Starting this Spring, the eManifest initiative will require highway mode carriers, importers, brokers, and freight-forwarders to submit their commercial information prior to arriving at the border. eManifest builds on the Advance Commercial Information ("ACI") program that seeks to create a paperless trade environment by requiring carriers to submit information about their cargo and other details electronically.
By receiving cargo data prior to border crossings, Canada Border Services Agency ("CBSA") officers are aiming to keep low-risk goods flowing safely and smoothly into Canada, while identifying high risk shipments before they arrive. The CBSA will rely on automated risk assessment technology to determine whether a shipment is of high, low or unknown risk. The implementation of this initiative seeks to expedite administrative processing and ultimately reduce delays, congestion and idling at the border by limiting the time most carriers have to spend there.
Due to the enormity of implementing such an ambitious program, eManifest will be rolled out in four phases over the next four years:
Phase I is set to commence in the Spring of 2010 with the electronic data interchange ("EDI") becoming functional and allowing highway carriers to begin transmitting cargo and conveyance data. A free web-based portal will also be launched and will allow transporters to submit data, verify status, perform queries, and generate reports.
Phase II will be launched in the Fall of 2010 and will extend EDI to rail transport.
Phase III, to be launched in the Summer of 2011, will require freight-forwarded to begin transmitting secondary information (e.g., secondary cargo, house bill data).
Phase IV will see importers begin transmitting importer admissibility data.
It is expected that eManifest will be fully implemented by the Spring of 2014. Conscious that eManifest requires businesses to make important changes to their internal processes, the commencement of each phase will be followed by a 12-month period allowing carriers to incorporate eManifest requirements into their business processes. This initial period will be followed by an additional 6 month grace period where administrative monetary penalties ("AMPs") will not be applied for non-compliance.
Requirements under eManifest are being introduced in a phased and flexible manner. However, businesses should consider amending their processes as soon as possible so as to ensure eManifest compliance and avoid being potentially subject to AMPs.
Darrel H. Pearson Imran Ahmad
416-777-4811 416-777-6259
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Bennett Jones LLP Bennett Jones LLP
Canadian Counsel to the ICPA Canadian Counsel to the ICPA
