CBSA Personal AMPs for Cannabis Contraventions

(Memorandum D22-2-1 – Law Meets Border Reality)

1. Statement of Facts

As per CBSA Memorandum:

• “This memorandum describes the CBSA’s Personal Administrative Monetary Penalty (AMP) Regime for contraventions of the Customs Act involving cannabis offences at the border…”
• “AMPs are issued for:
  • Section 7.1 – providing information that is not true, accurate and complete
  • Section 12(1) – failing to report imported goods…”
• “AMPs are designed to be a remedial measure rather than punitive.”
• “AMPs do not result in a criminal record or imprisonment.”
• “Maximum penalty under this regime is CAN $2,000 per contravention.”

2. Administrative Policy (CBSA Approach)

CBSA का objective punishment नहीं है — compliance creation है.

CBSA philosophy:

• First level: Warning / Compliance encouragement
• Second level: AMP (financial penalty)
• Third level: Seizure / Prosecution (serious cases)

AMPs act as a middle enforcement tool designed to correct behaviour, not punish excessively.

CBSA follows principles of proportionality and fairness.

3. Pith (Essence of Law)

Pith refers to the core purpose of the law.

In this context:

“To ensure truthful declaration and reporting of cannabis-related goods at the border through monetary deterrence.”

The law focuses on:

• Truthfulness
• Reporting obligation
• Border transparency

4. Substance (Operational Reality)

Substance reflects real-world application.

In practice:

• Traveller forgets to declare cannabis
• Traveller provides incorrect information
• Traveller conceals cannabis products

CBSA officer detects the violation and issues an AMP.

Substance is:

What actually occurred at the border and whether legal obligations were breached.

5. Evidence Required (Legal Standard)

To impose an AMP, CBSA relies on:

• Physical discovery of cannabis
• Traveller declaration records
• Statements made at the border
• Inspection findings

Legal test:

• Was the information false?
• Was the reporting obligation violated?

6. Penalty Structure

CBSA classifies penalties into three levels:

Applies to:

• False information (T001)
• Non-reporting (T002)

7. Key Legal Principles

Single Incident Rule

Only one AMP is issued per incident, even if multiple violations exist.

No Criminal Record

AMP is not a criminal offence.
It is a civil penalty.

AMP and Seizure

Both can occur together.
AMP does not prevent prosecution.

Retention Period

Penalty records remain for:

6 years plus the current year.

8. Payment and Legal Consequences

• Payment is due immediately upon issuance of the Notice of Penalty Assessment (NPA)
• If unpaid within 30 days, interest applies
• The amount becomes a debt to the Government of Canada

Recovery may be pursued through the Canada Revenue Agency (CRA).

9. Legal Remedies

Correction Request

• Must be filed within 90 days
• Applicable for clerical or factual errors

Redress (Appeal)

• Must be filed within 90 days
• Under Section 129 of the Customs Act

Ministerial Review

• Conducted by CBSA Recourse Directorate
• Decision may confirm, cancel, or reduce the penalty

10. Practical Scenario

Traveller Example

Mr. A arrives in Canada carrying cannabis oil but:

• Does not declare it
• Provides incomplete information

CBSA officer detects the violation during inspection.

Result

• AMP issued (e.g., Level 2 = $440)
• Possible seizure
• Record maintained for 6 years

11. Traveller Mind vs Legal Reality

Common Misconceptions

• “Small quantity hai, declare karne ki need nahi”
• “Personal use hai, allowed hoga”

Legal Reality

• Declaration is mandatory
• Truthfulness is non-negotiable

CBSA operates on:

“We trust you first, then we verify.”

12. Key Conclusion Lines

• AMP is a civil penalty, not criminal punishment
• Aim is to ensure future compliance
• Maximum penalty: $2,000 per contravention
• Only one AMP per incident
• Payment required within 30 days
• Appeal window: 90 days
• Record retained for 6 years plus current year

13. Core Legal Insight

This memorandum reflects a balance between enforcement and fairness.

• Not every violation requires prosecution
• Every violation must trigger compliance

Therefore:

AMP is a controlled enforcement mechanism.

14. Disclaimer

This blog is prepared for educational and knowledge purposes based on CBSA Memorandum D22-2-1.

It reflects a legal understanding of policy and practice.

We are students of law and not masters.
If you find any error or require clarification, kindly reach out.

For more practical insights, visit:
dpaulslogistics.com