CBSA to make AMPS changes

OTTAWA, (March 1, 2004) — The Canada Border Services Agency has agreed to make changes to the Administrative Monetary Penalty System following a six-month review of the controversial program.

The Canadian Trucking Alliance has in the past pressed for changes to the way penalties are administered as part of AMPS. Some of the association’s major concerns included:

The fact that large volume carriers are exposed to significantly more penalties, even for simple mistakes — and graduated penalties and a three year “reset” means it’s difficult for carriers to return to the lower penalty levels; penalty levels are too high — fines increase from $400 to $1000 on first offence, climbing to $3000; and individual enforcement officers have been known to single out a carrier/driver for “special treatment.”

CBSA strongly considered CTA’s points, and made a number of recommendations. Some require automated systems changes, while others require changes to policies and legislation. Customs will implement the changes resulting from this review as windows of opportunity become available.

Some of the changes include:

Extend indefinitely, the $1 for $1 penalty reduction available to clients under the Penalty Reduction Agreement program; And reduce the penalty retention period to one year for all penalties that currently attract a three year retention period, except for contraventions that apply exclusively in a compliance verification (audit) environment.

Also, Customs will explore ways to introduce penalties for suppliers and service providers that cause infractions; Establish headquarters response standards and escalation process to ensure timely advice and guidance to the field; And continue to review penalty policies within the AMPS and amend them based on objective evidence of compliance requirements.

Check CTA or CBSA’s websites for a complete list of the recommendations.