Administrative Monetary Penalty System (AMPS) (CBSA)
| This article is part of the Customs Glossary Guide |
The Administrative Monetary Penalty System (AMPS) is a sanctions regime managed by the Canada Border Services Agency (CBSA). It allows the CBSA to issue administrative monetary penalties when a trade chain partner fails to comply with designated trade and border legislation and regulations in the commercial stream.
AMPS is intended to deter non-compliance and encourage voluntary compliance. It is generally a civil enforcement tool rather than a criminal prosecution process, although CBSA policy states that other enforcement measures may still be used when circumstances warrant them.
Master Penalty Document
The CBSA's Master Penalty Document lists AMPS contraventions, penalty amounts, penalty bases, legislative references, application guidelines, and other related information. The Master Penalty Document is subject to revision, so users should consult the current CBSA document rather than relying on copied penalty amounts.
Common examples listed in the Master Penalty Document include:
| Code | Example Contravention |
|---|---|
| C005 | Information required in a permit, certificate, licence, document, or declaration for imported or exported goods is incorrect. |
| C021 | A carrier failed to report imported goods to customs at the nearest designated customs office that was open for business. |
| C033 | Goods that had been reported but not released were moved or removed from a CBSA office or sufferance warehouse without CBSA authorization. |
| C378 | Prescribed pre-load or pre-arrival information relating to cargo and/or conveyance was not submitted. |
Notices and Penalty Amounts
AMPS penalties are issued on Form E650, the Notice of Penalty Assessment (NPA). According to CBSA Memorandum D22-1-1, the penalty structure is graduated in most cases, which means repeat instances of the same contravention can result in higher penalty levels. Some contraventions use a flat rate instead.
The maximum penalty amount for a single instance of non-compliance under AMPS is CAD $25,000. A single NPA can exceed that amount if it contains multiple instances.
Review, Correction, and Recourse
If a trade chain partner does not agree with an NPA, CBSA Memorandum D22-1-1 states that they may request a Minister's decision within 90 days from the day the notice was served. Certain contraventions have a different Federal Court appeal route, so the official CBSA memorandum should be consulted for the applicable process.
If an assessment contains an error, a correction may be requested through the issuing office or through the CARM Client Portal. The CBSA may also cancel or reduce a penalty within 90 days of issuance if errors were made in the assessment.
In some cases, a Penalty Reinvestment Agreement (PRA) may allow a trade chain partner to invest the penalty amount into correcting their commercial information systems instead of paying the full penalty, subject to CBSA conditions.