WACM requirement may be issued monetary AMPS penalties.
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 AMPS penalties.