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MEMORANDUM D19-12-1

Ottawa, November 8, 2002

In Brief

IMPORTATION OF VEHICLES

1. This Memorandum has been amended to reflect revisions to Transport Canada Form 13-0132, Vehicle Import Form - Form 1, which came into effect October 1, 2000, and to provide detailed procedures associated with vehicle registration under the new Registrar of Imported Vehicles (RIV) Program, which also came into effect October 1, 2000.

2. This Memorandum also includes the new procedures for the registration and inspection of salvage vehicles under the RIV Program, which came into effect March 1, 2002, and the new Transport Canada Form 13-0150, Vehicle Imported for Parts Form - Form 3, which also became effective March 1, 2002.


MEMORANDUM D19-12-1

Ottawa, November 8, 2002

IMPORTATION OF VEHICLES

The Canada Customs and Revenue Agency (CCRA) assists Transport Canada with the administration of the Motor Vehicle Safety Act and the Motor Vehicle Safety Regulations by administering and enforcing the conditions under which new and used vehicles may be imported at customs points of entry. The Motor Vehicle Safety Act regulates the importation of vehicles to reduce the risk of death, injury, and damage to property and the environment. The CCRA also assists the Canadian Food Inspection Agency (CFIA) with the administration of the Plant Protection Act by enforcing the conditions under which used vehicles may be imported at customs points of importation. The Plant Protection Act regulates the importation of injurious plant pests that can be transported in soil and related matter.

TABLE OF CONTENTS

Legislation

The importation of vehicles into Canada are subject to import requirements under the Motor Vehicle Safety Act and Regulations, the Plant Protection Act, and the Customs Tariff. This Memorandum deals specifically with the requirements relating to Transport Canada and the Canadian Food Inspection Agency (CFIA) with a brief reference to the customs prohibition that applies to used and second-hand vehicles under the Customs Tariff.

Motor Vehicle Safety Act

Section 6 reads:

6. No person shall import into Canada a vehicle of a prescribed class unless the requirements of paragraphs 5(1)(a), (b), (d) and (e) are satisfied in respect of the vehicle.

Paragraphs 7(1)(a) and (b) and subsection 7(2) read:

7. (1) Sections 5 and 6 do not apply in respect of the importation of a vehicle or equipment if

(a) the person importing the vehicle or equipment makes a declaration in the prescribed form and manner that the vehicle or equipment will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing and will remain in Canada for not longer than one year or such other period as the Minister specifies in relation to the vehicle or equipment; or

(b) the vehicle or equipment is being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country.

(2) Except as otherwise provided by the regulations, a vehicle that has been sold at the retail level in the United States and that fails to satisfy an applicable requirement of section 5 or 6 may be imported into Canada notwithstanding that section if the person importing the vehicle makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province, the vehicle

(a) will be made to conform to that requirement; and

(b) will be certified in the prescribed form and manner to so conform by such person as may be designated by the regulations.

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Motor Vehicle Safety Regulations

Paragraphs 12(3)(e) and (f) read:

12.(3)(e) where person is importing the vehicle for sale or for any commercial, industrial, occupational, institutional or other like use, the vehicle is imported at a customs office designated in Schedule VIII; and

12.(3)(f) the person registers the vehicle with the Registrar of Imported Vehicles, and makes a declaration, in the manner set out in subsection (6).

Plant Protection Act

Paragraphs 7(1)(a), (b), and (c) read:

7. (1) No person shall import or admit into Canada or export from Canada any thing that is a pest, that is or could be infested with a pest or that constitutes or could constitute a biological obstacle to the control of a pest, unless

(a) the thing is or has been presented to an inspector in accordance with subsection (2) at a place designated by the regulations or by an inspector;

(b) the person has produced to an inspector all permits, certificates and other documentation required by the regulations; and

(c) the thing is imported or exported in accordance with any other requirements of the regulations.

Customs Act

Section 101 reads:

101. Goods that have been imported or are about to be exported may be detained by an officer until he is satisfied that the goods have been dealt with in accordance with this Act, and any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, and any regulations made thereunder.


GUIDELINES AND GENERAL INFORMATION

1. Vehicles that are presented for importation into Canada must comply with all legislative provisions that apply prior to customs release.

TRANSPORT CANADA REQUIREMENTS

2. Importers are responsible for determining whether the vehicles that they are about to import comply with all the Transport Canada import requirements. The Transport Canada requirements can be complex and importers must contact Transport Canada directly (or the Registrar of Imported Vehicles [RIV], where applicable) concerning vehicle eligibility.

3. Importers referring to this Memorandum are cautioned that it contains general guidelines and information pertaining to the customs administration of the Transport Canada import requirements and is not intended to replace the Motor Vehicle Safety Act and Regulations.

4. The CCRA assists Transport Canada by ensuring that vehicles meet the import requirements before authorizing customs clearance.

Definitions

5. For the purpose of the administration of the Motor Vehicle Safety Act and Regulations, the following definitions will apply:

(a) "commercial importation" means goods imported into Canada for sale or for any commercial, industrial, occupational, institutional, or other like use;

(b) "personal or non-commercial importation" means a vehicle acquired for the importer's personal use;

(c) "temporary resident" means

(1) a person who is not a resident of Canada and who resides temporarily in Canada for the purpose of

(i) studying at an educational institution,

(ii) employment for a period not exceeding 36 months, or

(iii) performing preclearance activities on behalf of the Government of the United States under the terms of the Agreement between the Government of Canada and the Government of the United States of America on Air Transport Preclearance, dated May 8, 1974, and who produces on arrival in Canada a valid card or employment authorization issued by the Government of Canada certifying that person to be an employee of the Government of the United States performing those activities in Canada;

(2) the spouse or any dependants of a person described in subparagraph 5(c)(1)(i) or (ii); and

(3) the spouse or any dependants of a person described in subparagraph 5(c)(1)(iii), if the spouse or dependant produces on arrival in Canada a valid card or employment authorization issued by the Government of Canada certifying the spouse or dependant to be the spouse or dependant of a person described in subparagraph 5(c)(1)(iii);

(d) "visitor" means a person who is not a resident or a temporary resident and who enters Canada for a period not exceeding 12 months;

(e) "vehicle" means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails. Transport Canada considers the following as vehicles: antique reproduction vehicle, bus, chassis-cab, competition car, motorcycle, multi-purpose passenger vehicle (some examples are motorhome, van, minivan, 4×4, and jeep), passenger car, limousine, restricted use motorcycle, electric bicycle, snowmobile, snowmobile cutter, trailer (some examples are utility, horse, boat, car dollies), trailer with equipment mounted on it, trailer converter dolly, truck, and any other vehicle deemed a prescribed vehicle class under the Motor Vehicle Safety Regulations;

(f) "used vehicle" means a vehicle that has been sold at the retail level;

(g) "new vehicle" means a vehicle that has never been sold at the retail level, and has never been owned or registered;

(h) "RIV" refers to the company, the Registrar of Imported Vehicles, that entered into a contract with Transport Canada to establish and operate a national program of vehicle inspection and certification;

(i) "RIV Program" refers to the national program that ensures qualifying vehicles purchased at the retail level in the United States are modified, inspected, and certified to comply with the Canadian Motor Vehicle Safety Standards, as established by Transport Canada in April 1995;

(j) "designated customs office" refers to customs offices that are designated under Schedule VIII of the Motor Vehicle Safety Regulations as locations where commercial vehicle imports are required to register into the RIV Program prior to customs clearance;

(k) "non-designated customs office" refers to all other customs offices that are not considered designated for the purpose of the RIV Program; and

(l) "Canadian specification vehicle" refers to a vehicle built to comply with the Canadian Motor Vehicle Safety Standards, or CMVSS.

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Application

6. The Transport Canada requirements apply to vehicles manufactured in the United States that are less than 15 years old and buses manufactured on or after January 1, 1971. Refer to paragraph 5(e) for the definition of a vehicle.

7. Not all vehicles that are manufactured for sale in the United States can be imported into Canada. To determine whether a U.S. specification vehicle is admissible for importation into Canada, refer to Appendix E.

8. Appendix I outlines the conditions that each vehicle type must meet in order to be eligible for importation (e.g., certification, Vehicle Identification Number [VIN], admissibility). The Appendix also provides definitions of each vehicle type.

9. Vehicles presented for customs clearance will be processed under one of the following Transport Canada importation categories:

(a) vehicles required to enter the RIV Program; or

(b) vehicles not required to enter the RIV Program.

10. All other vehicles are not admissible for permanent importation into Canada (e.g., foreign vehicles less than 15 years old, grey market vehicles).

VEHICLES REQUIRED TO ENTER THE RIV PROGRAM

Vehicles Manufactured for the United States Market

11. Vehicles less than 15 years old and buses manufactured on or after January 1, 1971, that were originally manufactured for the United States market, are generally eligible for entry provided the vehicle is:

(a) certified by the original manufacturer (demonstrated by a statement of compliance label affixed to the unit or by a letter from the manufacturer) to comply with all United States Federal Motor Vehicle Safety Standards (US FMVSS). U.S. certification normally appears on the SOC label with the following statement:

This vehicle conforms to the applicable federal motor vehicle
safety, bumper and theft prevention standards in effect on the
date of manufacture shown above.

or

This vehicle conforms to all applicable U.S. federal motor vehicle
safety standards in effect on the date of manufacture shown above.

Note: Passenger cars and pickup trucks manufactured by Chrysler, Ford, and General Motors are eligible into Canada even if they do not bear a statement of compliance label. These companies have confirmed to Transport Canada that such vehicles have been produced in the United States and are certified to comply with all applicable U.S. Federal Motor Vehicle Safety Standards;

(b) certified by the original manufacturer (demonstrated by a statement of compliance label affixed to the unit) to comply with the Snowmobile Safety Certification Committee (SSCC) or with the Canadian Motor Vehicle Safety Standards (CMVSS) where the vehicle is a snowmobile (refer to Appendix J);

(c) identified as "admissible" in Appendix E;

(d) issued a 17-character VIN in accordance with the VIN requirements outlined in the notes section of Appendix I; and

(e) considered a vehicle, as demonstrated by the submission of a copy of the certificate of title or salvage, when the vehicle is a salvage vehicle.

12. The procedures for processing vehicles required to enter the RIV Program are outlined in Appendix A.

13. Designated locations are customs sites where commercial importations of vehicles are required by regulation to be registered into the RIV Program. This entry restriction applies only to commercial shipments. Travellers required to enter their vehicles into the RIV Program can do so at either a designated or non-designated site. Where a commercial shipment of vehicles is reported at a non-designated customs office, it will be re-routed to the closest designated location (unless the shipment is by rail, marine, or air modes of transportation in which case the importer may report to a non-designated site to register the vehicle with the RIV Program).

14. The RIV Program ensures that qualifying vehicles manufactured for the United States market are modified, inspected, and certified to comply with the Canadian safety standards prior to being registered with a provincial or territorial licensing authority. Not all vehicles that are purchased or acquired in the United States can be modified to comply with the Canadian standards and are eligible for importation (refer to Appendix E).

15. A program fee is payable to the RIV for each vehicle unit entered into the RIV Program. Importers have 45 days in which to perform the necessary modifications and have the vehicle inspected by a RIV-authorized inspection centre.

16. Importers who enter their vehicle into the RIV Program acknowledge that their vehicle may not be able to be modified to comply with the Canadian Motor Vehicle Safety Standards (box 17 of the Vehicle Import Form - Form 1). If the vehicle cannot be modified, the RIV will notify the importer that the vehicle must be exported.

Salvage Vehicles

17. Salvage vehicles can be imported as vehicles or as parts or scrap. Appendix C outlines the requirements and procedures applicable for both types of importation.

Leased Vehicles

18. Leased vehicles from the United States may be presented for importation by returning residents or settlers. A leased vehicle must meet the Transport Canada import requirements if it is being permanently imported, e.g., be registered with the RIV Program. If the leased vehicle is prohibited, it cannot be imported.

19. The importer should contact the leasing company to advise them that the vehicle will be exported from the United States and that it will be modified to comply with the Canadian safety standards (registered with the RIV Program). There is no obligation upon customs to have the traveller provide proof of such notification.

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United States Federal Motor Vehicle Safety Standards Vehicles - Acquired in Foreign Countries

20. Vehicles acquired in foreign countries other than the United States and designed, manufactured, tested and certified to meet United States Federal Motor Vehicle Safety Standards and bearing a statement of compliance label affixed by the original manufacturer, may be eligible for importation into Canada provided the vehicles have not been altered and the certification from the original manufacturer is still affixed to the vehicles.

21. These vehicles are treated by Transport Canada as if they were imported from the United States and if admissible, would be processed into the RIV Program.

Note: If the vehicles are used or second-hand and manufactured prior to the calendar year in which they would be imported into Canada, they may be prohibited. The Used or Second-Hand Motor Vehicle Regulations provide exemptions to this prohibition which are outlined in Memorandum D9-1-11, Importation of Used or Second-Hand Motor Vehicles.

VEHICLES NOT REQUIRED TO ENTER THE RIV PROGRAM

22. Vehicles that are not required to enter the RIV Program are those that comply with the Canadian Motor Vehicle Safety Standards (CMVSS) or that qualify for an exempt provision provided that they meet the conditions set out in the following paragraphs.

CMVSS Vehicles - Authorized Importers

23. Transport Canada authorizes certain commercial importers to import vehicles that are built specifically for the Canadian market. These importers are listed in Appendix F and Appendix G. The vehicles are new and have never been owned or licensed, and are certified by the manufacturer to comply with the Canadian Motor Vehicle Safety Standards.

24. Appendices F and G identify authorized importers by company name which must correspond with the name of the importer of record identified on the customs entry documentation. Appendix G also identifies the specific vehicle types and manufacturers that an authorized importer may import.

Note: Where an importer is not identified in either Appendix F or G, or where the vehicle type or manufacturer does not match the details provided in Appendix G, then the importer must submit written authorization from Transport Canada to qualify as an authorized importer.

25. Authorized importers listed in Appendices F and G can use the Pre-Arrival Review System (PARS). When the broker presents a PARS package for an authorized importer listed in Appendix G, the authorized importer or the broker submits a completed Vehicle Import Form - Form 1 and will receive the white and gold copies upon release. Brokers are responsible for ensuring that their clients receive copies of the form. The carrier/driver is never given the form; he is given the stamped photocopy of the invoice as receipt of the release decision.

Note: Where a release decision has been made and the shipment has not arrived, the Vehicle Import Form - Form 1 must be pulled and voided. Once the form is voided, it may be returned to the broker.

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CMVSS Vehicles - Returning Canadian Vehicles

26. For Transport Canada purposes, returning Canadian vehicles are exempt from entering the RIV Program when former residents of Canada return to live in Canada, bringing back the same vehicle they exported, after working or living abroad. The following conditions apply:

(a) the vehicles are certified by the original manufacturer to comply with the CMVSS;

(b) the individuals can substantiate that the vehicles were purchased or registered by them in Canada prior to their departure; and

(c) the vehicles did not undergo substantial modifications or alterations while abroad.

27. Canadian specification vehicles that were permanently exported to the United States, such as in the case of a trade-in or a sale where a change in ownership occurred, and are later presented for importation by another individual, are not considered returning Canadian vehicles for Transport Canada purposes. The vehicles must be entered into the RIV Program as a condition for release.

Note: Where an individual temporarily exports a Canadian specification vehicle for the purpose of having modifications or alterations, there may be implications regarding the CMVSS certification of the vehicle. Depending on the nature and extent of the modifications, the vehicle may be required to be certified by the company that performed the work in order to still comply with the CMVSS. Where a vehicle is not certified to comply with the CMVSS, then it will no longer be considered a Canadian-specification vehicle. In these cases, the vehicle will not qualify for importation into Canada and will have to be exported. Examples of extensive modifications or alterations are: vehicles stretched into limousines, vehicles fitted with wheel-chair access, etc. Customs will contact Transport Canada for a determination on the status of the vehicle prior to authorizing release.

CMVSS Vehicles - Manufacturer's Foreign Delivery Program

28. Travellers may arrange for the purchase of a vehicle that they will pick up directly from a foreign manufacturer. The vehicle can enter as a Canadian-specification vehicle provided:

(a) it is certified by the original manufacturer to comply with the CMVSS, as evidenced by a statement of compliance label affixed to the vehicle by the original manufacturer or a letter from the manufacturer; and

(b) the vehicle is purchased new (where the importer is the first owner).

RIV Program Exemptions

29. Vehicles are exempt from complying with the Canadian Motor Vehicle Safety Standards at the point of entry into Canada if:

(a) the vehicles are 15 years old or older, or are buses manufactured before January 1, 1971; the importer must be able to demonstrate the age of the vehicle;

(b) the vehicles are entering temporarily with:

(1) visitors, for a period not exceeding 12 months; temporary residents such as students studying at an institution of learning, for the duration of their studies in Canada; or individuals with valid work permits/authorizations for employment for a period not exceeding 36 months;

(2) diplomats, if authorization in writing has been granted from the Department of Foreign Affairs and International Trade, for the duration of the person's posting in Canada;

(3) visiting forces personnel, for the duration of their assignment in Canada; and

(4) United States preclearance personnel and their dependents, for the duration of the United States Officer's posting in Canada.

Note: Vehicles imported temporarily under one of these conditions cannot be sold or otherwise disposed of while in Canada, and cannot remain in Canada longer than the time constraints listed on persons' work permit, student visa, or other customs or immigration documents. Once these time limits have been exceeded, the vehicle no longer qualifies for temporary entry and must be exported. Should the temporary status of persons entering the vehicle change while they are in Canada, the vehicle will have to be either permanently imported, if it qualifies, or exported.

(c) the vehicles are entering temporarily for exhibition, demonstration, evaluation, testing, or other special purposes; the importer must submit written approval from Transport Canada. Written approval is in the form of a Transport Canada endorsed Schedule VII from the Motor Vehicle Safety Regulations. These vehicles cannot be sold, leased, or used in any other way than as specified by Transport Canada and must be exported by the date specified on Schedule VII. Transport Canada defines "exhibition," "demonstration," "evaluation," "testing," and "special purposes" as set out below:

(1) "exhibition" applies to events where vehicles of various manufacturers or producers are displayed (e.g., exhibits for auto shows);

(2) "demonstration" applies to shows of vehicle models or types to prospective clients, or for use in promotional-type events (e.g., vehicle prototypes);

(3) "evaluation or testing" applies to vehicles imported by companies to determine whether a vehicle is operating or performing properly, or effectively in particular environments or circumstances (e.g., cold-weather testing). The requirement to submit written authorization from Transport Canada is waived for low-risk importers (where no customs documentation or security deposit is required) identified under the Cold Weather Testing Program (refer to customs notices issued on this program); and

(4) "special purposes" applies to vehicles imported for the purpose of undergoing further manufacturing prior to export (does not include repair), or conducting works or operations that require a specially designed vehicle for entertainment industry production, civil engineering projects or similar works or operations.

(d) the vehicles are work vehicles;

(1) only those vehicles that meet the definition of a work vehicle can be imported without complying with the CMVSS. Refer to Appendix I for the definition of a work vehicle; and

(2) agricultural units and equipment are not considered vehicles for Transport Canada purposes and are not subject to a Transport Canada import requirement (e.g., farm tractors and manure spreaders); and

(e) the vehicles are travelling in-transit through Canada and

(1) are not destined for consumption in Canada;

(2) are only in Canada for the purpose of going to another country; and

(3) will not be modified or altered while in Canada.

30. Appendix B outlines the procedures to process a vehicle that qualifies for importation without entering the RIV Program (e.g., visitor, temporary resident, work vehicle, vehicle is 15 years old or older).

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PROHIBITED VEHICLES

Vehicles Manufactured for a Foreign Market

31. Vehicles less than 15 years old and buses manufactured on or after January 1, 1971, that are manufactured for a foreign market (a market other than the United States), do not comply with the Canadian Motor Vehicle Safety Standards. These vehicles are permitted entry only if they qualify for one of the provisions stated in paragraph 29.

Grey Market Vehicles

32. Grey market vehicles are foreign-specification vehicles that are re-certified by a United States company. They were originally manufactured for the domestic market of a foreign country and were subsequently imported into the United States where they have been modified to comply with the United States safety and emissions standards. Grey market vehicles may be identified by a label affixed by the United States company that altered the vehicle, indicating that they have been "imported," "altered," or "modified" to comply with the United States standards. These vehicles may not have a certification label affixed to them. Grey market vehicles are ineligible for entry to Canada and are to be processed in accordance with paragraphs 40 and 41.

Kit Cars

33. Kit cars are treated as vehicles whether they are presented for importation as a fully assembled vehicle, or as an unassembled vehicle in a kit.

34. A kit car does not meet the import requirements for the SOC label, the 17-character VIN, or admissibility status. Therefore, it is not permitted entry unless it was assembled more than 15 years ago and the importer can submit proof of age, e.g., a registration document. The age of a kit car is determined by the date the reproduction was assembled rather than the model year of the reproduction or the date of manufacture of a donor car. If in doubt, contact Transport Canada for a determination on the kit car's eligibility.

Diplomats

35. Diplomats are documented as temporary residents and are issued a Vehicle Import Form - Form 1 indicating full restrictions against disposal.

36. Non-complying vehicles temporarily imported by diplomats are exempt from complying with the Transport Canada requirements provided that the authorization in writing has been granted from the Department of Foreign Affairs and International Trade (DFAIT) and the vehicles are exported at the end of the individuals' postings. Should the temporary status change, then the Transport Canada requirements apply and the vehicles must be exported or permanently imported if they qualify.

37. Additional information is contained in Memorandum D21-1-1, Customs Privileges for Diplomatic Missions, Consular Posts, and International Organizations (Tariff Item No. 9808.00.00).

Hardship Provision for Travellers

38. In special circumstances, travellers only may be permitted to temporarily import prohibited vehicles as a result of an emergency or unforeseen circumstance. These vehicles are processed in accordance with Memorandum D2-4-1, Temporary Importation of Conveyances by Residents of Canada.

39. In the case of commercial importations, prohibited vehicles will not be permitted temporary entry as a result of an emergency or unforeseen circumstance.

Treatment

40. A vehicle that does not comply with the Transport Canada import requirements is not eligible for importation and is:

(a) denied entry by customs; or

(b) detained by customs.

41. Prohibited vehicles that are detained are either exported or abandoned to the Crown by the importer or forfeited to the Crown.

Detention

42. Customs inspectors have the authority to detain prohibited vehicles that do not meet the Transport Canada import requirements under section 101 of the Customs Act.

43. Detained vehicles presented by travellers will be documented on Form K24, Non-Monetary General Receipt. Detained vehicles presented by commercial importers will be documented on Form K26, Notice of Detention, and in addition, the accounting package presented for release will be rejected. These documents must indicate that the vehicle is detained for non-compliance under the Motor Vehicle Safety Act and Regulations and is to be exported or destroyed. A copy of Form K24 or Form K26 is forwarded to Transport Canada as notification of the detention.

Storage

44. Detained vehicles become subject to the guidelines and procedures outlined in Memorandum D4-1-5, Storage of Goods Regulations. Vehicles are detained pending disposal.

45. Importers can appeal a customs detention decision by contacting Transport Canada.

46. The time limit for storage outlined in Memorandum D4-1-5 will be upheld at all times unless Transport Canada authorizes an extension. The importer is responsible for the costs associated with storage.

Disposal

47. Prohibited vehicles that are abandoned or forfeited to the Crown will be destroyed by crushing or cubing under customs supervision.

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VEHICLE IMPORT FORM - FORM 1

48. A revised Vehicle Import Form - Form 1, published October 2000, is reproduced in Appendix D.

49. A form is issued for all vehicles imported into Canada, except for:

(a) authorized importers identified in Appendix F;

(b) tourists or visitors to Canada (unless they will be required to licence their vehicles in a province or territory, e.g., diplomats, persons holding work permits or student visas);

(c) agricultural units and equipment;

(d) in-transit vehicles; and

(e) low-risk importers under the Cold Weather Testing Program, as set out in paragraph 29(c)(iii).

50. Authorized importers identified in Appendix G must submit a Vehicle Import Form - Form 1 to obtain release. One form can be submitted with an attachment listing several vehicles, rather than submitting one Vehicle Import Form - Form 1 per vehicle. The consolidation sheet shall include the vehicle identification number, make and model, date of manufacture of the vehicle, and vehicle class for each vehicle being imported. Customs will stamp the consolidation sheet with a customs office date stamp and will notate the transaction number.

51. Information regarding the use of the section Notice to Provincial/Territorial Licence Authority K22, found on Vehicle Import Form - Form 1, is contained in Memorandum D2-6-2, Vehicle Importation Disposal Restrictions -
Form 13-0132, Vehicle Import Form - Form 1
.

Licensing

52. A properly completed Vehicle Import Form - Form 1 contains two stamps. For vehicles not required to enter into the RIV Program, customs will stamp the K22 section and box 16. For vehicles required to enter the RIV Program, customs will stamp the K22 section and the RIV inspection centre will stamp box 17.

CUSTOMS TARIFF

53. Tariff item 9897.00.00 of the Customs Tariff prohibits entry of used or second-hand vehicles. The Used or Second-Hand Motor Vehicle Regulations provide exemptions to this prohibition which are outlined in Memorandum D9-1-11, Importation of Used or Second-Hand Motor Vehicles.

54. However, all vehicle importations are subject to the Transport Canada import requirements even though they may have been exempted from the customs prohibition.

CANADIAN FOOD INSPECTION AGENCY (CFIA) REQUIREMENTS

55. Imported used vehicles, farm equipment, and related earth moving vehicles and equipment arriving in Canada from countries other than the continental United States are frequently found contaminated with soil and related debris. Many exotic plant pest organisms capable of causing economic loss to Canadian agricultural production can be transported in soil and related matter.

56. The following are subject to import requirements, and inspection procedures and fees in order to prevent the entry and establishment of injurious plant pests in Canada:

(a) used agricultural vehicles, equipment, implements, containers, and carriers;

(b) used earth moving vehicles, equipment, implements, tools, carriers and containers;

(c) used passenger and recreational vehicles; and

(d) used military equipment.

57. All regulated commodities must be washed free of sand, soil, earth, and plant residue in the country of origin.

58. Shipments originating in the U.S. state of Hawaii and all other countries must be referred to the Canadian Food and Inspection Agency (CFIA) at the first point of arrival for authority to release.

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PENALTY INFORMATION

59. Every corporation that contravenes any provision of the Motor Vehicle Safety Act is guilty of an offence and is liable:

(a) on summary conviction, to a fine not exceeding $100,000; or

(b) on indictment, to a fine not exceeding $1,000,000.

60. Every individual who contravenes any provision of the Motor Vehicle Safety Act is guilty of an offence and is liable:

(a) on summary conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months, or to both; or

(b) on indictment, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years, or to both.

ADDITIONAL INFORMATION

61. For information about the Transport Canada import requirements for vehicles manufactured for the United States market and for information about the RIV Program, clients should contact:

Registrar of Imported Vehicles
5th floor
405 The West Mall
Toronto ON M9C 5K7

Telephone: 1-888-848-8240 (toll-free from within Canada or the United States) or
(416) 626-6812 (all other countries)
Facsimile: 1-888-346-8235
Web site: www.riv.ca

62. For information about the Transport Canada import requirements for vehicles manufactured for markets other than in the United States and Canada, to become an authorized importer, or to fax notices of detention, contact:

Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
8th floor
Place de Ville, Tower C
330 Sparks Street
Ottawa ON K1A 0N5

Telephone: 1-800-333-0371 (toll-free in Canada and the United States) or
(613) 998-8616
Facsimile: (613) 998-4831
Web site: www.tc.gc.ca

63. For information about the Canadian Food Inspection Agency (CFIA) requirements, contact one of the following Import Service Centers (ISC):

Eastern ISC (Montréal)
Telephone: 1-877-493-0468 (toll-free in Canada and the United States)
1-514-493-0468 (all other countries)
Facsimile: (514) 493-4103
Central ISC (Toronto)
Telephone: 1-800-835-4486 (toll-free in Canada and the United States)
1-905-612-6285 (all other countries)
Facsimile: (905) 612-6280

Western ISC (Vancouver)
Telephone: 1-888-732-6222 (toll-free in Canada and the United States)
1-604-666-7042 (all other countries)
Facsimile: (604) 541-3373
CFIA Web site: www.cfia-acia.agr.ca

64. Questions or concerns about the customs administration and procedures should be directed to the nearest local customs office.

PROGRAM SUPPLIES

65. Customs offices can requisition program materials (Vehicle Import Form - Form 1, RIV payment envelopes, RIV posters, RIV pamphlets called How to Import a Vehicle Into Canada, Vehicle Imported for Parts Form - Form 3) from their regional distribution centre.

66. When ordering materials, customs offices must ensure they quote the following Corporate Administrative Systems (CAS) numbers:

(a) for Vehicle Import Form - Form 1: 13-0132-1, CAS No. 20013821

(b) for envelopes: 13-0132-2, CAS No. 20013822

(c) for posters: 13-0132-3, CAS No. 20013823

(d) for pamphlets in English: 13-0132-4, CAS No. 20013824

(e) for pamphlets in French: 13-0132-4, CAS No. 20013865

(f) for Vehicle Imported for Parts Form - Form 3: 13-0150, CAS No. 20018931

67. Customs offices can also requisition the CCRA brochure called Importing a Vehicle Into Canada from their regional distribution centre by quoting RC4140.

68. Importers can requisition the Vehicle Import Form - Form 1 and Vehicle Imported for Parts Form - Form 3 directly from Transport Canada at the address in paragraph 62.


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Last updated: 2002-11-08 Top of page
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