Cross-border freight moves through two customs administrations, and enforcement lands on whoever is holding the load. A single event can produce a seizure, an administrative monetary penalty, a cargo claim from the shipper and a broker chargeback — each with its own review process and deadline.
Customs enforcement instruments carry short statutory review windows, and they run from the date of the notice. The specific period depends on the instrument, which is why the notice itself is the first thing counsel needs to see.
Liability as between carrier, broker and shipper is usually governed by the contract of carriage and the broker-carrier agreement, even though the enforcement action is directed at whoever transported the goods.
It affects your ability to dispatch that driver on cross-border work and can, depending on the circumstances, attract scrutiny of the carrier's own compliance.
This page provides general legal information about Ontario law. It is not legal advice, and reading it does not create a solicitor-client relationship.
Facing a regulatory or commercial transportation issue? Speak with counsel.