Memorandum D3-5-1 - Marine Pre-load/Pre-arrival and Reporting Requirements

October 21, 2024: Page content under review

The CBSA Assessment and Revenue Management system (CARM) is now the official system of record for importers and other trade chain partners. If you have questions about the content on this page due to the transition to CARM, contact the issuing office.

ISSN 2369-2391

Ottawa, January 20, 2023

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In Brief

This memorandum has been revised to:

• (a) Reflect updates and additions to the Definitions section.
• (b) Update information on liability, conveyance arrival certification message (CACM), exemptions from cargo data – only conveyance data required, in-transit shipments, consortium and co-load agreement (carrier codes), overages, shortages, Canadian military vessels, ferries, delivery requirements and transfers to sufferance warehouses, international waste, and wood packing material.
• (c) Remove information on transmitting accurate data, found astray (misrouted goods), non-resident importer, transmitting ‘to order’ shipments, moving company, personal effects, ETA – entered to arrive and value included shipments, and overland movement.
• (d) Add information on sub-location codes, A6 reporting requirements for vessel at anchor, Canadian goods returned, non-emergency repairs, foreign government vessels, unique shipment processes and Canada-European Union Comprehensive Economic and Trade Agreement (CETA).

This memorandum outlines and explains specific Canada Border Services Agency’s (CBSA) procedures for the advance notification, reporting, use and control of vessels in international commercial services.

For information on the Customs Self-Assessment (CSA) Program policies, guidelines and procedures, refer to Memorandum D23-2-1, Customs Self-Assessment Program for Carriers.

For information on freight forwarder reporting processes, refer to Memorandum D3-3-1, Freight Forwarder Pre-arrival and Reporting Requirements.

For information on coasting trade license, refer to Memorandum D3-5-7, Temporary Importation of Vessels.

For information about the reporting and transportation of goods being exported from Canada refer to Memorandum D3-1-8, Cargo – Export Movements.

For information on the release of commercial goods, refer to Memorandum D17-1-4, Release of Commercial Goods.

Other Government Departments (OGD) requirements can be found throughout the D19 Memoranda series.

Guidelines and General Information

Definitions

1. The following definitions apply to this memorandum:

Administrative Monetary Penalty System (AMPS) (Régime de sanctions administratives pécuniaires (RSAP))

A system whereby the Canada Border Services Agency (CBSA) issues monetary penalties to commercial clients for violating the CBSA’s trade and border legislation. The purpose of AMPS is to provide the Agency with a means to deter non-compliance by its clients and to ensure a consistent application of legislation and border regulation.

Advanced Commercial Information (ACI) (Information préalable sur les expéditions commerciales (IPEC))

A set of prescribed electronically transmitted pre-arrival cargo and conveyance data elements sent to the CBSA within prescribed timeframes, for the purpose of facilitating the process of commercial goods and risk assessing threats to health, safety and security prior to the arrival of the shipment in Canada.

Ancillary Equipment (Équipement auxiliaire)

Any equipment which enhances the safety, security, containment and preservation of goods carried in vehicles falling within the terms of tariff item 9801.10.10. Ancillary equipment can be imported pursuant to tariff item 9801.10.20 without documentation in accordance with the Reporting of Imported Goods Regulations, when it is used in international service.

Break-bulk goods (Marchandises diverses)

Specified goods other than

• (a) Goods within cargo containers,
• (b) Bulk goods, or
• (c) Empty cargo containers.

Break-bulk goods also includes goods such as oil and gas equipment, construction equipment and automobiles. See Appendix B for additional information.

Bulk goods (Marchandises en vrac)

Goods that are transported in large quantities without packaging or packing. This may include a carrier ship's hold, railcar, tanker, or trailer, etc.

Cargo (Fret)

A term used to describe a collection of goods or shipment. It consists of a grouping of related goods. The cargo is detailed on a bill of lading, waybill, the manifest and/or a cargo control document.

Cargo Carrier (Transporteur de fret)

Is the carrier that causes goods to be transported into Canada by the Conveyance Operating Carrier.

Cargo Control Document (CCD) (Document de contrôle de fret (DCF))

A manifest or other control document that acts as the record of a shipment entering or exiting Canada, or moving within Canada e.g. A6A, Freight/Cargo Manifest (outward).

Cargo Control Number (CCN) (Numéro de contrôle du fret (NCF))

The cargo control number is a number assigned to a transport document. It uniquely identifies cargo detailed on a cargo submission. The cargo control number consists of the carrier code followed by a unique reference number assigned by the carrier/representative and cannot contain spaces. 1st 4 characters = CBSA approved carrier code.

Cargo Transmission (Transmission sur le fret)

A cargo transmission is the package of cargo data that is transmitted. It is comprised of a CCN for each shipment on the conveyance along with the corresponding cargo data, and the CRN corresponding to the conveyance the cargo is being transported on.

Carrier (Transporteur)

A carrier is a person involved in an international commercial transportation who reports cargo to the CBSA and/or operates a conveyance to transport specified goods to or from Canada.

Carrier Code (Code de transporteur)

As stated in the Customs Act, means the unique identification number issued by the Minister either under subsection 12.1(4) or before the coming into force of that subsection. It is a unique identifier of carriers for CBSA purposes.

Clearance (Dédouanement)

Is the official customs permission for the vessel to enter/leave and sail.

Client (Client)

Anyone who:

• (a) Sends to the CBSA a collection of information; or
• (b) Receives notices from the CBSA.

Commercial Goods (Marchandises commerciales)

Goods that are or will be imported for sale or for any industrial, occupational, commercial, institutional or other similar use.

Consignee (Destinataire)

The definition of consignee is to be understood as follows given the applicable context:

• (a) The consignee definition to be used by carriers when transmitting electronic pre-load/pre-arrival data: the name and address of the party to which the cargo/goods are being shipped as shown on carrier’s contract of carriage (For example: bill of lading, air waybill, or other shipping document).
• (b) The consignee definition used with respect to freight forwarders who are providing the CBSA with detailed information pertaining to a consolidated shipment will be: the name and address of the party to which the cargo/goods are being shipped as shown on carrier’s contract of carriage (For example: bill of lading, air waybill, or other shipping document).
• (c) The consignee definition used with respect to freight forwarders who are providing the CBSA with detailed information pertaining to a deconsolidated shipment will be: the name and address of the party to which the goods are being shipped as shown on the commercial sales contract (For example: commercial invoice, bill of sale, or other sales contract).

Note: The freight forwarder is limited to the information they have on hand at the time of the transmission. The consignee may change more than one time throughout a voyage to Canada. The freight forwarder will provide updates to the transmission as they receive updated information.

Example: For business or legal reasons goods are consigned to a bank (foreign or Canadian domestic) or “to order” of a bank. In this case, the consignee field of the house bill transmitted by the freight forwarder will reflect the party to whom the goods are legally consigned at the time of transmission (the bank). If the goods are sold while on route, and/or if the bank chooses to endorse the goods to a third party (as per the “to order”) or if the consignee information otherwise changes; the freight forwarder will submit an electronic update to the house bill data as soon as they become aware of the change, updating the consignee field.

Consolidation (Groupement)

A number of separate shipments grouped together by a consolidator or freight forwarder and shipped to an agent or a freight forwarder as one shipment under one bill of lading and reported to the CBSA on one cargo control document (CCD). A single shipment with the involvement of a freight forwarder AKA a “BACK to BACK” is considered a consolidation.

Consortium (Consortium)

A group of carriers formed to undertake a partnership beyond the resources of any one member.

Conveyance (Moyen de transport)

Any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods.

Conveyance Arrival Certification Message (CACM) (Message d’attestation de l’arrivée du moyen de transport (MAAMT))

An electronic notification that carriers transporting specified goods must transmit to the CBSA at their First Port of Arrival (FPOA) using Electronic Data Interchange (EDI).

Conveyance Operating Carrier (COC) (Transporteur exploitant le moyen de transport (TEMT))

The carrier company operating the conveyance transporting goods to Canada. This is true whether the carrier company owns the conveyance outright, leases the conveyance, or whether any type of security interest is registered on the conveyance.

Conveyance Reference Number (CRN) (Numéro de référence du moyen de transport (NRMT))

A unique reference number given by the Conveyance Operating Carrier (COC) to the CBSA to a certain journey or departure of a means of transport.

Conveyance Report (Déclaration du moyen de transport)

A document used to report the movement of a conveyance to a place inside/outside of Canada, e.g. A6, General Declaration.

Conveyance Transmission (Transmission sur le moyen de transport)

The package of conveyance data that is transmitted. It is comprised of the conveyance reference number (CRN) along with the corresponding conveyance data, as well as a cargo control number for each shipment on the conveyance.

Customs Self-Assessment (CSA) (Programme d’autocotisation des douanes (PAD))

A Program designed to simplify import border requirements for low-risk, pre-approved importers, carriers and registered drivers.

Electronic Commerce Client Requirements Document (ECCRD) (Document sur les exigences à l’égard des clients du commerce électronique (DECCE))

A document that provides comprehensive information about business and system requirements of various electronic transactions for multiple import and export programs.

Electronic Data Interchange (EDI) (Échange de données informatisées (EDI))

A method to electronically transmit import or export data and accounting documents to the CBSA.

eManifest (Manifeste électronique)

A commercial function in which all carriers and freight forwarders transmit Advance Commercial Information (ACI) about their shipments electronically to the CBSA.

Estimated Date and Time of Arrival (EDTA) (Marine) (Date et heure d’arrivée prévue (DHAP) (Mode maritime))

Generally used in the context of ‘pre-arrival’ for the purpose of knowing the approximate time that a vessel will arrive at a dock in Canada.

Ferries (Traversiers)

Vessels, scows, barges, and similar craft whether self-propelled or towed, used solely or principally for the transportation of vehicles and passengers across international waters.

First Port of Arrival (FPOA) (Premier port d’arrivée (PPA))

The first Canadian port that a vessel stops for any reason including but not limited to the loading and/or discharging of cargo, anchoring, bunkering, safety inspections, crew changes, diversions, etc.

Freight Forwarder (Agent d’expédition)

A person who, on behalf of one or more owners, importers, shippers or consignees of goods, causes specified goods to be transported by one or more carriers.

Freight Remaining on Board (FROB) (Fret restant à bord (FRAB))

Cargo on a conveyance that is not being discharged at a Canadian seaport, but remains on board the vessel for furtherance to its ultimate destination outside of Canada.

Hand-Carried Goods (Marchandises comprises dans les bagages personnels)

Goods that will be released after they have been accounted for and all duties with respect to them have been paid under subsection 32(1) of the Customs Act if:

• (a) The goods are or will be in the actual possession of a person arriving in Canada; or
• (b) The goods form or will form part of a person’s baggage and the person and the baggage arrive or will arrive in Canada on board the same conveyance.

House Bill (Connaissement interne)

A cargo control document submitted by a freight forwarder for shipments that have, or will be, deconsolidated from another cargo control document (CCD).

In-transit (Marine) (En transit (Mode maritime))

The movement of foreign goods through Canadian territory from a point outside of Canada to another foreign point. This includes transshipment of goods arriving by ship in Canada and transferring to another ship departing Canada.

Inward Documentation (Document d’entrée)

The formal inward or entry report that verifies all the primary CBSA and Other Government Department (OGD) requirements have been completed. The A6, General Declaration or the Electronic Data Interchange (EDI) A6 Conveyance Reports are part of the required “documents” to be reviewed during the formal entry. If there is cargo on board the vessel, The A6A, Freight/Cargo Manifest declarations or the EDI A6A Prime Cargo Reports will also be required.

Other Government Departments (OGD) (Autres ministères (AM))

Federal Departments or Agencies such as: Canadian Food Inspection Agency (CFIA) or Department of Global Affairs Canada (GAC).

Overage (Marchandises excédentaires)

Any excess in the number of pieces transmitted in the same shipment and found by the carrier or freight forwarder post arrival.

Port of Report (Bureau de déclaration)

The port where marine cargo physically arrives in Canada at the First Port Of Arrival (FPOA), where the conveyance, specified goods, and/or persons are expected to arrive in Canada.

Pre-arrival (Préalable à l’arrivée)

Prior to a conveyance or cargo arriving in Canada.

Pre-load (Marine) (Pré-charge (Mode Maritime))

Prior to a conveyance being loaded with cargo destined for Canada. Data pertaining to the importation of goods that are to be sent to the CBSA in advance of the goods being laden on the conveyance. Applies to the marine mode only and means prior to loading the cargo at a foreign port.

Record (Registre)

Any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device.

Release Notification System (RNS) (Système de transmission des avis de mainlevée (STAM))

A system message sent to the client regarding the status of cargo.

Re-manifest (Nouveau manifeste)

A new cargo control document (CCD), with a new cargo control number (CCN), which is presented to change a CCD that had previously been submitted to the CBSA. Re-manifests are generally presented to change the destination office or carrier code.

Shipment (Expédition)

• (a) A shipment for which a carrier is responsible is one that consists of:
  
  • (i) a specified good or collection of specified goods that is listed in a single bill of lading, waybill or other similar document that is issued by the carrier and that relates to the carriage of those goods, or
  • (ii) a specified good that is an empty cargo container that is not for sale that is transported by the carrier but that is not listed in a bill of lading, waybill or other similar document; and
• (b) A shipment for which a freight forwarder is responsible is one that consists of a specified good or collection of specified goods that is listed in a single bill of lading, waybill or other similar document that is issued by the freight forwarder and that relates to the carriage of those goods.

Shipper/Consignor (Expéditeur/Consignataire)

Name and address of the person shipping the goods as stipulated on the contract of carriage (e.g., bill of lading, waybill, commercial invoice, other shipping document or sales contract, etc.).

Shortage (Marchandises manquantes)

Where pre-arrival data was transmitted and a quantity of goods was initially reported upon arrival at First Port of Arrival (FPOA), and subsequently the number of pieces found, by the carrier, is less than the number of pieces reported to the CBSA at pre-arrival and upon arrival.

Specified Goods (under the Reporting of Imported Goods Regulations)
(Marchandises spécifiées (selon le Règlement sur la déclaration des marchandises importées))

Commercial goods, goods that are or will be imported to Canada for a fee and empty cargo containers that are not for sale but does not include:

• (a) goods that will be released after they have been accounted for and all duties with respect to them have been paid under subsection 32(1) of the Customs Act if:
  • (i) the goods are or will be in the actual possession of a person arriving in Canada, or
  • (ii) the goods form or will form part of a person’s baggage and the person and the baggage arrive or will arrive in Canada on board the same conveyance;
• (b) mail;
• (c) commercial goods that are used in a repair that is made outside Canada to a conveyance that was built in Canada or in respect of which duties have been paid, if the repair is made as a result of an unforeseen contingency that occurs outside Canada and is necessary to ensure the conveyance’s safe return to Canada;
• (d) a military conveyance within the meaning of subsection 18(1) of the Canadian Transportation Accident Investigation and Safety Board Act or goods that are transported on board that conveyance;
• (e) an emergency conveyance or goods that are transported on board that conveyance; or
• (f) a conveyance that returns to Canada immediately after being denied entry to the United States or goods that are transported on board that conveyance.

Split Shipment (Expédition fractionnée)

Portions of one shipment covered by one waybill that entered the country at different times.

Supplementary Cargo Data (SCD) (Données supplémentaires sur le fret (DSF))

A document submitted by a freight forwarder for shipments that have, or will be deconsolidated from an air or marine cargo control document for freight remaining on board (FROB) shipments only.

Supplementary Reference Number (SRN) (Numéro de référence supplémentaire (NRS))

Reference number assigned by the freight forwarder to identify the supplementary cargo data transmission.

Warehouse Arrival Certification Message (WACM) (Message d’attestation d’arrivée aux entrepôts d’attente (MAAEA))

An electronic message sent by warehouse operators to the CBSA to report that an unreleased cargo has arrived and that they accepted liability.

General Information

2. The Customs Act, the Reporting of Imported Goods Regulations and the Transportation of Goods Regulations, establish the time, manner and who is required to send pre-load or pre-arrival data pertaining to commercial cargo [for import, in-transit, and freight remaining on board (FROB)] and conveyances, entering or moving in-transit through Canada.

3. The receipt of pre-load/pre-arrival cargo and conveyance data enables the Canada Border Service Agency (CBSA) to:

• (a) Effectively manage high risk goods and identify threats to health, safety, and security prior to the arrival of cargo and conveyances in Canada;
• (b) Allow low risk goods a more efficient, streamlined process at the border; and,
• (c) Control the movement of in bond goods.

4. Except as otherwise prescribed in the Reporting of Imported Goods Regulations and the Transportation of Goods Regulations, all goods imported, moving in-transit through Canada, or FROB, must be reported to the CBSA at the First Port Of Arrival (FPOA) in Canada, even when exempt from the requirement to provide Advance Commercial Information (ACI). The requirement to report goods to the CBSA is effected electronically, orally or in writing in the prescribed manner as described in the Reporting of Imported Goods Regulations. This also applies to conveyances that are exempt from the ACI requirements.

Liability

5. For information on the carrier’s liability pertaining to pre-load/pre-arrival information, refer to Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Record Keeping

6. In addition to records required to be maintained for other CBSA programs, every person who transports or causes goods to be transported into Canada or transports or causes to be transported within Canada goods that have been imported but have not been released is required, under the Transportation of Goods Regulations, to keep records of the electronic data that has been transmitted to the CBSA and any acknowledgment of receipt of that data received from the CBSA. The records that must be kept include all source documents, in paper and/or electronic format, specifically related to the individual data elements transmitted and information reported at time of arrival.

7. For the CBSA purposes, records by means of which the person gives the Agency information under subsection 12.1(1) of the Customs Act related to the conveyance and cargo transmission and report upon arrival must be kept for a period of three complete calendar years plus the current year during which the cargo/conveyance transmission and report were transmitted and information reported at time of arrival.

Monitoring

8. In addition to all other monitoring and verification activities, the CBSA will perform periodic monitoring of the records kept by carriers related to electronic conveyance and cargo information. The monitoring will confirm whether the conveyance and cargo data were submitted in a timely manner and that information transmitted pre-load/pre-arrival is true, accurate and complete and corresponds to the information contained on the source documents on file.

Carrier Identification Requirement

9. Any carrier transporting or causing specified goods to be transported into Canada must have a CBSA assigned carrier code.

10. Marine carriers performing the duties of a freight forwarder as defined in the Reporting of Imported Goods Regulations, and transmitting pre-arrival supplementary or house bill data must also have a CBSA assigned carrier code.

11. The CBSA carrier code forms the 4-digit prefix of the Cargo Control Number (CCN) and the Conveyance Reference Number (CRN).

12. The CRN must have the CBSA assigned carrier code of the legal entity (carrier) physically arriving at the border.

13. For information pertaining to carrier code requirements and how to obtain a carrier code, refer to Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Security Requirements

14. A carrier desiring to become bonded under general authorization must complete an application and file security in a format as outlined in the CBSA forms. To become bonded, a carrier security must be filed in accordance with Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Cargo and Conveyance Transmission Timeframes

15. Carriers (or an authorized third-party service provider acting on the carrier’s behalf), are required to prepare and transmit the required cargo, supplementary/house bill cargo (if applicable) and conveyance information within the timeframes specified in the Reporting of Imported Goods Regulations.

16. Timeframes for transmissions are based on the type of cargo and routing. Refer to Appendix A of this memorandum for a complete list of timeframes.

17. For exemptions from cargo and conveyance requirements, refer to the Advance Commercial Information (ACI) exemptions section of this document, starting at paragraph 94.

18. Cargo and conveyance data may be transmitted up to 30 days in advance of the prescribed timeframes. The CBSA encourages clients to transmit pre-load/pre-arrival data as early as possible.

Cargo Control Number and Conveyance Reference Number Reuse Timeframes

19. Marine CCN’s, CRN’s and SRN’s must be unique and cannot be reused for three years starting January 1st of the year following their initial use.

Electronic Communications with the CBSA

20. Carriers must transmit data using the CBSA’s electronic data interchange (EDI) systems. Before initiating the application process (outlined below), carriers/freight forwarders must have a valid CBSA assigned carrier code, as per section 12.1 of the Customs Act.

Application to Transmit Electronic Data to the CBSA

21. Carriers using EDI are required to complete an application form and submit it to the Technical Commercial Client Unit (TCCU).

22. EDI clients may choose to transmit their own data to the CBSA or they may choose to use a service provider. For more information on how to apply, to participate in EDI, methods of electronic communication and general information on EDI, go to the CBSA external website.

23. For all enquiries related to any problems with electronic transmission of data and the related application process, or to obtain a copy of Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD), contact the TCCU at:

Technical Commercial Client Unit (TCCU)
Canada Border Services Agency
355 North River Road, 6th floor, Tower B
Ottawa ON K1A 0L8
Phone: 1-888-957-7224
Option 1 for EDI transactions
Option 2 for technical Portal assistance (calls within Canada and the United States)
Email: [email protected]

First Port of Arrival (FPOA)

24. The FPOA must be transmitted on all cargo and conveyance transmissions.

25. For a list of designated CBSA offices, refer to the CBSA external website.

Great Lakes Requirements

26. For vessels travelling into, and through Canada from off shore with foreign loaded cargo and west bound, Montreal will be the FPOA, unless the vessel stopped somewhere else in Canada first. The captain must be prepared to stop for CBSA inspection, including the discharge of containerized cargo from the vessel for examination and/or radiation screening in Montreal.

27. For vessels travelling with foreign loaded cargo from the Great Lakes, the first place the vessel stops in Canada is the FPOA. If the vessel is passing through the Welland Canal, Port Colborne will be the FPOA, unless the vessel stopped somewhere else in Canada first. The captain must be prepared to stop for examination, if required.

Data Transmission Guidelines

Primary Cargo Data

28. The primary cargo data must be electronically transmitted to the CBSA by the carrier or a service provider authorized by that carrier to transmit on their behalf, within the prescribed timeframes as outlined in Appendix A of this memorandum. A marine cargo transmission is mandatory for all import, in-transit, or FROB cargo.

29. If primary cargo data must be transmitted prior to loading, the Estimated Date/Time of Loading (EDTL) must be indicated on the cargo transmission. Refer to Appendix A of this memorandum for the pre-arrival timeframes.

30. For consolidated shipments, the Supplementary Data Required Indicator must be used to indicate that supplementary/house bill data are forthcoming.

31. A complete list of the information that a marine carrier must include in the primary cargo transmission can be found in Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Sub-Location Codes

32. Sub-location codes are data elements that carriers and freight forwarders must include on all cargo control documents for import and in-transit shipments.

33. The sub-location code is a four-digit identification number that identifies the location of goods, (i.e. sufferance warehouse) where the goods are destined.

34. In some instances, goods arriving in Canada, are not destined to a sufferance warehouse. In these instances, a specific sub-location code cannot be provided by the carrier, and a generic (9000) code is permissible to be used instead. For a list of sub-location codes, visit the CBSA external website.

35. Goods arriving in bulk in the marine mode, which are offloaded in an area where a suitable sufferance warehouse does not exist to store those types of goods, must be released prior to their offload from the vessel and the port must be a designated commercial vessel (C/VESS) port of entry.

Note:

• If the First Port of Arrival (FPOA) is the same to the port of destination for the cargo, the Conveyance Arrival Certification Message (CACM) will arrive all cargo reports transmitted for that conveyance.
• If the FPOA is different from the port of destination for the cargo (in bond) and there is a suitable warehouse/terminal that has a CBSA-issued sub-location where the goods are destined, the use of a generic 9000 is not permitted. In this case, the cargo must indicate the CBSA issued sub-location code of where the goods are destined. The sufferance warehouse must then submit the Warehouse Arrival Certification Message (WACM) to the CBSA to electronically arrive the goods.
• If the FPOA is different from the port of destination for the cargo (in bond) and the goods qualify for the use of the generic 9000 sub-location code (as per rules above), the carrier must request CBSA to manually arrive the cargo in the system. The request must be made within the local CBSA office business hours. Please note that the importer and/or their broker may alternatively seek to release the goods at FPOA, and thus avoid the need for manual CBSA intervention inland.

36. Goods transiting through Canada (except those on form A8B), carriers may use the 9000 generic sub-location code on their cargo documents when the movement type is displayed as “in-transit”, and the goods are not destined to a sufferance warehouse prior to leaving Canada. The carrier must display the generic version of the sub-location code corresponding with the port of export. The liability for the goods must remain with the same cargo carrier as the goods move into and out of Canada.

Supplementary Cargo and House Bill Data

37. When the primary cargo is consolidated, the supplementary data indicator on the marine primary cargo must be set to “yes” to allow for supplementary and/or house bill data, transmitted by the freight forwarder, to link to the marine primary cargo report. For further information concerning freight forwarder requirements, refer to Memorandum D3-3-1, Freight Forwarder Pre-arrival and Reporting Requirements.

Empty Cargo Container Data

38. Marine empty cargo container data must be transmitted to the CBSA by the carrier, or by a service provider authorized by that carrier to transmit on their behalf, within the prescribed timeframes as outlined in Appendix A of this memorandum.

39. Marine empty cargo container transmission(s) are mandatory for all non-exempt import, in-transit, or FROB containers.

40. For a complete list of the information that a marine carrier must include in the marine empty cargo container transmission and information regarding empty cargo containers in international shuttle service, refer to Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Company Seals Applied Prior to Arrival at FPOA

41. If a container, equipment, or part thereof that contains in bond goods is sealed with a company seal, the seal number must be noted correctly on the pre-load/pre-arrival cargo transmission. The company seal will remain intact, unless the CBSA performs an examination.

Conveyance Data

42. The conveyance operating carrier (COC) or a service provider authorized by that carrier must prepare and transmit an electronic transmission to the CBSA with the required conveyance data within the prescribed timeframes, as specified in the Reporting of Imported Goods Regulations and as outlined in Appendix A.

43. There are some exemptions to this requirement and these are listed in the exemptions section of this memorandum, starting at paragraph 94.

44. Only one conveyance report transmission is to be submitted per vessel, voyage/trip. In the case of consortium arrangements, the COC or a service provider authorized by that carrier is responsible for providing electronic conveyance data for the vessel.

45. The Estimated Date and Time of Arrival (EDTA) data element must be kept accurate to within eight hours. If the EDTA is expected to differ by more than eight hours, a change must be sent electronically with an updated EDTA. An updated EDTA is also required if the vessel is expected to arrive on a new calendar day, regardless of whether it is within eight (8) hour timeframe.

46. If due to port congestion, a vessel must wait in anchorage within Canadian waters for a spot at the dock, the EDTA does not have to be updated.

47. Cargo can be discharged upon arrival, prior to the EDTA, as long as it meets all the following criteria:

• (a) Within the eight (8) hour timeframe;
• (b) The Conveyance Arrival Certification Message (CACM) has been successfully transmitted;
• (c) The CBSA system has updated the status of the conveyance and related cargo; and,
• (d) The CBSA acknowledges the report of the conveyance and cargo with a Section 12(1) report message to the originator of the CACM.

48. The cargo cannot be discharged if a “Do not unload” message has been issued by the CBSA.

49. A complete list of the information that must be included in the conveyance data can be found in Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Conveyance Arrival Certification Message (CACM)

50. To meet the reporting requirements under section 12(1) of the Customs Act, the COC must transmit a CACM upon arrival at the FPOA. An arrival in the marine mode is defined as when the marine vessel lands at a CBSA office following arrival in Canada. The marine vessel will meet the definition of “landing” when it first comes to rest in Canada; whether at anchor, at dock or berthed alongside at the nearest CBSA office designated for that purpose.

51. The CACM is required in addition to the cargo and conveyance data previously transmitted according to the prescribed timeframes, as described in the Reporting of Imported Goods Regulations.

52. Conveyances exempt from transmitting ACI data to the CBSA are, therefore, exempt from transmitting the CACM. Exempt conveyances must be reported to the CBSA at the FPOA, under section 12(1) of the Customs Act. However, if a marine carrier choses to voluntarily transmit an electronic ACI conveyance report (Electronic A6) for a vessel with an ACI exemption, the CACM must be transmitted in order for the arrival status in the CBSA system to be finalized. For report on arrival requirements under section 12(1) of the Customs Act, including exempt conveyance, refer to the Vessel Clearance Requirements – General section of this memorandum.

53. The COC, or a service provider authorized by that carrier to transmit on their behalf, prepares and transmits a CACM to the CBSA through EDI.

54. The CACM must be transmitted and received within a two (2) hour window, allowing marine carriers to transmit their arrival request up to two hours in advance of their actual arrival at a Canadian port. This two-hour window is conditional on the vessel being in Canadian waters at the time the arrival request is submitted to the CBSA. Furthermore, the actual time of arrival transmitted on the CACM must be the actual time the message is transmitted. Should a vessel anchor at a significant distance from a CBSA office outside the two (2) hour window, it would not be considered “arrived” and the CACM would not be required.

Examples:

If due to port congestion, a vessel must wait in anchorage for a spot at the dock more than 2 hours away from the vessels FPOA. The CACM is not required to be transmitted until such time the vessel is within a two-hour window of their actual arrival at the FPOA.

If due to port congestion, a vessel must wait in anchorage for a spot at the dock within a two-hour window of their actual arrival at the FPOA, the CACM should be transmitted.

55. Upon receipt, validation and acceptance of the CACM, the CBSA system updates the status of the conveyance and related cargo, and acknowledges the arrival of the conveyance with a section 12(1) “Reported Notice” to the originator of the arrival message. This notice indicates that the carrier (as identified by the CBSA carrier code transmitted within the conveyance report) has met their obligation to report under section 12(1) of the Customs Act for the conveyance and all shipments detailed on cargo documents that are linked to that conveyance. The CACM will generate any release (for shipments requesting FPOA release)/referral notification messages accordingly.

56. All section 12(1) “Reported Notices” sent to the carrier must be kept on file and made available to the CBSA when requested during compliance monitoring, supported by the requirements in the Transportation of Goods Regulations.

57. For a complete list of the information that must be included in the CACM, refer to Advance Commercial Information (ACI)/eManifest Non-highway Conveyance Arrival Certification Message Implementation Guide (found in Chapter 3: Advance Commercial Information (ACI)/eManifest Rail (ECCRD). For a copy of this guide, contact the TCCU at:

Technical Commercial Client Unit
Canada Border Services Agency
355 North River Road, 6th floor, Tower B
Ottawa ON K1A 0L8
Telephone: 1-888-957-7224
Option 1 for EDI transactions
Option 2 for technical Portal assistance (calls within Canada and the United States)
Email: [email protected]

Marine Bay Plan (Vessel Stow Plan)

58. The marine bay plan is a standard marine transportation document that assigns a numbered position to all cargo bays on the vessel and details the exact location of each container being transported on board the vessel. It is used by persons in the marine transportation industry to identify all the containers and their location on a vessel. Information about each container and its specific location is electronically logged as the vessel is loaded and unloaded at a port, ultimately resulting in a “blueprint” of the cargo and other stowage locations.

59. Marine carriers are required to provide the vessel bay or stow plan to the CBSA electronically within 48 hours after the vessel leaves the last foreign port before its estimated arrival at a port of arrival in Canada. Cargo information provided by the carrier for cargo expected to be transported to Canada before the goods are loaded onto the vessel will be compared to bay plan data provided after the containers are loaded aboard the vessel.

60. For more information on Marine Bay Plan, refer to Chapter 6: Advance Commercial Information (ACI) Bay Plan (ECCRD).

Notification and Error Messages

61. All pre-load/pre-arrival data received will be validated and processed through the CBSA systems, and the CBSA will transmit response messages back to the sender. Notices are sent to the sender via the same route as the incoming transmission.

62. There are two types of response messages clients can expect to receive from the CBSA systems when submitting pre-load/pre-arrival transmissions by electronic means:

• (a) Positive Responses;
• (b) Error Responses.

63. Positive responses are issued in the form of “Acknowledgements”. Acknowledgements are generated when the EDI transmission has successfully passed all syntactical, conformance and validation edits.

64. Error responses are issued in the form of “Reject notices”. An error code will be transmitted to the sender indicating the nature of the error. Carriers must make changes to transmissions in error and re-send to the CBSA within the prescribed timeframes. The rejected report will be considered by the CBSA as non-transmission of the conveyance and/or cargo data until the identified errors have been addressed and the data is in accepted status by the CBSA system.

65. For a complete description of all notifications, error messages and codes and their application, as well as Request for Information (RFI) notices, refer to the Electronic Commerce section or Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Manifest Forward

66. For consolidated shipments, freight forwarders are able to nominate their primary carrier as a secondary notify party, enabling the carrier to view house bill data.

67. For more information on Manifest Forward, refer to Chapter 11: Advance Commercial Information (ACI) eManifest Notices (ECCRD).

Risk Assessment Notices

68. Risk assessment notices may be issued when the CBSA requires the client to provide more information regarding the cargo or, to provide the client with specific instructions regarding the loading/unloading of the cargo.

69. Similar to reject notices (or error codes), risk assessment notices (such as ‘Do not load’ notices) will include a coded field identifying the reason the notice was issued and the specific data element requiring clarification or further explanation. In addition, risk assessment notices may also include a free text remarks field providing external clients with additional information concerning the coded field or instructions.

70. The CBSA systems will send “Do not load”, “Hold”, “Do not unload” and/or “Cancellation” coded messages back to the sender and other relevant parties. The message is sent out to the party(ies) via the same electronic means as the incoming transmission. These messages will reference the CCN, SRN and/or container numbers, where applicable.

71. In cases where the cargo is loaded off-shore (non-U.S.), the CBSA has up until the EDTL to review the submitted primary cargo data and applicable house bill or supplementary cargo transmission(s). If the carrier does not receive a risk assessment notice (coded message), the cargo may be loaded at or after the EDTL.

72. If a risk assessment notice is received prior to the EDTL, the goods may not be authorized to be loaded on the vessel. The carrier must retransmit the primary cargo data with the required information and may not load the cargo until they have received an electronic cancellation coded message from the CBSA indicating that the risk assessment notice has been removed.

73. At any point while a vessel is traveling to Canada, a risk assessment notice (coded message) may be issued. This means that the cargo cannot be removed from the dock at the port of unloading until an electronic cancellation coded message indicating that the risk assessment notice has been removed by the CBSA.

74. As long as the cargo transmission has not been released/acquitted, the information requested by the CBSA in the ‘Hold’ message must be sent electronically. The CBSA will not accept faxes from brokers, carriers, freight forwarders or their agents.

75. If there is a “Hold” on a cargo that has been released/acquitted, the “Hold” supersedes the release/acquittal and the cargo cannot be removed from the dock until the “Hold” is removed by the CBSA. Because the cargo has been released/acquitted, the CBSA system will not accept electronic changes. Only a form BSF673, House Bill, Cargo and Conveyance Manual Correction Request Form – Post Arrival – All Modes including the changes will be accepted and must be presented in duplicate at the local CBSA commercial office.

76. A “Hold” message may be issued subsequent to the lading of the cargo on the vessel in the foreign port where:

• (a) the CBSA requires information pertaining to the cargo such as delivery address or notify party. In this case, the carrier re-transmits the required data to the CBSA using the EDI change function.
• (b) the CBSA may require an examination of the cargo upon arrival.
• (c) In cases (a) and (b), the cargo may be unloaded from the vessel in Canada but is not authorized to move until permission is granted by the CBSA in the form of a “Hold Cancellation” message.

77. If the importer/broker has already sent in a release/acquittal of the cargo which switches the status of the cargo to “Acquitted” when the vessel arrives and the CACM is transmitted, the cargo will not be released for delivery if there is still a “Hold” on the cargo in the system. Once the issue for which the ‘Hold’ was applied is resolved and the “Hold” is cancelled in the CBSA system, then the cargo will be released and can be removed from the dock.

78. Carriers may unload their cargo before the EDTA, once the vessel clearance has been provided by the CBSA. The cargo must remain on the dock until the EDTA, for possible examination, as a ‘Hold’ message may still be issued up until the EDTA or for as long as the goods remain within the terminal’s control.

79. It is the carrier’s responsibility to check their system for coded messages.

80. Calls relating to “Hold”, “Do Not Load”, “Do Not Unload” notices should be made to the National Targeting Centre (NTC) at:

Telephone: 1-855-NTC-1CNC (1-855-682-1262) (24 hours a day, 7 days a week)
Overseas callers: 1-613-941-0004 (24 hours a day, 7 days a week)
Email: [email protected] (marine only)

81. For a complete description of all notifications, error messages and codes and their application, as well as risk assessment notices, refer to the “Client resources” tab of the Electronic Commerce section or Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Corrections to Cargo and/or Conveyance Data

82. Changes to cargo and/or conveyance data shall be made as soon as they are known.

Add/Change/Delete (Cancel)

83. An “Add” is used for the first submission (original) of any data, whether it is cargo or conveyance data. It must be transmitted within the timeframes as prescribed in the Reporting of Imported Goods Regulations.

84. A “Change” involves the pre-load/pre-arrival re-transmission of the entire record (all applicable data elements), which will then replace the entire record on file. As a rule, the carrier will be required to transmit a change to update the current conveyance record or cargo record when any of the data elements on the current transmission to the CBSA change. Individual data elements are not to be transmitted separately.

85. However, if a CCN, SRN on a cargo transmission or the actual CRN on a conveyance transmission needs to be changed, the client must first transmit a record to delete the cargo, conveyance, or supplementary report, and then transmit an “Add” for the new report with the new CCN, SRN or CRN. A change request will not be accepted in these cases.

86. A “Delete” (cancel) is used for the complete removal of records or packages of records. If individual data elements or loops of segments are to be deleted, these must be processed as changes. The specific data transmitted on the delete does not necessarily have to be identical to the original add or change – only the “key” data (i.e. CCN or CRN and whether the record is a cargo or conveyance) must be identical.

87. Deletions may be made at any time up until the data is electronically arrived at the port of report.

Note: Un-arrived cargo and conveyance records are to be deleted (cancelled) if unused within 30 days.

88. Prior to loading, electronic changes will restart the 24 hour clock. A new EDTL must be transmitted to reflect the new time of loading. The CBSA will then have 24 hours to review the new information.

89. If additional information is required by the CBSA for risk assessment purposes while a container is on a “Do not load” or on a “Hold” status, the carrier and/or freight forwarder will be required to make changes. If a change/amendment is submitted in response to a “Do not load” notice, loading can proceed once a cancellation notice is received.

90. For conveyance transmissions, electronic cancellations will be accepted at any time as long as there are no related cargo transmissions on file. If a vessel is no longer coming to Canada, the electronic conveyance transmission must be deleted.

ACI Exemptions

91. This section will cover circumstances in which pre-load/pre-arrival cargo and/or conveyance data is not required under Section 12.1 of the Customs Act.

92. Should clients choose to transmit data for any of the listed exemptions and/or exceptions they must do so within the timeframes specified in Appendix A of this memorandum. A complete list of the information that a carrier must include in the conveyance and cargo transmission(s) are found in Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

93. Clients voluntarily transmitting conveyance data for empty vessels must transmit the conveyance report in the same timeframe as if goods may be reported on the vessel.

Note: The CBSA will perform periodic monitoring of the records kept by carriers related to electronic conveyance and cargo information, as identified in paragraph 8 in this memorandum. This will include information that may be transmitted, should clients choose to do so, for commercial goods and conveyances that otherwise fall under exemptions/exceptions.

Exemptions from Cargo and Conveyance Data Sets

94. The following are exemptions from cargo and conveyance data sets:

• (a) CSA Shipments (full load) – for eligible goods that meet the requirements under section 10.2 of the Accounting for Imported Goods and Payment of Duties Regulations;
• (b) Canadian and foreign military cargo when on a military leased or owned vessel;
• (c) Canadian and foreign government cargo when on a government leased or owned vessel;
• (d) Fish reported on a fishing vessel including the conveyance report for the fishing vessel;
• (e) Ferries, when not transporting commercial goods for which the ferry conveyance operator has a contract of carriage. Commercial goods for which a highway carrier has the contract of carriage and are being transported by a highway carrier on board a ferry are subject to highway pre-arrival requirements (see Memorandum D3-4-2, Highway Pre-arrival and Reporting Requirements);
• (f) Foreign scientific, exploratory or research vessels; for policy and procedures regarding foreign scientific or exploratory expeditions visit Memorandum D2-1-2, Foreign Scientific or Exploratory Expeditions in Canada.
• (g) Ancillary equipment – all vessels, regardless of registry, operating exclusively in international trade may transport stevedoring equipment from port to port in Canada only if the equipment is imported temporarily and is used solely for the loading, discharging, and handling of cargo;
• (h) Mail (Canada Post, United States mail, international) – Full load only;
• (i) Hand-carried commercial goods;
• (j) In-ballast/empty vessels;
• (k) Dunnage – Packaging material such as boards, blocks, planks, metal or plastic bracing, used in supporting and securing packages for shipping and handling.

Exemptions from Cargo Data – Only Conveyance Data Required

95. The following is exempted from the cargo data - only conveyance data is required.

• (a) Mail (Canada Post, United States Mail, Diplomatic Mail, International) – as part of a mixed load.

96. All of the above exemptions, with the exception of fish reported on a fishing vessel, must be reported at the arrival of the vessel to the local CBSA office, by presentation of a completed form A6, General Declaration and form A6A, Freight/Cargo Manifest.

97. Vessels arriving in-ballast (empty) for which ACI and a CACM has not been transmitted, must report upon arrival of the vessel, to the local CBSA office, by presentation of a completed form A6, General Declaration.

98. Carriers coming to Canada in-ballast have the option of transmitting their ACI electronically to the CBSA. If a carrier chooses this option, they must also report electronically by sending a CACM. To take advantage of the electronic process, a carrier must have a valid carrier code. In this scenario, the carrier must also use their own carrier code at time of export.

99. At this time, vessels coming to Canada in-ballast that do not have a CBSA issued carrier code, are allowed to use a 9ITN generic carrier code when reporting. In-ballast carriers who do have their own carrier code must use their own code at time of report. The 9ITN cannot be used.

100. If an exporting carrier does not have their own carrier code and reported into Canada using a 9ITN, they are to use the 9ITN at time of export. If an exporting carrier does have their own carrier code, they must use their own carrier code at time of export. The CBSA form BSF732, National Targeting Centre – Pre-arrival Notice may also be submitted to the National Targeting Centre (NTC) and the local CBSA commercial office to assist in expedited clearance by email: [email protected].

101. Cargo that is to be discharged in Canada must be reported, at the arrival of the vessel, to the local CBSA commercial office by presentation of a completed form A6A, Freight/Cargo Manifest.

102. When copies of bills of lading are filed, a summary list of bill of lading numbers must be attached to the inward form A6A, Freight/Cargo Manifest, and must include a list of all the marks and numbers of cargo containers on board.

103. When one bill of lading covers more than one container load, the number of pieces in each container and the total number of pieces in all containers must be shown on the bill of lading.

104. Under local arrangements, non-duplicating numbers assigned by agents or dock operators may be accepted as the CBSA inward report numbers. When a carrier maintains a computerized cargo system and its reports are numbered within the system, the numbers assigned by the carrier will be accepted as the CBSA inward report numbers. In all other cases, the CBSA will assign the inward report number from a local series beginning at number one (1) on April 1st each year.

105. The CCN for any shipment will consist of the carrier code, inward report number, a hyphen and the bill of lading number, e.g., 9386 1234-L12. For bulk cargo not carried under bills of lading, the complete cargo CCN will consist of the carrier code followed by the inward report number, e.g., 9386 1234.

106. When an ACI exempt shipment is moving overland (in bond under the marine carrier’s CCN), the marine carrier’s BOL (Bill of Lading) must clearly indicate: “This cargo is in bond and carried under form A6A, Freight/Cargo Manifest.”. This will advise the onward carrier that although the cargo is being carried as a domestic movement in their system, the freight must be delivered to the sufferance warehouse at destination and held until the CBSA authorizes its release.

107. All tracing of outstanding cargo control shipments will be directed by the CBSA to the carrier responsible for the overland movement.

Unique Shipment Processes

108. The following marine specific processes are not exempt from pre-load/pre-arrival data; however the reporting and/or pre-load/pre-arrival requirements differ in some manner.

ACI Transmission and Reporting Requirements for Multiple Canadian Ports of Call

109. Electronic conveyance and cargo transmissions must be transmitted to the FPOA as per the specified timeframes in Appendix A of this memorandum.

110. The conveyance data includes the requirement that all Canadian ports of call must be transmitted. Individual cargo transmissions will reflect the specific Canadian port of destination for that cargo.

111. Foreign or United States registered vessels must provide form A6, General Declaration inward and outward report at each subsequent port of call after the FPOA. The CRN submitted on the paper form A6, General Declaration must match the reference number transmitted on the electronic conveyance report.

Example: A foreign vessel calls into the port of Montréal where it discharges cargo, proceeds to Hamilton to discharge cargo, and continues on to Sault Ste. Marie where more cargo is discharged. The marine carrier transmits ACI conveyance report to the FPOA, Montréal. On departure from Montréal, the marine carrier will present a paper form A6, General Declaration outward conveyance report. A paper form A6, General Declaration inward conveyance report will be presented upon arrival in Hamilton. Then, on departure from Hamilton, a paper form A6, General Declaration outward conveyance report will be presented. The same paper process will be repeated at the Port of Sault Ste. Marie, i.e. a paper form A6, General Declaration inward report and a paper form A6, General Declaration outward conveyance report upon departure.

112. There are no requirements for a Canadian vessel to submit form A6, General Declaration at subsequent ports of call.

A6 Reporting Requirements for Vessel at Anchor

113. A vessel required to wait at an anchoring point due to port congestion or boarding of surveyors/testers, may do so without providing an A6 General Declaration inward/outward to the CBSA for a period of no longer than forty-five (45) days as long as the vessel is not docking, berthing or conducting any commercial activities at a CBSA port, and that no crew is disembarking while at anchor.

In-transit Shipments

114. When cargo arriving in Canada by vessel is unloaded from the conveyance and moves in-transit through Canada and the marine carrier’s contract of carriage ends in a country other than Canada, the in-transit movement type code “23” must be provided. In addition, consignee information must be provided in the consignee name and address fields.

115. When the carrier’s contract of carriage ends in Canada and they are aware that the shipment is in-transit, the CBSA requires that they transmit their cargo as per above, with the in-transit movement type code “23”. However, if the carriers’ system will not accept the code, the words “in-transit” should be provided in the remarks field, along with movement type code 24 (cargo import).

116. The CBSA acknowledges carriers are not always aware that the shipment is in-transit. If this is the case, then the import movement type, code 24, will be accepted on the cargo transmission. The consignee name and address will be provided in the consignee name and address field. A Canadian name and address will also be transmitted in the delivery address field. This may be a sufferance warehouse or rail yard.

Freight Remaining on Board (FROB) Cargo

117. For all goods that are FROB in Canada while in-transit to a third country (including the United States) and never intended to be imported into Canada, the responsible carrier must comply with the requirement to provide cargo and conveyance information within the timeframes specified in Appendix A of this memorandum. The FROB movement type code 26 must be provided.

118. For more information on transmission requirements for FROB cargo, refer to Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Canadian Goods Returned

119. The return of goods to Canada after they are taken out of Canada is an importation of those goods. Carriers must electronically transmit pre-load/pre-arrival cargo data to the CBSA within the prescribed timeframes as described in the Reporting of Imported Goods Regulations. Provision of this data satisfies the requirement set out in section 12.1 of the Customs Act.

120. To satisfy the requirements under section 12(1) of the Customs Act. The carrier must also transmit the CACM upon arrival.

Consortium and Co-load Agreements

121. For information on the responsibility to provide pre-arrival/pre-load ACI by cargo carriers and Conveyance Operating Carriers (COC) in a business agreement (consortium, code share, interline, brokered load and variations thereof), refer to the Carrier Requirements section of Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods.

Emergency Stops

122. Emergency stops are defined as stops for medical, weather, mechanical difficulties or security threats.

123. When pre-load/pre-arrival data has been transmitted and these stops exceed 8 hours, carriers will be required to advise the National Targeting Centre (NTC) by telephone with the updated information. Cargo data must be updated electronically as soon as known to reflect the new FPOA and its EDTA.

NTC: 1-855-NTC-1CNC (1-855-682-1262 within Canada or the United States) or 1-613-941-0004 (Overseas callers, 24 hours a day, 7 days a week).

124. If the emergency stop is less than eight hours, no update to the conveyance transmission is required.

Non-emergency Repairs

125. For repairs to conveyances that were completed outside of Canada and do not meet the definition of emergency repairs, carriers must transmit cargo and conveyance data to the CBSA within the prescribed advance timeframes, identifying the repair as the cargo.

Pre-arrival Diversions/Split Shipments

126. The following procedures are applicable if the carrier is informed, while on route to Canada, that some but not all of the containers on a cargo report are being diverted to another location or will be split from the original CCN, upon arrival in Canada:

• (a) A change to the original cargo transmission must be transmitted, removing the diverted container(s) and changing the weight, number of units and any other applicable data elements; and
• (b) A new cargo report must be submitted with a new CCN to identify the containers that have been removed from the original CCN. A notation must be made in the “Special Instructions” field showing the original CCN and indicating that the shipment is either a diversion or split shipment.

Unscheduled Diversions

127. For vessels carrying cargo that must arrive at an unscheduled Canadian port due to unforeseen circumstances and are ACI-capable, pre-load/pre-arrival information must be submitted to the CBSA prior to vessels arrival in Canada, at which point the CBSA will conduct appropriate risk assessment.

128. Timeframes for an ACI transmission will be relaxed in the event the vessel is already at sea at the time of the diversion.

129. Carriers are required to include the reason for the diversion in the “Special Instructions” field of the ACI cargo data transmissions.

130. For vessels being operated by carriers who do not have the ability to communicate with the CBSA via EDI, whether due to closure of the carrier’s office/system or lack of a CBSA carrier code, the appropriate documentation [carrier, vessel (PAN and form A6, General Declaration), crew, cargo (form A6A, Freight/Cargo Manifest), and container information (ship’s manifest)], is to be scanned and sent via email to the NTC, with a “CC” to the nearest CBSA marine port at which the cargo and conveyance will arrive. The carrier is also required to advise the TCCU support line of the outage. Refer to Appendix C of this memorandum for a list of email addresses. Once the office has been re-opened, the carrier will be required to transmit full ACI cargo reports; keying of conveyance reports would not be required. In the “Special Instructions” field on the cargo report, the carrier is required to note that documentation was presented at time of arrival.

131. If the carrier’s office in one location is closed due to the unforeseen circumstances, but their other office is open, ACI will be transmitted but will be outside of the required timeframes. Timelines (pre-load/due date) will be relaxed and risk assessment will be prioritized. Carriers will be instructed to include the reason for the unforeseen diversion in the “Special Instructions” field of their transmission.

132. No persons or cargo are to be offloaded from the vessel prior to the CBSA risk assessment having been conducted. The CBSA will have one hour to perform risk assessment once they have sent confirmation of receipt of a ship’s manifest submission. Offloading is not to occur until the one hour has elapsed from the CBSA confirmation of receipt of a ship’s manifest submission. If further customs processing is required of the vessel, cargo, or crew the carrier will be notified within that one hour time period.

133. In cases where a carrier had originally transmitted the movement type on the ACI cargo report as FROB but now wants to move the goods in-transit via another mode for furtherance to the intended destination, the carrier is required to transmit a change. However, if the carrier’s system is down due to the unexpected or unforeseen diversions, the carrier is to contact the NTC to do the change.

134. In cases where the ACI cargo report was transmitted and the carrier wishes to off-load the cargo to remain on the dock until it can be exported by another vessel, the carrier is required to contact the NTC for permission to off-load the cargo.

Overages/Shortages

135. Where there are discrepancies between transmitted data and/or reported cargo and the actual number of pieces found on arrival, the process documented in the Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods must be followed. An overage occurs only where pre-load/pre-arrival data was transmitted and the quantity of goods initially reported upon arrival at FPOA, is found, by the carrier/freight forwarder to exceed the quantity of goods reported to the CBSA pre-load/pre-arrival and upon arrival. If no data was transmitted pre-load/pre-arrival and no report occurred, and the goods are discovered post arrival, this constitutes non-report, not an overage, and may be subject to penalty action.

Tugs and Barges

136. Pre-load/pre-arrival data requirements pertaining to tugs and barges are to be transmitted within the timeframes outlined in Appendix A of this memorandum.

137. Tugs and barges are both considered conveyances and pre-load/pre-arrival ACI must be submitted for each tug and/or barge.

138. The same voyage/trip number must be transmitted in the applicable fields on all transmissions associated with all tugs, barges and cargo that are involved in the following scenarios.

139. An in ballast (empty) tug, or, a tug pulling one or more barges without cargo: If there is no cargo on any of the barges being pulled by the tug, there is no ACI requirement for pre-load/pre-arrival cargo and conveyance. The reporting would be done on a form A6, General Declaration. In addition, the CBSA form BSF732, National Targeting Centre – Pre-arrival Notice should also be submitted to the National Targeting Centre (NTC) to assist in expedited clearance by email: [email protected].

140. A tug pulling one or more barges with cargo: Cargo data must be transmitted for the cargo on each barge, referencing the corresponding CRN. Conveyance data would be transmitted electronically for the tug. Conveyance data would also be transmitted for each barge. The voyage/trip number for the tug, the barge(s) and the cargo must be the same. The number of crew is to be transmitted on the tug conveyance report. A zero is to be transmitted in the number of crew field for the conveyance transmission for each barge.

141. A tug pulling a mix of barges with cargo, and barges without cargo: Cargo transmissions must be transmitted electronically for the cargo on each barge, referencing the corresponding CRN. No cargo transmissions are required for the empty barge(s). A conveyance transmission is to be transmitted electronically for all of the barges and for the tug. The voyage/trip number for the tug, the barge(s) and the cargo must be the same. The number of the crew must be indicated on the tug conveyance report. A zero is to be transmitted in the number crew field for the conveyance transmission for each barge, unless there are crew onboard the barge, then number of crew onboard each barge must be transmitted on the tug conveyance report.

142. Self-propelled barges: an electronic cargo report must be transmitted for the cargo on each barge, referencing the corresponding CRN. A conveyance transmission must be transmitted electronically for each barge. If there is more than one barge the same voyage/trip number must be shown on all of the cargo and conveyance transmissions. If there is more than one barge for this scenario, the number of crew must only be transmitted on one of the barge conveyance transmissions; a zero will be submitted in that field on the other conveyance transmission(s).

143. A tug carrying cargo and towing empty barges: cargo transmissions must be submitted for the cargo, referencing the CRN of the tug. A conveyance transmission must be transmitted electronically to represent the tug.

144. An in ballast (empty) tug that is not pulling barges: There is no requirement for electronic pre-load/pre-arrival cargo and conveyance transmission. A form A6, General Declaration must be completed and submitted to the CBSA upon arrival. In addition, the CBSA form BSF732, National Targeting Centre – Pre-arrival Notice may also be submitted to the National Targeting Centre (NTC) to assist in expedited clearance by email: [email protected].

Foreign Military Vessels Carrying Solely Military Cargo on Board

145. Foreign military vessels are exempt from the requirement for ACI cargo and conveyance transmissions. The masters of these vessels must file a form A6A, Freight/Cargo Manifest and are authorized to make verbal conveyance reports at the FPOA for inward or outward movements.

146. Foreign military vessels, including ships of war, military transports, military supply ships, and military support vessels which are owned or controlled by the government of any country are entitled to ships’ stores as per the Schedule to the Ships’ Stores Regulations.

147. Where visiting forces are stationed in Canada, their goods may be imported without payment of duties and taxes under the provisions of tariff item 9827.00.00.

Foreign Government Vessels

148. All non-military foreign government vessels are exempt from the requirement for ACI cargo and conveyance transmissions. The masters of these vessels must file a form A6, General Declaration and A6A, Freight/Cargo Manifest upon the arrival of the vessel to the local CBSA office.

Canadian Military Vessels Carrying Solely Military Cargo on Board

149. Canadian military vessels are exempt from the requirement for ACI cargo and conveyance transmissions. The masters of these vessels must file a form A6A, Freight/Cargo Manifest and are authorized to make verbal conveyance reports at the FPOA for inward or outward movements.

150. Canadian military vessels that are proceeding outside Canada and military service ships that are required to report under section 95 of the Customs Act (outward report) and that are proceeding outside Canada are entitled to ships’ stores as per the Schedule to the Ships’ Stores Regulations. The term “proceed outside Canada” means to advance beyond:

• (a) the land mass of Canada;
• (b) the internal waters; or
• (c) the territorial sea of Canada.

151. The master of a Canadian warship or service ship must advise the local CBSA office on the 31st day the vessel has been in a Canadian port that the vessel will be remaining in port. An inventory is then to be completed by the CBSA of all ships’ stores aboard the vessel. Following the completion of the inventory, the sale on board of these goods will no longer be permitted, the designation of these materials as “Ships Stores” as per the Schedule to the Ships’ Stores Regulations will be lost, thus allowing the purchase of similar goods in the local economy by crew members.

152. Declarations as returning residents are required from members of the crew upon their arrival from foreign ports or high seas maneuvers of a duration of more than 48 hours. Crew members are entitled to the personal exemptions provided under 98.04 of the Customs Tariff.

Canadian Government Vessels

153. Canadian government vessels are defined as those vessels owned, leased, or operated by the federal or provincial governments of Canada. Canadian Coast Guard vessels, as well as Fisheries and Oceans Canada and Hydrographic Services vessels, are included in this category. Military vessels are not included in this group.

154. Masters of these vessels, must present a completed form A6, General Declaration in the following circumstances:

• (a) when arriving from a foreign port;
• (b) when departing from a foreign port; or
• (c) when taking aboard in bond stores.

155. Government vessels must meet safety inspection and certificate of competency requirements under the Canada Shipping Act.

156. Canadian Coast Guard ships that are proceeding on a voyage to the Arctic are entitled to ships’ stores as per the Schedule of the Ships’ Stores Regulations. Canadian-registered vessels that are operated by the Government of Canada to obtain scientific data on the high seas, including weather, research, and fisheries patrol ships, are also entitled to ships’ stores.

157. Personal declarations are required from crew when returning from a foreign port. Crew members are entitled to personal exemptions under heading 98.04.of the Customs Tariff.

Fishing Vessels

158. The CBSA cooperates with the Department of Fisheries and Oceans Canada in the administration of programs under the Coastal Fisheries Protection Act. Under these programs, fishing vessels from prescribed participating states, referred to as “licensed foreign fishing vessels” are permitted entry into Canadian fishing waters to acquire Canadian fish and fish products. The CBSA’s role under these programs is to facilitate the inward and outward movements of licensed foreign fishing vessels while satisfying all requirements of the Customs Act and the legislation of Other Governmental Departments (OGDs).

159. Licensed foreign fishing vessels must report inward at the nearest CBSA office, as per inward report instructions, prior to commencing their fishing operation under license with Fisheries and Oceans Canada. A vessel operating outside the territorial sea, and proceeding outside Canada is entitled to ships stores as a fishing ship reported and proceeding outside Canada. For additional information, refer to Ships’ Stores Regulations. Licensed foreign fishing vessels operating within the territorial sea are not entitled to ships stores.

160. Licensed foreign fishing vessels operating without bonded stores will be granted a seasonal clearance after initial inward report. This clearance will be valid for the duration of the season and will relieve vessels from the requirement to enter only at ports having CBSA services.

161. Licensed foreign fishing vessels operating with bonded stores will have their stores sealed while in port or when operating within the territorial sea. Crew members will be permitted the alcohol and tobacco allowances permitted to all visitors, as outlined in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyance by Non-residents. Licensed foreign fishing vessels leaving Canada with bonded stores must enter a port having CBSA service upon their return.

162. Licensed foreign fishing vessels landing fish and fish products in Canada must file a form A6A, Freight/Cargo Manifest with the CBSA.

163. The CBSA must be advised whenever a change in the crew on board licensed foreign fishing vessels occurs. The master of the vessel is responsible for ensuring that the CBSA receives a report of all crew members offloaded for medical treatment or crew rest.

164. Licensed Fisheries program vessels without a seasonal clearance must file an outward report to the CBSA on form A6, General Declaration, on each occasion the vessel leaves the territorial sea. For more information on outward reports and cargo export, refer to Memorandum D3-1-8, Cargo – Export Movements.

165. Licensed Fisheries program vessels are not considered to be in the coasting trade unless they engage in the practice of moving goods between two points in Canada. In that case, procedures outlined in Memorandum D3-5-7, Temporary Importation of Vessels, must be followed. The movement of fish or fish products from a Fisheries program vessel to another within the territorial sea is not considered to be coasting when the receiving vessel is moving the cargo outside of Canada for export.

166. The Department of Fisheries and Oceans Canada has identified several transshipment points within the territorial sea where Fisheries program vessels can meet, with the prior approval of the nearest CBSA office, for transfer of crew, supplies, or fish and fish products. The transfer of fuel between fisheries program vessels within the territorial sea is prohibited due to environmental concerns.

167. Spare parts and fuel to be consumed in Canada are subject to the provisions of the Customs Tariff and the Excise Tax Act.

168. Licensed Fisheries program vessels entering Canada from a foreign port for the purpose of going to a transshipment point must satisfy requirements outlined in paragraph 165.

Ferries

169. Ferries operating internationally must file with the CBSA one inward and one outward report on form A6, General Declaration, at the close of each day’s operations. For more information on outward report, refer to Memorandum D3-1-8, Cargo – Export Movements. Each report must specify the number of trips made during the day and the total number of passengers carried. An itemized record of tourist automobiles, trucks, etc., is not required but the total number of vehicles in each class must be shown for each trip.

170. Passenger ferries without commercial goods are exempt from ACI.

171. Ferries are required to transmit pre-arrival cargo and conveyance information as well as a CACM when transporting commercial and personal goods for which the ferry conveyance operator has a contract of carriage.

172. Commercial cargo placed onboard a ferry, where the ferry operator maintains the contract of carriage to move those goods, is subject to Marine ACI reporting requirements and timeframes.

173. Highway ACI reporting requirements and timeframes apply if a commercial highway conveyance is placed onboard a ferry and the highway carrier maintains the contract of carriage. Refer to the Memorandum D3-4-2, Highway Pre-arrival and Reporting Requirements for additional information.

174. Passengers and their goods embarking onto or disembarking from a ferry are subject to normal reporting requirements. For more information on the normal reporting requirements, refer to D2 Memoranda series, International Travel.

175. Railway car ferries operating internationally may report inward on form A1 in lieu of the form A6 – General Declaration when the goods carried in each car are reported on separate cargo control documents. For more information on Rail reporting, refer to Memoranda D3-6-6, Rail Pre-arrival and Reporting Requirements.

Yachts (Pleasure Craft)

176. Yachts are determined to be commercial or non-commercial (private), depending on the purpose of the vessel’s entry to Canada.

177. A yacht is determined to be a commercial vessel if any of the passengers have paid for passage or if the vessel is:

• (a) transporting commercial goods,
• (b) transporting goods for hire,
• (c) conducting promotional business in Canada, and
• (d) coming to Canada to pick up passengers who have paid for passage or to pick up cargo.

178. Commercial vessels are not permitted to report to the CBSA through the Telephone Reporting Centre (TRC). These vessels must report to the CBSA according to the procedures contained in this Memorandum, which includes direct report to a Port of Entry on a form A6, General Declaration, provision of the crew list, ships stores and all other documentation required under the Customs Act and the Immigration and Refugee Protection Act.

179. The yacht is determined to be non-commercial (private), if the purpose of the trip is for pleasure or leisure only. Yachts owned by private citizens or corporations are considered non-commercial if:

• (a) no person on board has paid for passage;
• (b) the vessel is not transporting commercial goods or goods for remuneration; and,
• (c) the corporation is not conducting promotional activities on board the vessel while in Canada.

180. The reporting requirements for these non-commercial (private) yachts depend on the number of passengers on board including the crew. Yachts that are carrying 29 persons or fewer, including the crew, are permitted to report to the CBSA through the TRC, refer to Memorandum D2-5-12, Telephone Reporting for General Aviation and Private Boats. Yachts that are carrying more than 29 persons, including the crew, must report to the CBSA directly at the Port of Entry.

Other Unique Shipping Processes

181. Other unique shipment processes are referenced in Memorandum D3-1-1, Policy Respecting the Importation and Transportation of Goods. They are as follows:

• Transmitting Accurate Data;
• Goods Found Astray (Misrouted Goods);
• Non-resident Importer;
• Transporting “to order” Shipments;
• Moving Company and Personal Effects;
• Entered to Arrive and Value Included Shipments;
• Ship's Stores;
• Duty Free Shops (Goods Imported by Duty Free Shops);
• Carnet and other temporary imports;
• Unscheduled Emergency Diversion – Goods moving within Canada.

Tariff Treatment of Vessels in International Service

182. For the purposes of this memorandum, a Canadian vessel is defined as a vessel engaged in international commercial transportation which is registered in Canada, and

• (a) was built in Canada; or
• (b) all duties have been paid; or
• (c) has been deemed to be duty paid under the terms of some other Act.

Note: Any vessel that is not a “Canadian vessel” as defined above is deemed to be a foreign vessel for CBSA purposes and, if in international service, should be classified under tariff item No. 9801.10.10.

183. Canadian vessels engaged in international commercial service are not admissible under tariff item No. 9801.10.10. Rather they are to be classified under either tariff item No. 9813.00.00 or No. 9814.00.00, if applicable. Where Canadian vessels arriving in Canada do not qualify for importation under either of these tariff items, they shall be classified under the appropriate tariff item in Chapter 89 of the Customs Tariff.

184. Where Canadian vessels are returning to Canadian waters and repairs and modifications were done during the course of the vessel’s operations abroad, customs duties may be reduced or removed as provided under the Vessel Duties Reduction or Removal Regulations. All such repairs or enhancements shall be reported to the CBSA and duly accounted for upon the vessel’s first return to Canada, even if the vessel is continuing in international service.

185. A foreign vessel must either be formally accounted at the CBSA or exported from Canada within 30 days of importation.

186. Foreign vessels operating in international commercial service that are unable to depart from Canada due to ice conditions will not be considered as imported. They should be documented in an appropriate manner and allowed to leave at the earliest opportunity.

187. Any vessel classified under tariff item No. 9801.10.00 and subsequently diverted to a dutiable use in Canada, is considered as having been diverted from the use originally intended and the importer will be held liable for payment of full duty under the appropriate tariff item in Chapter 89 of the Customs Tariff.

Vessel’s Clearance Requirements – General

188. All vessels engaged in international commercial service arriving in Canada must present without delay to the nearest CBSA office specifically designated for the clearance of vessels, type of cargo, and method of carriage (i.e. containers, bulk, break-bulk), with the required equipment and services available to process the conveyance, container, and cargo. For a list of marine commercial offices and the types of vessels and cargo that may be reported at each, refer to CBSA external website . The complete inward report package includes: form E1, Ships Stores Declaration; Crew List (FAL form 5) and Passenger List (FAL form 6), if applicable; the form BSF552, Crew's Effects Declaration. The package must be presented to the local CBSA office, and must be stamped by the CBSA and sent back to the originator, prior to any persons being allowed to disembark or embark the vessel, or any cargo being discharged.

Note: Containerized cargo in-transit through, or originating from the United States are exempt from radiation screening requirements.

189. For vessels exempted from ACI, the completed form A6, General Declaration must be submitted to the CBSA.

190. All copies of the form A6, General Declaration will be date-stamped and signed by the CBSA. The presence of the CBSA signature and date-stamp signifies acceptance of the inward report and is not to be considered a validation of all information of the form. A copy must be kept by the carrier as a proof of report.

191. Cargo may only be discharged with the CBSA permission as signified by the presence of the CBSA signature and date-stamp on the form A6, General Declaration.

192. After the form A6, General Declaration is numbered (when required), date-stamped and signed by the CBSA, copies will be distributed as follows:

• (a) one copy with attachments retained by the CBSA;
• (b) one copy with attachments to Statistics Canada; and,
• (c) one copy faxed back to the vessel or to the agent for presentation to the harbour master.

193. To ensure a smoother vessel clearance in international commercial service, in addition to the requirements listed in paragraphs 188 to 192, carriers may provide a completed form BSF732, National Targeting Centre - Pre-arrival Notice to the NTC via email, either by the ship’s agent or master. Providing this information does not constitute vessel clearance.

194. It is the master’s responsibility to ensure that no goods are discharged from the vessel, that no one other than a Canadian Private Sector Domestic Employee, medical officer of health, or an officer acting in an official capacity is allowed to board the vessel, and that no one is allowed to leave the vessel, until such time as CBSA requirements have been completed.

195. With the prior consent of the CBSA, officers from OGDs, supercargoes, or ships agents may accompany the CBSA on board to complete official or company business, provided there is no interference with CBSA procedures which are to take precedence over any other transactions.

196. If a vessel that arrives from a foreign port requires anchoring in the harbour or stream, due to exceptional circumstances, the CBSA may proceed aboard to accept the ships stores list, crew declaration, and seal ships stores only if all health and safety requirements are met, and local management deems that it is safe to do so. Masters or agents are to be advised that the boarding of the vessel for this purpose is simply a preliminary function carried out to enable the vessel to proceed with local port routine without undue delay, and is not to be considered a substitute for formal reporting or CBSA clearance procedures. When practicable, the formal inward report may be taken at this time; should the vessel arrive after hours, the ship’s master or agent may present the inward report the following day.

197. Vessels moving through locks in a canal system will not be boarded upon or disembarked from by the CBSA unless fully stopped, anchored and secured to the canal wall. Under no circumstances will an officer board such a vessel other than by way of a properly secured gangplank. Similarly, vessels in stream will not be boarded upon or disembarked from unless stopped and anchored.

198. Use of water taxis for channel clearances is at the vessel operator’s expense. The CBSA will only pay for such taxis where the vessel is being boarded exclusively for official CBSA purposes.

199. All carriers must report any illnesses/health issues related to communicable disease on board to the Public Health Agency of Canada (PHAC) quarantine officer for assessment as soon as possible prior to arrival at a Canadian port. In addition to providing this information to the CBSA National Targeting Centre, carriers will notify PHAC by emailing [email protected]. Should a carrier need to reach a quarantine officer urgently, they may call 1-833-615-2384. PHAC should be notified only if there are concerns with respect to a communicable disease illness. For more information, refer to the Quarantine Act.

200. In the event that the CBSA is advised of a death or serious injury on board a vessel arriving in Canada, the CBSA will promptly advise the appropriate police and health authorities, will authorize their embarkation on board the vessel at the earliest possible moment and will endeavour to assist them in carrying out an investigation of the incident and assist them in removing any injured or deceased persons. However, the CBSA will remain responsible for maintaining control over the situation and ensuring that the CBSA requirements are completed even if delayed.

201. On occasion, the CBSA will board the vessel to ensure that it is in compliance with the registration, safety compliance, and crew certification provisions of the Canada Shipping Act. This will include verifying that the following documents are present and valid:

• (a) Certificate of Registry;
• (b) Passenger Ship Safety Certificate;
• (c) Cargo Ship Safety Certificate (500 tons or more);
• (d) Cargo Ship Safety Equipment Certificate;
• (e) Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate (under 1600 tons);
• (f) Ship Sanitation Certificate;
• (g) Load Line Certificate;
• (h) Officers’ Certificates of Competency; and/or,
• (i) Certificate of Insurance or other financial security.

202. Where it is determined that a certificate is not present, is invalid, or is likely to expire prior to the anticipated departure date, the captain will be informed of this fact as well as the nearest ships safety office. Appropriate operational steps will be taken to ensure that the vessel is not granted an outward clearance until such time as a valid certificate is presented.

203. In instances where animals on board the vessel will be going ashore, they must first be reported to the CBSA. The CBSA will in turn notify the Canadian Food Inspection Agency (CFIA), National Animal Health Program. Permission to disembark the animals will be granted only once authorization to do so is received from CFIA and once all necessary animal health permits are presented and validated.

Seaway Traffic

204. Under normal circumstances, vessels destined for ports west of Montréal, will not be boarded and sealed at Montréal unless goods or persons are to be taken on board or discharged in Montréal, or the vessel is in port for more than 48 hours.

205. For vessels reporting ACI, Montréal will be considered as the FPOA and the electronic conveyance reports must be transmitted to this port, unless the vessel stopped somewhere else in Canada first.

206. For vessels exempt from ACI, Montréal will be considered as the FPOA and the completed form A6, General Declaration must be submitted to the CBSA.

207. Immigration forms will be submitted to the FPOA and passengers will be examined at that point.

208. CFIA, National animal health program requirements will be observed at Montréal.

209. Passenger baggage will be examined at the FPOA.

210. The CBSA, reserves the right to have any vessel at anchor boarded and undergo complete customs formalities, including searching crew effects and the vessel, crew interrogations and documentation examination as deemed relevant to the presiding officer in accordance with the Customs Act and Regulations.

Vessels Arriving at Non-CBSA Ports

211. A carrier engaged in international commercial transportation with cargo for discharge at a place where a CBSA office is not located, must first transmit ACI reports to a CBSA office and then report inward, in accordance with the provisions of the Customs Act and Reporting of Imported Goods Regulations. Accounting documents must be presented at the nearest CBSA office for the goods on board, and at the discretion of the chief of operations of the local CBSA office, the CBSA will be in attendance to observe the discharge of the cargo.

212. The CBSA may grant permission for vessels to discharge or load cargo at non-CBSA ports subject to the provisions of the Special Services Regulations (refer to Memorandum D1-2-1, Special Services).

213. If the vessel has additional cargo for delivery at another CBSA seaport, accounting documents for this additional cargo must be presented at the CBSA office where the goods are to be unloaded.

214. Where a vessel in-ballast (empty) properly reports inward at a CBSA office on route to the non-CBSA port, the attendance of the CBSA will not be required at the non-CBSA port to affect clearance of the vessel. However, the CBSA may wish to be present to provide clearance at its discretion.

215. Where vessel clearance is to be issued by the next CBSA port of call or directly to a foreign point as the case may be, and where clearance is given at the CBSA port, such clearance will be shown on the documentation as via the non-CBSA port.

Delivery Requirements and Transfers to Sufferance Warehouses

216. Cargo arriving by marine vessel under a marine cargo control document must be reported to a type AM or AW sufferance warehouse at the port of discharge. For more information on sufferance warehouses, refer to Memorandum D4-1-4, Customs Sufferance Warehouses.

217. Goods authorized to move, but unreleased may move on the original manifest from FPOA, to the stated destination primary warehouse that is licensed to receive marine shipments, or to the CBSA port of export (as indicated on the manifest), without a re-manifest. Liability for duties and taxes on the unreleased goods will remain with the bonded carrier associated with the CCN on the manifest, regardless of the carrier that physically transports the goods. Cargo tracers, if required, and any penalties for cargo infractions, will be issued against the carrier associated with the CCN on the manifest.

218. Consolidated shipments consigned to a bonded freight forwarder and reported by the primary carrier at the FPOA, may be authorized by the CBSA to move directly to the freight forwarder CW type, sufferance warehouse on the primary CCN as long as both are destined to the same CW sufferance warehouse. Refer to Memorandum D3-3-1, Freight Forwarders Pre-arrival and Reporting Requirements for required conditions.

219. Intact cargo arriving in highway or rail service for export in bond under a marine CCD may be delivered directly to the designated seaport. For more information, refer to Memorandum D3-1-8, Cargo – Export Movements.

Coastwise Shipping

220. Vessels in international commercial service may drop off and pick up cargo at more than one location in Canada provided that all of the following conditions are met:

• (a) the vessel was cleared by the CBSA at the time of its initial arrival in Canada;
• (b) all crew disembarked or cargo unloaded originated outside of Canada; and
• (c) all crew embarked or cargo laden on board is destined to a point or points outside of Canada.

221. Vessels moving as outlined in the previous paragraph are termed to be moving “Coastwise” this term is separate and distinct from the term “coasting,” which refers to the transportation of goods or people between points in Canada. For more information on passenger processing in coastwise, refer to Memorandum D2-3-7, Marine Operations – Canada Border Services Agency Processing of Cruise Ships.

222. Vessels moving coastwise, whether laden or in ballast, remain subject to CBSA control and must be reported to the CBSA at each point of arrival and departure. Where the stay in port will be of a short duration, a combined form A6, General Declaration inward/outward vessel report may be accepted. Normal cargo reporting procedures will apply.

223. Vessels moving coastwise may not offload international waste or non-compliant wood packaging materials including dunnage, pallets or crating without the permission of the CBSA. Permission to offload international waste or non-compliant wood packing materials will only be granted where CFIA-approved facilities exist for the safe disposal of these items.

224. The CBSA boarding coastwise vessels will verify the security of the bonded stores’ seals and replace them if necessary. (Coastwise vessels that have transited international waters are permitted to arrive with their seals broken.) The CBSA will also make any required amendments to the crew list, and grant an issue of bonded stores where appropriate. Safety certificates will also be verified prior to an outwards coastwise report being accepted.

225. While passengers and crew are at liberty to entertain invited guests on board a ship in port, the presence of such persons is to be reported by the carrier, in writing to the CBSA prior to embarkation. Visitors are to be advised that any goods removed from the ship may be subject to duties. Searches of such persons or their possessions may be carried out where there are reasonable and probable grounds to suspect that the person is in possession of undeclared goods. For more information on search of persons, refer to Memorandum D2-3-7, Marine Operations – Canada Border Services Agency Processing of Cruise Ships.

226. The outwards report of vessels moving coastwise must be made to the CBSA in sufficient time to permit inspection formalities to be completed prior to departure. The CBSA will not be responsible for delays in departure due to late outwards report from the marine company or its agent, or for delays due to non-compliance with legislative requirements. For more information on outward reporting, refer to Memorandum D3-1-8, Cargo – Export Movements.

227. Permission to sail may be refused by the CBSA where it has been determined that the vessel is not in compliance with Canadian law, or that any fees, duties, or penalties due to the Crown have not been paid. Any costs incurred by such delays will be the responsibility of the vessel operator.

Stevedoring Equipment (Ancillary Equipment)

228. All vessels, regardless of registry, operating exclusively in international trade may transport stevedoring equipment from port to port in Canada only if the equipment is imported temporarily and is used solely for the loading, discharging, and handling of cargo.

International Waste

229. International waste refers to ship’s refuse that contains, or is suspected to contain any food, plant and animal product or by-product and that originated as food that was taken on a vessel, or as a result of transportation of animals on a vessel. International waste regulations apply to waste originating in all countries, other than the continental Unites States. In addition, certain fruit, vegetables and other plant products from all countries, including the United States, are prohibited entry into Canada under the Plant Protection Act and Plant Protection Regulations, these products must also be disposed of as international waste.

230. All vessels will be considered to be carrying international waste upon their arrival in Canada and this waste may be subject to inspection by the CBSA. All international waste must be secured in containers whose top, sides and bottoms prevent the escape of solids and liquids, with a tightly fitting lid to reduce spills and prevent exposure to wildlife, vermin and birds. International waste may only be offloaded in Canada with the approval of the CBSA and where Canada Food Inspection Agency (CFIA)-approved routes and CFIA-approved disposal facilities exist. If no CFIA-approved facilities exist at the port, international waste must be safely contained and remain on board the vessel.

231. Any international waste offloaded from marine vessels must be controlled, transported and disposed of in accordance with the CFIA's International Waste Directive. Marine vessel owners or their agents/representatives are responsible for ensuring the requirements of the International Waste Directive are met. For more information on CFIA requirements, refer to Memorandum D19-1-1- Food, Plants, Animals and Related Products.

Wood Packaging Material

232. Wood packaging material (WPM) is defined as wood or wood products used in supporting, protecting or carrying a commodity, and includes dunnage. All ship borne dunnage within a container, on a flat-rack, etc. that is not bracing cargo on the ship's deck, is considered WPM. For more information on CFIA requirements and regulations on wood packaging, refer to Memorandum D19-1-1- Food, Plants, Animals and Related Products.

Outward Report / Exports

233. For information on electronic outward reporting and exports, refer to Memorandum D3-1-8, Cargo – Export Movements and Chapter 1: Advance Commercial Information (ACI) Marine (ECCRD).

Coasting Trade License

234. For information on coasting licenses, refer to Memorandum D3-5-7, Temporary Importation of Vessels and Customs Notice (18-12), Coasting Trade Vessels Leaving Canadian Waters.

Canada–European Union Comprehensive Economic and Trade Agreement (CETA)

235. For information on CETA, refer to Memorandum D11-5-15, Canada–European Union Comprehensive Economic and Trade Agreement (CETA) Rules of Origin and Customs Notice 17-30, Implementation of the Canada–European Union Comprehensive Economic and Trade Agreement (CETA).

Post Arrival Changes

236. Changes to cargo data (post arrival) must be made as soon as they are known. Electronic changes by carriers will be accepted prior to release or acquittal of the cargo document.

Failure to Submit Pre-arrival / Pre-load Information

237. The CBSA requires complete information pertaining to all specified goods arriving in Canada. Where no pre-load/pre-arrival information was transmitted and no other exemption or exception exists, the carrier must transmit a cargo report as soon as it is discovered. Sanctions may be issued to the carrier for non-report for goods for which no pre-load/pre-arrival information was transmitted, and for which no report was made to the CBSA.

Contingency Plan in the Event of System Failure

238. The CBSA System Outage Contingency Plan sets out the procedures for importing commercial goods in the event of a full CBSA system outage in all modes. Clients may contact the TCCU at 1-888-957-7224 for additional clarification.

Penalty Information

239. For information on administrative penalties, refer to Memorandum D22-1-1, Administrative Monetary Penalty System. Information on AMPS penalties is available on the CBSA external website.

240. Other administrative sanctions, such as the revocation of program privileges and penalties of Other Government Departments, may also be applicable.

Additional Information

241. For more information, within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time / except holidays). TTY is also available within Canada: 1-866-335-3237.

Appendix A

Pre-arrival Timeframes

The following chart summarizes the pre-arrival timeframes for transmitting Conveyance, Cargo, and Empty Cargo Container Data:

Conveyance Transmission Timeframes (cargo loaded in a country other than the United States)

Conveyances with containerized cargo	96 hours before arrival
Conveyances with break-bulk cargo	24 hours before arrival
Conveyances with bulk cargo	24 hours before arrival
Conveyances with empty marine containers	96 hours before arrival
Conveyances with a combination of goods described above	96 hours before arrival

Conveyance Transmission Timeframes (cargo loaded in the United States)

Conveyances with containerized, bulk or break-bulk	24 hours before arrival
Conveyances with empty containers	4 hours before arrival

Cargo Transmission Timeframes (cargo loaded in a country other than the United States)

Containerized cargo	24 hours before loading
Break-bulk cargo	24 hours before arrival
Bulk cargo	24 hours before arrival
Empty marine containers	96 hours before arrival

Cargo Transmission Timeframes (cargo loaded in the United States)

Containerized, bulk or break-bulk	24 hours before arrival
Empty marine containers	4 hours before arrival

Note: If the duration of the voyage is less than the pre-arrival timeframe required, data must be transmitted before the departure of the vessel to a port in Canada as outlined in Schedule 1 and Schedule 2 of the Reporting of Imported Goods Regulations.

Appendix B

Bulk Cargo

1. The CBSA defines bulk cargo as "Goods that are transported in large quantities without packaging or packing. This may include a carrier ship's hold, railcar, tanker, or trailer, etc." Bulk cargo is composed of either:

• (a) free flowing articles such as oil, fuel, grain, coal, ore and the like, which can be pumped or run through a chute or handled by dumping; or uniform cargo that generally must be shoveled, pumped, blown, scooped or forked in handling; or
• (b) uniform cargo that stows as solidly as bulk cargo and requires mechanical handling for lading and discharging.

Break-bulk Cargo

2. Break-bulk cargo is commercial goods that are neither transported within a cargo container nor in bulk (e.g. grain stowed loosely in the vessel's hold) and include goods such as oil and gas equipment, construction equipment, and automobiles.

Example: New and used vehicles will be classified as break bulk cargo. Although uniform in nature, vehicles have identifying marks (such as a Vehicle Identification Number (VIN)). One necessary aspect of bulk cargo is fungibility. The presence of a VIN removes that component from the shipment of new or used vehicles.

3. The difference between bulk and break-bulk cargo is not only based on the type of cargo, but also on the way in which the cargo is stowed or loaded. For example, goods stowed loosely in a hold (not in boxes or containers) will be considered bulk. Palletized boxes of those goods loaded directly into a hold (but not loose or containerized) will be considered break-bulk. Bulk or break-bulk goods in containers (whether on pallets, skids, etc. or not) are considered containerized cargo.

Sample List of Bulk Cargo Commodities and Commodity Types

This list maybe changed and updated as deemed appropriate by the CBSA

• Coils of steel and other metals
• Rails of steel and other metals
• Wire rods of steel and other metals (may be coiled or flat)
• Ingots of metal (precious or otherwise)
• Round bars of steel or other metal
• Deformed bars/rebars (of metal)
• Plates (of metal)
• Billets (of metal)
• Slabs (of metal)
• Pipes (of metal)
• Beams (of metal)
• Tubes/Tubing (of metal)
• Angles, shapes and sections (of metal)
• Sheets (of metal)
• Expanded metal
• Flat bars (of metal)
• Strand wire (of metal)
• Sawn Timber/Lumber as a commodity (not as packaging material)
• Paperboard/Fiberboard/Plywood as a commodity (not as packaging material)
• Paper products as a commodity (wood pulp, newsprint and paper rolls and not as packaging material)
• Certain perishable goods, not in boxes, bags or containerized, and not frozen, but laden and stowed in a way similar to other types of bulk cargo (includes seafood and produce)
• Blooms (similar to "billets" of metal)
• Anodes/Cathodes, in sheets only (may be corrugated)

Appendix C

List of Contacts for Unscheduled Diversions

National Targeting Centre (NTC)
Calls within Canada and the United States
Telephone:
1-855-NTC-1CNC (1-855-682-1262) (24 hours a day, 7 days a week)

Overseas callers
Telephone: 1-613-941-0004 (24 hours a day, 7 days a week)

NTC Marine E-mail: [email protected]

Technical Commercial Client Unit (TCCU)
1-888-957-7224 Calls within Canada and the United States
1-613-946-0762 for overseas callers
TCCU E-mail: [email protected]

Regions Contact Emails:

• Saint John, New Brunswick: [email protected]
• St. John's, Newfoundland: [email protected]
• Halifax, Nova Scotia: [email protected]
• Montréal, Quebec: [email protected]
• Prince Rupert, British Columbia: [email protected]
• Vancouver, British Columbia: [email protected]

Appendix D

Cargo Control Document Specifications (A6A, Freight/Cargo Manifest)

1. Privately printed cargo control documents must adhere to the format and specification instructions provided below. No deviation from the established format, as set out in the samples provided in this Appendix, will be permitted. Minor deviations, however, may be permitted in the field specifications, provided they do not impede the expeditious processing of the document by the CBSA.

2. Departmental approval is not required for the private printing of cargo control documents. However, a cargo control document that has been privately printed in a fashion which impedes its expeditious processing by the CBSA will be rejected by the CBSA for reporting purposes. In such instances, the carrier will have to reprint the cargo control document so that it meets the CBSA requirements.

3. The CBSA continually assesses forms and procedures with a view to instituting improvements. It is recommended, therefore, that carriers limit the printing of their cargo control documents to a supply sufficient to cover a period no longer than twelve months. This would preclude having surplus stock on hand in the event of revisions to the form.

4. The CBSA will assist carriers in ensuring that their privately printed cargo control documents meet the CBSA requirements.

5. Goods must be reported to the CBSA on one of the following forms:

• (a) an advice note aligned to the Economic Council of Europe (E.C.E.) layout (I.C.S. Bill of Lading format) with the inclusion of the carrier code, CCN and Entry/Acquittal Number fields in the upper and lower right corners of the document as per sample (1);
• (b) an advice note aligned to sample (2);
• (c) form A6A, Freight/Cargo Manifest, as per sample (3).

6. When the advice note is utilized as the support documentation to the form A6, General Declaration, inward report, the document set must provide for five CBSA copies to be placed in the following sequence:

• 1. Station Copy
• 2. Station Copy
• 3. Station Copy
• 4. Long Room Copy
• 5. CBSA Delivery Authority Copy

7. When the advice note is utilized only for distribution to the importer/broker for presentation to CBSA for release, the document set must include two CBSA copies: Long Room and CBSA Delivery Authority.

8. All the CBSA copies of the cargo control document are to be white in colour.

9. The copy designators as listed below are to be printed in the lower left corner of the CBSA copies:

• 1. Station Copy
• 2. Station Copy
• 3. Station Copy
• 4. To be delivered by consignee to CBSA Long Room Copy
• 5. To be delivered by consignee to CBSA Delivery Authority Copy

10. The designation for the releasing Border Services Officer's signature, as worded below, is to be printed on the face of the CBSA Delivery Authority copy in the lower right corner:

Note: The shipment described herein is now released to the warehouse operator.

Border Services Officer

11. Locations noted "Free Area" on the attached samples is for the carrier's use, i.e., rates and charges.

12. Provision must be made for container number and vessel (shipped per) fields.

13. The document size of the cargo control document differs by the format used. The ICS Bill of Lading format must be between 17 and 19.5 cm wide and no more than 28 cm in length. The width excludes a maximum allowance of 2.5 cm for side margin tear offs and continuous feed pinholes. The advice note format aligned to sample (2) must be between 17 and 19.5 cm wide and between 14 and 28 cm in length. The width excludes a maximum allowance of 2.5 cm for side margin tear offs and continuous feed pinholes.

14. The field sizes for the additional information to be shown on the ICS Bill of Lading format are as follows:

Field Identifier/Width/Depth

• Acquittal Number
  • 36/10 Standard
  • 30/10 Minimum
  • 6/6 Standard
• Carrier Code
  • 8/10 Standard
  • 4/6 Standard
  • 3/6 Minimum
• Cargo Control Number
  • 28/10 Standard
  • 22/10 Minimum
  • 4/6 Standard
  • 6/6 Standard
• Copy Designator to document width
  • 4/6 Standard
  • 3/6 Minimum

15. The field sizes for the advice note format aligned to sample (2) are as follows:

Field Identifier/Width/Depth

• Company logo, name and address
  • 53/10 Standard
  • 43/10 Minimum
  • 6/6 Standard
  • 4/6 Minimum
• Acquittal No.
  • 30/10 Standard
  • 6/6 Standard
  • 4/6 Minimum
• Manifested from
  • 25/10 Standard
  • 20/10 Minimum
  • 2/6 Standard to 25/10 Standard
  • 20/10 Minimum
  • 2/6 Standard
• Consignee name and address
  • 51/10 Standard
  • 41/10 Minimum
  • 4/6 Standard

Field Identifier/Width/Depth

• Carrier code
  • 8/10 Standard
  • 4/6 Standard
• Cargo control number
  • 22/10 Standard
  • 4/6 Standard
• Shipper name and address
  • 51/10 Standard
  • 41/10 Minimum
  • 4/6 Standard
• Foreign point of lading
  • 30/10 Standard
  • 2/6 Standard
• Location of goods
  • 30/10 Standard
  • 2/6 Standard
• No. of packages
  • 7/10 Standard
  • 5/10 Minimum
  • 9/6 Standard
• Description and marks
  • 33/10 Standard
  • 9/6 Standard
• Weight
  • 81/10 Standard
  • 71/10 Minimum
  • 4/6 Standard
• Copy designator
  • 81/10 Standard
  • 71/10 Minimum
  • 4/6 Standard
  • 3/6 Minimum

References

Issuing office:

Transporter and Cargo Control Programs Unit
Program and Policy Management Division
Commercial Program Directorate
Commercial and Trade Branch

Headquarters file:

7700-1

Legislative references:

Customs Act
Canada Shipping Act
Coastal Fisheries Protection Act
Excise Act
Excise Tax Act
Immigration and Refugee Protection Act
Plant Protection Act
Quarantine Act
Customs Tariff
Accounting for Imported Goods and Payment of Duties Regulations
Customs Bonded Warehouse Regulations
Plant Protection Regulations
Reporting of Imported Goods Regulations
Ships’ Stores Regulations
Special Services Regulations
Transportation of Goods Regulations

Other references:

D1-2-1, D2 Memoranda series, D2-1-1, D2-1-2, D2-3-7, D2-5-12, D3-1-1, D3-1-8, D3-3-1, D3-4-2, D3-5-7, D3-6-6, D4-1-4, D11-5-15, D17-1-4, D19 Memoranda series, D19-1-1, D22-1-1, D23-2-1
Marine Electronic Commerce Client Requirements Document (ECCRD)
Customs Notice 17-30, Implementation of the Canada–European Union Comprehensive Economic and Trade Agreement (CETA)
Customs Notice (18-12), Coasting Trade Vessels Leaving Canadian Waters
International Waste Directive