Importation of Vehicles
Memorandum D19-12-1

ISSN 2369-2391

Ottawa, August 14, 2019

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This memorandum outlines and explains the legislation, regulations and general guidelines that apply to the importation of vehicles.

Legislation

Customs Act – Section 101

Motor Vehicle Safety Act – Sections 6, 7, and 15

Plant Protection Act – Section 7(1)

Motor Vehicle Safety Regulations – Section 12(3)(f)

Motor Vehicle Tire Safety Regulations

Guidelines and General Information

Acronyms and Definitions

Acronyms

"ATV" means All Terrain Vehicle

"CBC" means Case-by-Case

"CBSA" means Canada Border Services Agency

"CMVSS" means Canadian Motor Vehicle Safety Standards

"CoT" means Certificate of Title

"ECCC" means Environment and Climate Change Canada

"FMVSS" means Federal Motor Vehicle Safety Standards

"GST" means Goods and Services Tax

"IID" means Integrated Import Declaration

"LPCO" means Licences, Permits, Certificates and Others

"MVSA" means Motor Vehicle Safety Act

"MVSR" means Motor Vehicle Safety Regulations

"OGD" means Other Government Department

"OEM" means Original Equipment Manufacturer

"RIV" means Registrar of Imported Vehicles

"SO" means Service Option

"SoC" means Statement of Compliance

"SUV" means Sport Utility Vehicle

"SWI" means Single Window Initiative

"TC" means Transport Canada

"US" means United States

"UTV" means Utility Terrain Vehicles

"VIC List" means Vehicle Import Compatibility List

"VIN" means Vehicle Identification Number

Definitions

1. For the purpose of the administration of the MVSA and the MVSR and vehicle border clearance for imported vehicles, the following definitions will apply:

Appendix F Pre-clearance Program

refers to TC's pre-cleared list of authorized Canadian companies importing new Canadian Motor Vehicle Safety Standards (CMVSS) vehicles.

Appendix G Pre-clearance Program

refers to TC's pre-cleared list of foreign manufacturers  manufacturing new CMVSS vehicles.

Case-by-Case (CBC) Importation

refers to TC’s standard importation process outside of the Appendix F or G Pre-clearance Programs. Upon successfully meeting TC’s requirements for CBC importation, the Canadian importer of new CMVSS, Vehicle Identification Number (VIN) specific vehicles will receive a letter from TC, which will contain the CBC authorization number that needs to be presented at the border or in the case of the Single Window Initiative (SWI), entered into the Integrated Import Declaration (IID) (Service Option (SO) 911) to allow the importation of those vehicles.

CMVSS Vehicle or Canadian Specification Vehicle or Canadian Certified Vehicle

means a vehicle built and certified to CMVSS at the time of main assembly and bearing a Statement of Compliance (SoC) label to that effect.

Commercial Vehicle Importation

refers to the commercial importation of vehicle(s) for the purpose of selling them on the Canadian market (i.e. for the purpose of sale or for commercial, industrial, occupational, or institutional or other like use in Canada). These can be new CMVSS vehicles purchased directly from a foreign manufacturer or used vehicles purchased on the retail market in the United States (US).

Designated Canada Border Services Agency (CBSA) Office

refers to the designated CBSA offices where commercial importers are required to report the commercial importation of vehicles entering Canada (i.e. vehicles being imported for the purpose of sale or for commercial, industrial, occupational, or institutional or other like use in Canada) by modes of transportation other than rail, marine or air.

E-vehicle

means a vehicle powered by an electric power source. E-vehicles are also regulated at importation under the class they belong to (e.g., e-truck is regulated as a truck, e-car is regulated as a passenger car, etc.).

FMVSS Vehicle or US Specification Vehicle or US Certified Vehicle

means a vehicle built and certified to US Federal Motor Vehicle Safety Standards (FMVSS) at the time of main assembly and bearing a SoC label to that effect.

New Vehicle

means a vehicle that has never been placed into service, registered or licensed, or, in the case of an incomplete vehicle, still requires further manufacturing before it can be placed into service (e.g., chassis cab).

Private Vehicle Importation

means the importation of a vehicle for the importer’s own use in Canada (i.e. that vehicle is not for sale on the Canadian market or for the purpose of sale or for commercial, industrial, occupational, or institutional or other like use in Canada), these can be new or used vehicles. Businesses who import vehicles for their own commercial, industrial, occupational, or institutional use in Canada can declare their goods as a private importation but are still required to report for entry as a commercial importer at designated CBSA office.

Registrar of Imported Vehicles (RIV) Program

refers to the national certification program established by TC that ensures qualifying FMVSS vehicles purchased at the retail level in the US are modified, inspected, and certified to comply with CMVSS.

RIV e-Form

refers to an online equivalent to the TC Vehicle Import Form - Form 1 and Vehicle Imported for Parts Only – Form 3 and can be accessed via the RIV website @ www.riv.ca.

Salvage Vehicle

is a term used by US and Canadian insurance providers and licensing authorities to "brand" a vehicle that has been deemed at total loss due to collision, fire, flood, accident, or any other occurrence requiring repair for which the cost is deemed unreasonable. When a vehicles’ salvage certificate or title brand is noted as "salvage", "salvage-repairable" or "salvage repaired", without any supplementary designations, the vehicle is not restricted from being repaired. When a salvage brand is noted as "non-repairable", "junk", "scrap", "flood" or equivalent, the vehicle cannot be safely repaired.

Schedule VII

refers to the TC authorization required for Canadian importers seeking to temporarily import non-compliant vehicles for exhibition, demonstration, evaluation, testing, further manufacturing, or works or operations requiring specially-designed vehicles. The entry is for a limited time and does not allow the vehicle to remain permanently in Canada.

SoC label

refers to the label affixed to the vehicle at the time of main assembly that contains the manufacturer’s certification statement.

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 US performing these activities in Canada;
• (2) the spouse or any dependents of a person described in (1)(i) or (ii); and,
• (3) the spouse or any dependents of a person described in subparagraph (1)(iii), if the spouse or dependent produces on arrival in Canada a valid card or employment authorization issued by the Government of Canada certifying the spouse or dependent to be the spouse or dependent of a person described in (1)(iii).

Used Vehicle

means a vehicle that is (or was previously) registered and licensed for which a title or ownership document is (or was once) issued.

Vehicle

means any vehicle (assembled or disassembled) that, when in its assembled state, 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. The prescribed (or regulated) classes of vehicles under the MVSR are:

• passenger car (including limousines)
• multi-purpose passenger vehicle (including vans, minivans, Sport Utility Vehicles (SUVs, motorhomes, 4x4s)
• truck (including chassis cabs and service trucks)
• bus (including school buses)
• low speed vehicle
• open and enclosed motorcycle, motor tricycle, and limited speed motorcycles (scooters)
• restricted-use motorcycle (RUM) (including All Terrain Vehicle (ATV) and dirt bike)
• trailer, all kinds (including utility, cargo, with mounted equipment, horse, boat, travel trailer, car dolly, etc.)
• trailer converter dolly
• snowmobile and snowmobile cutter
• three wheeled vehicles

Vehicle Import Compatibility (VIC) List

refers to a list of CMVSS compatible vehicles that, when purchased (or originally sold) at retail in the US, qualify for entry into the RIV Program (referred to as the VIC List in this document).

Visitor

means a person who is not a resident or a temporary resident and who enters Canada for a period not exceeding 12 months.

Introduction

2. The CBSA assists TC with the administration of the MVSA and the MVSR by administering and enforcing the conditions under which new and used vehicles may be imported at CBSA points of entry. The MVSA regulates the importation of vehicles to reduce the risk of death, injury, and damage to property and the environment.

3. The CBSA also assists other government agencies (OGDs) in this regard, such as:

• (a)  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 with regards to plant pests that can be transported in soil and related matter.
• (b)  Environment and Climate Change Canada (ECCC) with the administration of the Canadian Environmental Protection Act with regards to emissions standards under which new and used vehicles may be imported.

Pre, At and Post Border Processes

Prior to Importation

4. Prior to importing a vehicle, importers are urged to contact their insurance provider and provincial or territorial licensing authority to determine what (if any) provincial requirements they will need to adhere to in order to import and licence a vehicle in their province or territory.

5. Prior to declaring a vehicle at the border, the importer is responsible for ensuring that all aspects relating to the importation have been researched to comply with all legislative provisions.

6. The importer is responsible for making a declaration by completing, as applicable, either: a TC Vehicle Import Form – Form 1 or a RIV e-Form 1 or a TC Vehicle Imported for Parts Only – Form 3 or a RIV e-Form 3. For assistance, the importer can contact TC or the RIV as applicable (refer to the "Additional Information" section of this document for contact information).

At the Border

7. Prior to releasing a vehicle at the border, CBSA border services officers will verify that an importer’s declaration complies with all legislative provisions that may apply.

After Vehicle Entry

8. Once a vehicle is released at the border, the importer is responsible to abide by the terms of their entry declaration which may include fulfilling additional requirements established under applicable legislative provisions.

TC Requirements

9. Importers referring to this memorandum are cautioned that it contains general guidelines and information pertaining to the CBSA’s administration of TC’s import requirements and is not intended to replace the MVSA and the MVSR. MVSA import requirements applies to all regulated classes of vehicles that are less than 15 years old and buses manufactured on or after January 1, 1971.

10. To be eligible for importation, vehicles must qualify for entry under one of the following two principals:

• (a) vehicles that are required to be registered in the RIV Program, which only applies to US specification vehicles purchased or originally sold in the US at the retail level;
• (b) vehicles that are not required to be registered in the RIV Program, which applies to all other vehicle entries including CMVSS vehicles, age-exempt vehicles, non-regulated vehicles and vehicles imported temporarily.

11. Vehicles that do not qualify for importation under one of the two preceding options are considered inadmissible and cannot be imported into Canada.

12. Once a vehicle’s importation has been processed at the border, any importer or owner seeking to change the declaration made with respect to the vehicle at time of import will result in a re-assessment. The vehicle will have to meet all applicable TC’s vehicle requirements under the newly declared circumstances. In these cases, the importer must contact the CBSA to find out which location they can bring the vehicle to in order to have the entry re-assessed and to obtain a new Vehicle Import Form - Form 1, RIV e-Form 1 or Vehicle Imported for Parts - Form 3 or RIV e-Form 3 (whichever applies).

Vehicles required to be registered in the RIV Program – Import Requirements

13. The objective of the RIV Program is to protect Canadian road users by ensuring that vehicles imported from the US provide a comparable level of safety to those manufactured for sale in Canada. The process ensures that: the vehicles were originally designed and certified at time of main assembly to Federal Motor Vehicle Safety Standards (FMVSS); the vehicles are free of any outstanding manufacturer safety recalls; and that importers have performed the necessary modifications to the vehicles as applicable to meet CMVSS. Importers must have the vehicle inspected by an official RIV authorized inspection center to verify compliance with the CMVSS within the required time period and prior to being registered by a provincial or territorial licensing authority. The program is funded through the user fees charged to importers who have purchased vehicles in the US.

14. The importer is responsible for researching a vehicle’s eligibility for importation prior to arrival at the border as not all vehicles purchased or acquired in the US qualify for importation or can be modified to comply with CMVSS. To assess a vehicle’s admissibility into the RIV Program TC publishes the VIC List for vehicles purchased (or originally sold) in the US.

15. Importers who register their vehicle in the RIV Program acknowledge by their signature in section 17 of the Vehicle Import Form – Form 1, or section 16 on the RIV e-Form 1, that the admission of their vehicle into Canada is conditional on successfully passing a RIV inspection. There is no guarantee that a vehicle is capable of being permanently imported nor brought into conformity with applicable laws.

16. If a vehicle fails the RIV inspection, it cannot remain permanently in Canada and the RIV will notify the importer that the vehicle must be exported. Common examples for rejection are a vehicle’s inability to be modified to comply with CMVSS, lack of satisfactory proof that a vehicle subject to an outstanding safety recall has been remedied, evidence of non-compliant modifications observed at inspection or failing to present the vehicle for the mandatory RIV inspection within the prescribed time constraints.

Eligibility Requirements for Registration in the RIV Program

17. To be considered eligible for registration in the RIV Program, a vehicle must meet all of the following conditions:

• (a) belong to a prescribed class of regulated vehicles (refer to the definitions section);
• (b) be less than 15 years old or, in the case of a bus, manufactured on or after January 1, 1971;
• (c) purchased or originally sold in the US (unless otherwise authorized by TC);
• (d) is identified as "admissible" on the VIC List;
• (e) is certified by the original manufacturer to comply with all US FMVSS as demonstrated by a SoC label affixed to the unit or in the absence of the FMVSS SoC label, by a letter from the manufacturer (not a retailer) containing the information normally found on the SoC label, which includes amongst other things the following statement:
  • (i) 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
  • (ii) this vehicle conforms to all applicable US Federal Motor Vehicle Safety Standards in effect on the date of manufacture shown above;
• (f) in the case of a vehicle manufactured in stages, evidence of FMVSS certification by the end (final stage) manufacturer as described above;
• (g) in the case of a snowmobile, the snowmobile is certified by the original manufacturer (demonstrated by a SoC label affixed to the unit) to comply with the Snowmobile Safety Certification Committee or with CMVSS;
• (h) bear a valid 17 digit alphanumeric VIN issued by the Original Equipment Manufacturer. For restricted-use motorcycles manufactured prior to Dec. 1st, 2004, the VIN may be composed of 14 to 17 digits;
• (i) has not been modified in any way that can compromise the OEM certification

Proof of Ownership Requirements for Registration in the RIV Program

18. An original valid US state issued Certificate of Title (CoT) (or equivalent state issued registration documentation) or, in the case of a new FMVSS vehicle, a Manufacturer’s Statement (or Certificate) of Origin with a valid bill of sale must be presented at the time of importation for vehicles registered in the RIV Program.

Reporting Requirements for Registration into the RIV Program

19. Persons importing vehicles for their personal use (non-commercial import) that are required to be registered in the RIV Program can do so at either a designated or non-designated CBSA office.

20. Persons importing vehicles for the purpose of sale or for commercial, industrial, occupational, institutional or other like use in Canada (commercial import) via the RIV Program are required to report at designated CBSA offices. Businesses who import for their own commercial, industrial, occupational, institutional use in Canada can declare their goods as a non-commercial importation but are still required to report the entry at a designated CBSA office (this includes vehicles entering Canada using the Single Window Initiative, Integrated Import Declaration (SO911)).

Note: When a shipment of vehicles is imported for the purpose of sale or for commercial, industrial, occupational, institutional or other like use in Canada and is reported at a non-designated CBSA office, it will be re-routed to the closest designated CBSA office (unless the shipment is by rail, marine or air modes of transportation in which case the importer may report to a non-designated CBSA office to register the vehicle in the RIV Program).

US Leased and Financed Vehicles Being Declared for Importation

21. For TC purposes, US leased and financed vehicles are considered purchased and must therefore meet TC’s import and admissibility requirements for registration in the RIV Program.

22. If the importer of a US leased or financed vehicle cannot obtain the original or certified copy of the CoT then they must present a copy of the CoT with an original statement/letter from the financing/leasing company authorizing that the vehicle can be exported from the US and permanently imported into Canada. The statement/letter should identify the vehicle and include the VIN number.

FMVSS Specification Vehicles (New or Used) Acquired in Foreign Countries

23. Vehicles (new or used) acquired in foreign countries other than the US and designed, manufactured, tested and certified to meet US FMVSS and bearing a US SoC 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 and evidence can be provided that the vehicles were originally purchased at the retail level in the US or obtained via a foreign manufacturer delivery program of FMVSS certified vehicles. In such cases, these vehicles are treated by TC as if they were imported from the US, and if admissible as per the VIC List, they are to be registered in the RIV Program.

24. While vehicles may meet the import requirements under TC legislation, the importation may be prohibited under tariff item No. 9897.00.00 of the Customs Tariff. The exceptions to this prohibition are vehicles that are excluded in the text of Tariff 9897.00.00, or by way of the Used or Second-Hand Motor Vehicle Regulations. Importers seeking to import a used or second hand vehicle should refer to Memorandum D9-1-11, Importation of Used or Second-hand Motor Vehicles.

Vehicles Bearing Both FMVSS and CMVSS SoC Labels Purchased in the US

25. Some vehicles offered for sale in the US bear both a FMVSS and a CMVSS SoC label affixed to the vehicle by the manufacturer. The importer is responsible for declaring the vehicle by selecting the appropriate entry on the Vehicle Import Form – Form 1 or RIV e-Form 1. For the purpose of importation, these vehicles are to be imported through the RIV Program and the vehicle is to be assessed in accordance with established RIV Program procedures, unless the importer can provide a TC CMVSS CBC authorization number in which case their entry need not be processed via the RIV Program.

Salvage Vehicles (FMVSS Certified Vehicles Only)

26. For the purpose of importing salvage branded vehicles as vehicles (rather than for parts only), only FMVSS certified vehicles purchased or originally sold in the US that are less than 15 years old and buses manufactured on or after January 1, 1971 qualify for registration into the RIV Program as vehicles to be imported on condition they appear as admissible on the VIC List. Salvage branded vehicles originating from countries other than the US that are less than 15 years old and buses manufactured on or after January 1, 1971 are not eligible for importation into Canada via the RIV Program.

27. "Salvage" is the term used by a state licensing authority or a licensed insurance provider to "brand" a vehicle that has been damaged due to collision, fire, flood, accident, or any other occurrence requiring repair, the cost of which would be deemed unreasonable. Although they are considered a total loss in terms of the insured monetary value, they may qualify for repair provided that the vehicle has not been branded as junk, scrap, non-repairable, flood or water damage (or similar irreparable branding).

28. A salvage vehicle meeting the criteria above that has since been repaired prior to importation qualifies for registration into the RIV Program on the condition that it has not been branded as junk, scrap, non-repairable, flood or water damage (or similar irreparable branding). The brand record is associated with the VIN remains part of its permanent history. A vehicle’s status may change from "clear" to "salvage" to "rebuilt" throughout its history, but each status remains on the vehicle’s permanent record.

Declaring a Salvage Vehicle for Importation (FMVSS Certified Vehicles Only)

29. Importers of salvage branded vehicles have the option of importing them with the intention of rebuilding them or, in the event they have already been rebuilt, declare them as "salvage rebuilt" vehicle (or equivalent brand).

30. An importer may declare his salvage branded vehicle at the border using the Vehicle Import Form – Form 1 or RIV e-Form 1, provided the following conditions are met:

• (a) the vehicle's branding status indicated on the vehicle’s CoT does not bear any indication of junk, scrap, non-repairable, flood or water damage or similar irreparable branding, and the vehicle is listed as admissible on the VIC List;
• (b) the VIN must be readable through the vehicle glazing (windshield) as normally affixed by the original manufacturer. If the VIN is damaged to the point that it is no longer readable or has been removed, the vehicle is no longer in full compliance with all US requirements, cannot be made to comply and therefore cannot be imported into Canada. If the VIN on the compliance label has been damaged, but the VIN on the dashboard is intact, the vehicle may be admissible;
• (c) only the original salvage title or certificate, or a certified copy of the original may be accepted. Border services officers do not retain originals or certified copies. Photocopies of the documents are to be forwarded to the RIV by the border services officer. The RIV will then publish the VIN to the provincial and territorial licensing authorities via the Interprovincial Records Exchange upon entry of the vehicle.
• Once the above conditions are met, an importer may import salvage branded vehicles through the RIV Program by:
• (d) completing a Vehicle Import Form – Form 1 or RIV e-Form 1, and presenting a Salvage Title from a state licensing authority or a licensed insurance provider to a border services officer. The officer will record the vehicle condition and title brand status observed at the time of importation on the form.
• (e) ensuring that the vehicle is rebuilt within one year after being imported into Canada. The vehicle must be fully operational and made CMVSS compliant prior to being presented to the RIV for the final inspection. The original importer is responsible for ensuring that the vehicle is made CMVSS compliant and presented for RIV inspection before the vehicle is presented for licensing to a provincial or territorial licensing authority.
• Note: Some Some provinces and territories have salvage/rebuild programs which can limit the importer’s ability to register the vehicle although import formalities have been fulfilled.

Flood or Water Damaged Vehicles

31. Flood or water-damaged vehicles coming from the US are considered junk/non-repairable by all licensing jurisdictions in Canada. These vehicles can only be imported into Canada if they qualify for entry under the Vehicle Imported for Parts Only Program.

Vehicles Imported for Parts Only Program (FMVSS US Certified Vehicles Only)

32. FMVSS vehicles (salvage, clear titled, damaged or not) which are normally eligible for registration into the RIV Program listed and as admissible on the VIC List can be voluntarily declared for importation for "parts only" by declaring their importation into the Vehicle Imported for Parts program overseen by the RIV.

33. For FMVSS vehicles listed as inadmissible on the VIC List, they may be imported for parts only on the condition they are accompanied by a Salvage Title issued by a state licensing authority or a licensed insurance provider. These vehicles must be registered in the Vehicle Imported for Parts Only Program.

34. Vehicles imported under this program will be listed as non-repairable vehicles that can never be licensed or registered and their VIN’s will be made available to the provincial and territorial registration authorities. When a vehicle is declared into the Vehicle Imported for Parts Only Program, the status cannot be changed and the vehicle can never be licensed in Canada.

Note: Salvage branded vehicles originating from countries other than the US that are less than 15 years old and buses manufactured on or after January 1, 1971, are not eligible for importation into Canada via the Vehicle Imported for Parts Only Program.

Declaring a Vehicle Under the Vehicle Imported for Parts Only Program (FMVSS Certified Vehicles Only)

35. To import a qualifying vehicle under the Vehicle Imported for Parts Only Program, the importer must complete a Vehicle Imported for Parts – Form 3 or a RIV e-Form 3 and present it to a border services officer at the time of importation along with original ownership documents (CoT or Salvage Title) and must register the vehicle in the Vehicle Imported for Parts Only Program with the RIV.

Note: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Imported for Parts – Form 3 or RIV e-Form 3 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

36. The vehiclemust have been purchased or originally sold in the US, bear at minimum a US FMVSS SoC label, or a VIN specific letter from the manufacturer in lieu of the SoC label and an identifiable VIN located on the dash.

Vehicles That Cannot be registered in the RIV Program – Import Requirements

New CMVSS Specification Vehicles

37. Vehicles originating from any country, including the US, must meet the following criteria to qualify as New CMVSS specification vehicles:

• (a) the vehicle must be purchased directly from a manufacturer, not from a retailer/dealer. Acquisition documents must clearly indicate a purchase at the manufacturing level;
• (b) the vehicle must be built to CMVSS and bear a bilingual Canadian SoC to that effect.
• Note: Whether the vehicle importation is a commercial import or a private import, new CMVSS vehicles do not qualify for registration in the RIV Program.

Appendix F: Authorized Importers – New CMVSS Vehicles

38. The Appendix F Pre-clearance Program enables Canadian commercial importers (or their broker) to use streamlined border processes when importing new fully complying Canadian specification vehiclesoriginating directly from foreign manufacturers. These vehicles have yet to be sold at retail, have never been owned, titled or licensed.

39. Appendix F lists companies that are authorized by TC to import new Canadian specification vehicles destined for the Canadian market without the need to submit a Vehicle Import Form – Form 1 or RIV e-Form 1 at the time of importation.

40. Appendix F identifies the authorized importer by company name, which must correspond with the name of the importer of record identified on the CBSA entry documentation. Vehicle entries are documented in accordance with established CBSA and OGD commercial import protocols.

Note: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

Appendix G: Registered Foreign Manufacturers – New CMVSS Vehicles

41. The Appendix G Pre-clearance Program enables Canadian commercial importers (or their broker) to use streamlined border processes when importing new fully complying Canadian specification vehicles originating directly from foreign manufacturers. These vehicles have yet to be sold at retail, have never been owned, titled or licensed.

42. Appendix G identifies foreign manufacturers registered with TC to export new Canadian specification vehicles destined for the Canadian market. To be admissible via Appendix G, the foreign vehicle manufacturer must be listed on Appendix G and be associated with the specific vehicle classes that have been registered with TC.

43. The CBSA entry documentation must clearly reflect both of the above elements (vehicle manufacturer and vehicle class) to be granted border clearance via the Appendix G Pre-clearance Program. Importers must submit a Vehicle Import Form – Form 1 or RIV e-Form 1 to obtain border clearance. A single form can be submitted with an attachment listing several vehicles, rather than submitting one form per vehicle. The consolidation sheet shall include the VIN, make and model, date of manufacture of the vehicle, and vehicle class for each vehicle being imported. The CBSA will stamp the consolidation sheet with a CBSA office date stamp and will notate the transaction number.

Notes: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

Canadian commercial importers (or their broker) must maintain a valid commercial importer number (RM number) registered with the Canada Revenue Agency (CRA) to be eligible to import via the Appendix G Pre-clearance Program. Commercial importers (or their broker) who do not have a valid importer number registered with the CRA are required to import via TC’s CBC importation process.

TC's Case-by-case Authorization Number/Letter – Importers of New CMVSS Vehicles

44. The CBC procedure allows importers not listed in Appendix F and importers who purchase new Canadian specification vehicles directly from foreign manufacturers not listed in Appendix G to obtain a VIN specific pre-authorization number and letter from TC. Commercial importers without a valid importer number registered with the CRA can also use this process. Only vehicles with a VIN listed on the authorization letter can be released following the presentation of the TC authorization number and letter to the CBSA border services officer. CBC authorized importers must submit a Vehicle Import Form – Form 1 or RIV e-Form 1 to obtain border clearance.

Notes:If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

It is the importer’s responsibility to obtain authorization from TC prior to presenting the vehicle for importation at the border.

TC's CBC Authorization Number and Letter – Importers of CMVSS Specification Vehicles Returning to Canada via a New Owner

45. Canadian specification vehicles that were permanently exported to the US, 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 a new owner are not considered returning Canadian vehicles for TC purposes and must be imported via TC’s CBC process.

New CMVSS Vehicles – Foreign Manufacturer CMVSS Delivery Program

46. Persons travelling abroad may arrange for the purchase of a new CMVSS vehicle that they will pick up directly from a foreign manufacturer abroad and import into Canada. These vehicles can enter as new CMVSS specification vehicles provided the following conditions are met:

• (a) it is certified by the original manufacturer to comply with the CMVSS, as evidenced by a bilingual SoC label affixed to the vehicle by the original manufacturer or a letter from the manufacturer; and
• (b) the vehicle is purchased new (i.e., the importer is the first owner).

47. Importers declaring a vehicle entry from a foreign manufacturer’s delivery program cannot enter the RIV Program and must submit a Vehicle Import Form – Form 1 or RIV e-Form 1 to obtain border clearance.

Note: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

New CMVSS Boat Trailers Sold With a New Boat as a "Boat/Trailer Package" in the US

48. Importers of new CMVSS boat trailers that were purchased directly from a boat manufacturer as part of a new boat and trailer package (or bundle) are to import the trailer outside the RIV Program when the boat trailer manufacturer is listed on TC’s Appendix G and showing as the vehicle manufacturer (not the vendor) on the Vehicle Import Form – Form 1 or RIV e-Form 1 and the trailer bears a valid CMVSS SoC label. If the boat trailer manufacturer is not listed on Appendix G, the importer must obtain a TC CBC authorization letter from TC.

Note: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

Vehicles Bearing Both CMVSS and FMVSS SoC Labels

49. Some vehicles offered for sale or obtained directly from manufacturers in the US have both a bilingual CMVSS and a FMVSS SoC label affixed to the vehicle. The importer is responsible for declaring the vehicle by selecting the appropriate entry on the Vehicle Import Form – Form 1 or RIV e-Form 1. For the purpose of border clearance, these vehicles are to be imported outside the RIV Program if the importer provides a TC CBC authorization letter.

Returning CMVSS Vehicles by Original Owner

50. Returning Canadian specification vehicles are exempt from registration in the RIV Program when former residents of Canada bring back the same vehicle if: the vehicle was certified by the original manufacturer to comply with CMVSS, AND the importer can substantiate that the vehicle was purchased and registered by them in Canada prior to their export from Canada, AND the vehicle did not undergo substantial modifications or alterations (other than repairs or routine/warranty maintenance) while abroad.

Canadian Vehicles Modified While Abroad

51. Where an individual temporarily exports a Canadian specification vehicle for the purpose of having modifications or alternations done to the vehicle, there may be implications with regards to maintaining the vehicle’s CMVSS original certification. Depending on the nature, extent of the modifications and the age of the vehicle, the vehicle may be required to be certified by the company that performed the modifications in order to ensure it still complies with CMVSS. Where the modifications are deemed sufficient to warrant re-certification to CMVSS, the vehicle will no longer be considered a CMVSS specification vehicle and the vehicle will have to qualify for re-entry into Canada under established vehicle import guidelines. For example, but not limited to:

• (a) a van transformed into a motorhome (often known as a Class B motorhome);
• (b) a van equipped with raised roof and/or modified interior;
• (c) a pick-up or passenger car equipped with lift kit;
• (d) a motorcycle converted to a motor tricycle (trike);
• (e) a vehicle stretched or lengthened;
• (f) a vehicle built or assembled by more than one manufacturer must meet additional requirements (e.g., vocational truck, van conversions, motorhome, bus, limousine or other).

Note: When a border services officer examines a vehicle being declared for importation and observes extensive modifications beyond the scope of general repairs or maintenance for which certification to CMVSS cannot be ascertained, the shipment may be denied or detained until further clarification from TC is obtained allowing for its release.

Non-regulated Vehicles

52. Non-regulated vehicles are vehicles that do not belong to a prescribed class of vehicle under the MVSA. These vehicles have no TC import requirements. Common examples are vehicles specially designed for agricultural use (farm tractor, hay wagon, etc.), for construction or landscaping use (forklift, backhoe, road grader, oversized mobile crane, etc.), closed course competition (racing), and recreation (dune buggy, golf cart (excluding all-terrain vehicles and motorcycles) etc.).

53. Non-regulated vehicles still need to meet any other applicable CBSA and OGD requirements at the time of importation. Although their entry is not formally required to be recorded on a Vehicle Import Form – Form 1 or RIV e-Form 1, there may be circumstances where the importer will be required to provide a completed form to provincial and territorial licensing authorities in Canada for registration purposes. As such, the importer can submit a completed Vehicle Import Form - Form 1 or RIV e-Form 1 and indicate that the vehicle is not required to enter the RIV Program by checking the "non-regulated vehicle or work vehicle" entry box on the Vehicle Import Form - Form 1 or RIV e-Form 1.

Note: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1 is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

The original design intent of the manufacturer (i.e., the class and characteristics of the vehicle as designed at the time of main assembly), not how the importer plans to use a vehicle in Canada determines the non-regulated status of a vehicle.

Work Vehicles

54. The term "work vehicle" means a vehicle designed primarily for the performance of work in the construction of works of civil engineering and in maintenance that is not constructed on a truck-chassis or truck-type chassis.

55. Trucks designed for operation exclusively in an off-road environment are also considered as non-regulated vehicles at importation (e.g., oversized mobile cranes, large articulated off-road dump trucks, yard shunt trucks, etc.).

Note: Using a regulated class of vehicle to perform work or business-related duties does not qualify the vehicle for importation as a non-regulated work vehicle. The original design intent of the manufacturer
(i.e., the class and characteristics of the vehicle as designed at the time of main assembly) ,not how the importer plans to use a vehicle in Canada determines the non-regulated status of a vehicle.

Trailers as Work Vehicles

56. Under certain circumstances, trailers can be considered non-regulated under the MVSA when they exceed 2.59 m (102 inches) in overall width and/or designed to perform work-related functions. When a trailer qualifies for entry as a work vehicle, its entry is to be recorded according to the non-regulated vehicle border clearance process.

Note: Using a regulation-sized trailer to perform work or business-related duties does not qualify the trailer for importation as a non-regulated work vehicle. The original design intent of the manufacturer (i.e., the class and characteristics of the vehicle as designed at the time of main assembly), not how the importer plans to use a vehicle in Canada determines the non-regulated status of a vehicle.

Agricultural Vehicles (Farm Husbandry)

57. Agricultural vehicles, also known as farm husbandry, are vehicles that are designed exclusively for the performance of agricultural work (e.g. hay wagons, manure spreaders, farm tractors, and pick-up balers, etc.).

58. Trucks and trailers used in the performance of agricultural work but designed for highway use (e.g., silage trucks, stock trailers, etc.) are not considered agricultural vehicles and must qualify for importation as a regulated class vehicle under established border clearance procedures.

Note: The original design intent of the manufacturer (i.e., the class and characteristics of the vehicle as designed at the time of main assembly), not how an importer plans to use a vehicle in Canada determines the non-regulated status of a vehicle.

Mobile Homes

59. A mobile home is a vehicle that is more than 2.59m (102 inches) in overall width and that is designed to be drawn behind another vehicle and to be used as a living or working accommodation unit. Its entry is to be recorded according to the non-regulated vehicle border clearance process.

Note: Trailers manufactured and sold as "park models" that look like mobile homes but are less than 2.59m (102 inches) in overall width and are equipped with all the necessary features for road travel are considered trailers and must qualify for importation as a trailer under established border clearance procedures.

Side-by-side Utility Terrain Vehicles (UTVs)

60. UTVs, commonly referred to as side-by-side UTVs, are not regulated under the MVSA as ATVs and restricted-use motorcycles because they are not equipped with steering handlebars and the passengers are sitting side-by-side rather than astride.

61. UTVs are not considered regulated at importation when they are clearly designed for off-road use only. If it appears that the vehicle is not designed exclusively for off-road use because it has enough design features for practical on-road use, it can lead to interpreting the importation of the vehicle as a regulated class of on-road vehicle, a border services officer may seek further clarification from TC before allowing for its release.

Note: Vehicles meeting the definition of an ATV in section 2 of the MVSR are included in the definition of restricted-use motorcycle and must be certified to all applicable CMVSS for that prescribed class of vehicle in order to be eligible for importation.

Competition Vehicles

62. A competition vehicle is defined by TC as a vehicle designed for use exclusively in closed-course competition and that either bears a label affixed by the manufacturer stating, in both official languages, that the vehicle is a competition vehicle and is for use exclusively in close-course competition, or is accompanied by a signed declaration from a racing sanctioning body clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition. Competition vehicles can be motorcycles, dirt bikes, mini bikes, snowmobiles, cars, trucks, etc. and are considered non-regulated under the MVSA when meeting the criteria of a competition vehicle.

63. For vehicles that have been adapted for competition and bearing obvious evidence of their modifications for closed-course competition purposes, importers must provide a signed declaration clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition. An importer can also provide as evidence a written declaration from a racing sanctioning body with regards to the vehicle classification as a competition vehicle.

64. Competition vehicles still need to meet any other applicable CBSA and OGD requirements at the time of importation. Although their entry is not formally required to be recorded on a Vehicle Import Form – Form 1 or RIV e-Form 1, there may be circumstances where the importer will be required to provide a completed Vehicle Import Form – Form 1 or RIV e-Form 1 to provincial and territorial licensing authorities in Canada for registration purposes as a competition vehicle. As such, the importer can complete a Vehicle Import Form – Form 1 or RIV e-Form 1 and indicate that the vehicle is not required to enter the RIV Program by checking the "non-regulated or work vehicle" entry box.

Note: TC does not consider an off-road environment to be a closed-course competition environment and as such, restricted-use motorcycles (mini bikes, dirt bikes or ATVs) are not considered competition vehicles unless the manufacturer has explicitly designed the product as a competition vehicle. Also, a mainstream regulated vehicle that has been modified for the dual purpose of racing and road use is not considered a competition vehicle and must qualify for importation under the vehicle’s original class to which it belongs (e.g., car, truck or motorcycle).

Age-exempt Vehicles

65. All regulated classes of vehicles with a date of manufacture equal to or greater than 15 years from the date of importation and buses manufactured prior to January 1, 1971 are not regulated under the MVSA. These vehicles still need to meet any applicable CBSA and OGD requirements at the time of importation. The entry is to be recorded on a Vehicle Import Form – Form 1 or RIV e-Form 1 as a vehicle not required to enter the RIV Program by checking the appropriate vehicle entry box.

Notes: If a commercial importer (or their broker) is submitting the information electronically to the CBSA via the SWI IID (SO911) release service option, a Vehicle Import Form – Form 1 or RIV e-Form 1is not required and will not be accepted or processed (refer to the Implementation of the CBSA SWI section for further information).

When no identification markings exist on a vehicle that allows a border services officer to validate the age-exempt status of the vehicle with respect to the paperwork being supplied by the importer, the vehicle (including trailers) does not qualify for importation into Canada as age-exempt.

Age-exempt Vehicles That Have Been Modified

66. The following types of age-exempt vehicles that have been modified are still considered admissible for importation as “age-exempt”;

• (a) vehicles having undergone regular maintenance, equipped with replacement parts, or newly painted, etc.;
• (b) rebuilds/restorations that maintain the older vehicle’s original characteristics;
• (c) vehicles equipped with a lift kit, if the vehicle is greater than 15 years of age at time of importation;
• (d) vehicles modified into hot rods or street rods using an age exempt donor body and chassis;
• (e) vintage replica vehicles including vehicles built from kits more than 15 years ago (or prior to January 1, 1971 for buses), for which the age is assessed using the final date of completion of the replica or the starter kit, not the model year it replicates.

Vehicles Entered Temporarily – Visitors and Temporary Residents

67. Vehicles that enter Canada temporarily generally do not require a Vehicle Import Form – Form 1 or RIV e-Form 1 unless they need to be registered in the province or territory during its temporary entry. As such, the importer can submit a completed Vehicle Import Form – Form 1 or RIV e-Form 1 and indicate that the vehicle is not required to enter the RIV Program by checking the "visitor or temporary resident" entry box.

Note: Motor vehicles which have been documented on a temporary admission permit, Form E99 – CBSA Report, or Form E29B – Temporary Admission Permit, will only be issued a Vehicle Import Form – Form 1 or RIV e-Form 1 when the importer confirms or anticipates having to fulfill provincial/territorial registration obligations.

68. A temporarily imported vehicle cannot be sold, gifted or otherwise disposed of while in Canada, does not qualify for permanent importation and cannot remain in Canada longer than the time constraints listed on a person’s work permit, student visa, or other CBSA entry 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 change while they are in Canada, the vehicle will have to be exported and subject to the regular importation requirements for that class of vehicle so as to determine if the vehicle is admissible as per the applicable sections of this memorandum.

Visitors

69. Vehicles may be admitted into Canada without complying with the MVSR when they are to be used exclusively by a person entering Canada as a visitor for a period not exceeding 12 months; or temporary residents such as students studying at an institution, for the duration of their studies in Canada; or individuals with valid work permits/authorizations for employment for a period not exceeding 36 months.

70. Temporary residents and visa holders whose vehicle require licensing while in Canada, may submit a Vehicle Import Form – Form 1 or a RIV e-Form 1 at the border.

Transport Canada Schedule VII – Temporary Importation of Non-compliant Vehicles

71. A Schedule VII declaration permits the temporary importation of non-compliant vehicles (vehicles not certified to CMVSS) into Canada, for a period of one year or more for the purposes of:

• (a) "exhibition": events where vehicles of various manufacturers or producers are displayed (e.g., exhibits for auto shows) and where the vehicle are the subject of the exhibit;
• (b) "demonstration": to show vehicle models or types to prospective clients, or for use in vehicle promotional-type events (e.g., prototypes, pre-production models);
• (c) "evaluating or testing": vehicles imported by companies to perform compliance testing or to evaluate vehicle integrity in particular environments or circumstances (e.g., cold-weather testing);
• (d) further manufacturing of incomplete vehicles prior to export; or,
• (e) works or operations that require a specially-designed vehicle for entertainment industry productions, civil engineering project or similar works or operations.

72. Although vehicles imported under the terms of a Schedule VII are exempt from having to comply with CMVSS, they still need to meet applicable CBSA and OGD requirements at the time of importation.

73. A request to import a non-compliant vehicle via Schedule VII declaration, for the purposes described above, via a Schedule VII declaration must be submitted and approved by TC prior to presenting a vehicle at the Canadian border.

74. At the border, importers must submit an approved Schedule VII along with a Vehicle Import Form – Form 1 or a RIV e-Form 1 that indicates that the vehicle is not required to enter the RIV Program by checking the "Schedule VII (required) – Vehicle entered for special purposes" or the "Vehicle entered for special purposes – Schedule VII (required)" (depending on the version of the form) import exemption box.

Temporary Importation of Foreign Owned Vehicles for Repairs or Alterations

75. Vehicles that are foreign owned and are entering Canada temporarily for repairs or alternations where repairs may or may not be done under a warranty arrangement.

Note: The importation of a foreign owned vehicle for repairs or alterations by a Canadian resident or a Canadian company does not require a Vehicle Import Form – Form 1 or a RIV e-Form 1. TC’s Schedule VII is not applicable. The vehicle must bear evidence of foreign registration or ownership. When the Canadian driver is working for the company that will repair, provide warranty service or do alterations as a service to the foreign owner, the driver must be able to identify the vehicle’s destination and the name of the company providing those services. These vehicles can remain in Canada for a period not exceeding 12 months.

In-transit Vehicles

76. In-transit vehicles are vehicles that are travelling through Canada for the purpose of going to another country and are not destined for consumption in Canada. These vehicles are not subject to TC's import formalities.

US Rental Vehicles Driven by Canadians

77. Vehicles that have been rented in the US by Canadians residents from a US vehicle rental business may enter Canada for non-commercial purposes and they shall be removed from Canada within a period of 30 days, or any other prescribed period, beginning on the day on which the vehicles were imported.

78. If within the period of 30 days or any other prescribed period beginning on the day on which the vehicles were imported, the resident of Canada delivers the vehicles to a vehicle rental business in Canada with the consent of the business, then the vehicles’ rental business shall be responsible for removing the vehicles’ from Canada before the end of that period.

Diplomats

79. Vehicles imported by diplomats, if authorized by Global Affairs Canada in writing, for the duration of a person’s posting in Canada, are not registered in the RIV Program. 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).

Visiting Forces Personnel

80. Vehicles imported by visiting forces personnel, for the duration of their assignment in Canada are not registered in the RIV Program. Visiting forces personnel whose own vehicle may require licensing while temporarily in Canada may submit a Vehicle Import Form – Form 1 or RIV e-Form 1 at the border for processing entries according to non-RIV clearance guidelines.

US Preclearance Personnel

81. Vehicles entered by US pre-clearance personnel and their dependents, for the duration of the US officer’s posting in Canada are not registered in the RIV Program. US pre-clearance personnel whose own vehicle may require licensing while temporarily in Canada may submit a Vehicle Import Form – Form 1 or RIV e-Form 1 at the border for processing entries according to non-RIV clearance guidelines.

Convention Services Program

82. To import a vehicle under the International Events and Convention Services Program, please refer to Memorandum D8-1-2, International Events and Convention Services Program.

Hardship Provision for Travellers

83. In special circumstances and only under casual (non-commercial) importations, residents of Canada may be permitted at the discretion of the CBSA to temporarily import non-compliant vehicles (vehicles not certified to CMVSS) as a result of an emergency or unforeseen circumstance without having to undergo a formal vehicle import border assessment.

Inadmissible Vehicles

84. Inadmissible vehicles are vehicles that do not qualify for entry under any of the above established RIV and non-RIV border clearance guidelines. The following sections provide additional information about known circumstances leading to vehicles being inadmissible for importation into Canada.

Modified Vehicles (Includes Returning CMVSS Vehicles)

85. Once modified, other than having general repairs or routine maintenance, a vehicle no longer maintains its original factory issued certification. This certification is required for importation into Canada. When modified vehicles are being imported into Canada, the importer must provide evidence from the vehicle modifier or final stage manufacturer that the modified vehicle complies with all applicable standards. Vehicles without this evidence will be denied entry to Canada. For example:

• (a) a motorcycle converted into a trike;
• (b) a cargo van converted into a camper;
• (c) adding a suspension lift kit to a vehicle;
• (d) adapting a vehicle for disabled access;
• (e) lengthening a vehicle;
• (f) re-fitting a vehicle with a different body kit.

86. This also applies to Canadian certified vehicles modified in the US and returning to Canada. Where an individual temporarily exports a Canadian specification vehicle for the purpose of having modifications or alternations done to the vehicle, there may be issues with regards to maintaining the vehicle’s CMVSS certification. Depending on the nature and extent of the modifications, the vehicle may be required to be certified by the company that performed the modifications in order to ensure it still complies with CMVSS. Where the modifications to a vehicle are not certified and no longer comply with CMVSS, then the vehicle will no longer be considered a Canadian specification vehicle and will not quality for re-entry into Canada.

Vehicles Equipped With Modified Suspension Systems (Lift Kits, Pneumatic Systems, etc.)

87. Vehicles of a regulated class less than 15 years old, and buses manufactured on or after January 1, 1971, presented for importation fitted with modified suspensions such as lift or lowering kits, pneumatic suspension systems, etc. are inadmissible for importation into Canada because the original manufacturer’s certification is no longer maintained. This also applies to returning Canadian owned vehicles that were temporarily exported to be modified.

Vehicles Manufactured for a Foreign Market

88. Vehicles of a regulated class 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 US), and do not comply with CMVSS are not eligible for importation. There are no allowances in the MVSA or the MVSR that allow for non-compliant vehicles to be modified in order to comply with CMVSS, with the exception of vehicles purchased or originally sold on the US market.

Grey Market Vehicles

89. Grey market vehicles are vehicles that were originally manufactured for a foreign domestic market and were subsequently imported into the US where they have been modified to comply with the US safety and emissions standards. Grey market vehicles may be identified by a label affixed by the US company that altered the vehicle, indicating that they have been “imported”, “altered”, or “modified” to comply with the US standards. These vehicles may not have a certification label affixed to them. Grey market vehicles less than 15 years old (or buses manufactured on or after January 1, 1971) are inadmissible for importation into to Canada.

New Trucks Assembled From Glider Kits

90. TC considers trucks manufactured from "glider kits" as inadmissible for importation into Canada due to the lack of certification that demonstrates that these vehicles comply with all applicable CMVSS or FMVSS. Trucks assembled from glider kits, 15 or more years ago, where the importer can submit proof to support the claim for exemption due to age (e.g., registration document) may be admissible under age-exempt status if satisfactory evidence is provided.

Note: When no identification markings whatsoever exist on a vehicle to validate the age-exempt status of the vehicle, the vehicle does not qualify for importation using the “non-regulated due to age” exemption and is inadmissible.

Replica Cars

91. Replica cars are treated as vehicles at importation. As they lack the necessary certification to comply with CMVSS, they are not admissible for importation unless they were assembled 15 or more years ago (or a bus manufactured prior to January 1, 1971) and the importer can submit proof of age (e.g., a registration document.

Note: The age of a replica car is assessed using the final date of assembly of the replica, not the model year it replicates.

92. When no identification markings whatsoever exist on a vehicle to validate the age-exempt status of the vehicle, the vehicle does not qualify for importation using the "non-regulated due to age" exemption and is inadmissible.

93. The most common examples of inadmissible replica vehicles are:

• (a) vehicles modified into hot rods, street rods using a donor body and chassis where no identification markings whatsoever exist on the vehicle that can be used to validate the age-exempt status of the donor chassis with the paperwork being supplied by the importer;
• (b) vintage replica vehicles including vehicles built from kits, where no identification markings whatsoever exist on a vehicle that can be used to validate the age-exempt status of the vehicle with the paperwork being supplied by the importer.

Kit Cars

94. Kit cars whether fully assembled or unassembled are treated as vehicles at importation. As they lack the necessary certifications to comply with CMVSS, they are not admissible for importation unless they were assembled 15 or more 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 final date of assembly of the kit, not the model year it replicates.

Junk, Scrap, Non-repairable Branded and Flood or Water Damaged Vehicles

95. Any vehicle branded as junk, scrap, non-repairable (or equivalent) as per any vehicle registration authorities or insurance providers documentation are inadmissible for importation as "vehicles".

96. Furthermore, flood or water-damaged vehicles are considered junk/non-repairable by all licensing jurisdictions in Canada and can only be imported into Canada if the vehicle qualifies for entry under the Vehicle Imported for Parts Only Program. Refer to paragraph 30 for admissibility requirements when declaring vehicles to be imported for parts only.

Shipments of Individual Vehicle Parts

97. The MVSA does not regulate shipments of individual parts, with the exception of tires, child car seats and booster seats.

98. When a border services officer examines a parts shipment (or series of related parts shipment), he or she will assess if the shipment(s) contains enough parts to meet the definition of a vehicle under the MVSA, or of an incomplete vehicle under the MVSR’s definition. If it is unclear or it becomes evident that the shipment may contain enough parts to meet the definition of a vehicle or incomplete vehicle, the shipment is to be denied entry or detained until further clarification from TC is obtained allowing for its release.

Vehicle Starter Kits

99. Starter kits are an assemblage of parts (kit) used in the amateur building of a home built vehicles and do not include important systems such as the fuel, brake, power train and suspension systems. On their own, they must not (and cannot) amount to a vehicle.

100. Vehicle starter kits may be imported when adhering to the procedures stipulated in the TC fact sheet on importing kit car parts. Importers must submit a request for pre-approval to TC and if the kit meets the requirements as stipulated in the TC guidelines, TC will issue a CBC letter to the importer to be presented to CBSA at time of importation.

Glider Truck Kits (Not Completed Into Trucks)

101. A "glider kit" is an assemblage of parts (kit) that constitute a truck minus the power train (i.e. engine, transmission, and drive axle(s)). Glider kits may be imported as parts into Canada because they do not meet the MVSA’s definition of a vehicle or the MVSR’s definition of an incomplete vehicle, and therefore do not fall under TC’s jurisdiction.

Tires

102. Persons wanting to import tires are subject to meeting the requirements of the Motor Vehicle Tire Safety Regulations.  For additional information, refer to Memorandum D19-12-2, Importation of Tires.

Child Car Seats and Booster Seats

103. Canadians wanting to import child car seats or booster seats should contact TC (refer to the "Additional Information" section of this document for contact information).

Vehicle Importation Disposal Restrictions for Customs Purposes

104. The Vehicle Import Form – Form 1 or the RIV e-Form 1 contains a section entitled "Notice to Provincial/Territorial Licence Authority K-22". This portion of the form is used to identify whether or not a vehicle has had a disposal restriction imposed by CBSA. The presence of an office date stamp in this section notifies provincial/territorial licensing authorities that the vehicle identified on the Vehicle Import Form – Form 1 or the RIV e-Form 1 was accounted for by CBSA.

105. There are three possible disposal restriction options:

• (a) This conveyance may not be sold or disposed of in Canada at any time without authorization from the CBSA. This restriction indicates that the vehicle may not be sold without CBSA’s authorization and will be imposed in the following situations:
  • (i) foreign students, who normally reside in Canada for the duration of the school year;
  • (ii) individuals temporarily employed in Canada, for a period of up to 36 months;
  • (iii) diplomats, and US preclearance personnel, for the duration of their assignment in Canada; and
  • (iv) visitors and temporary residents who legally remain in Canada and whose vehicle remains in Canada in excess of provincial time limits must have their vehicle licensed and registered.
• Note: Motor vehicles which have been documented for customs purposes on a temporary admission permit, Form E99 – CBSA Report, or Form E29B – Temporary Admission Permit, should only be issued a Vehicle Import Form – Form 1 or the RIV e-Form 1 when the importer confirms or anticipates having to fulfill provincial/territorial registration obligations.
• (b) This conveyance may not be sold or disposed of in Canada on or before (date). This option indicates that the conveyance may not be sold or disposed of in Canada on, or before the date specified by the CBSA.
• Note: Generally this applies to settlers and former residents whose vehicles are imported under tariff items No. 9807.00.00 or 9805.00.00 may not be sold for a period of up to 12 months following their arrival in Canada else they will be subject to the duties and taxes otherwise payable.
• (c) This conveyance is not subject to a disposal restriction. This option indicates that this conveyance may be sold or disposed of in Canada at any time, without authorization from the CBSA.

106. Persons who import vehicles subject to disposal restrictions should be reminded that the restrictions must be complied with at all times.

107. In all instances where a Vehicle Import Form – Form 1 or a RIV e-Form 1 is issued, the CBSA will ensure that the importer and vehicle data portion of the form is completed, that a disposal restriction option is indicated, that a transaction number is recorded, and that a date stamp appears in the box to the right of that section.

Form 1 Procedure Charts — See Appendix

108. The charts A (1) to A (2) provide an overview of steps to follow when completing a hardcopy Vehicle Import Form – Form 1 or a RIV e-Form 1 and chart A(3) provides steps to follow for issuing a replacement hardcopy Form 1 (refer to the Appendix).

109. There are differences between a Vehicle Import Form – Form 1 and the RIV e-Form 1 and as such importers should read the title and name of the form carefully to make sure they are using the correct form to ensure property border processing.

Implementation of the CBSA Single Window Initiative (SWI)

110. Electronic release requests may also be provided to the CBSA by submitting the SWI IID (SO911).

111. For commercial importations of vehicles submitted electronically to the CBSA using the SWI IID (SO911), the CBSA will not accept, process or issue a Vehicle Importation Form – Form 1, a RIV e-Form 1, a Vehicles Imported for Parts – Form, a RIV e-Form 3 as these forms are not necessary for release requests submitted via the SWI IID (SO911).

112. For commercial importations of vehicles submitted electronically to the CBSA using the SWI IID (SO911) vehicles imported under TC’s CBC process will no longer be required to present a CBC letter for both Canadian and US specification vehicles. However, importers will need to continue to apply to TC 4 to 6 weeks in advance to obtain approval and to receive a CBC authorization number that can be electronically submitted in the SWI IID (SO911) process.

113. Commercial importers (or their broker) may now submit required data electronically, including the SoC. In addition, required images (e.g., license(s), permit(s), and certificate(s) and other(s) (LPCOs) can be electronically submitted through the use of the new Document Image Functionality (DIF), SO927.

114. Title documents are mandatory for vehicles that are to be registered in the RIV Program and must be submitted electronically via the SWI IID DIF (SO927). If a title document is not submitted, the shipment will be refused entry.

115. Title documents are not mandatory for vehicles that are not required to enter the RIV Program. The CBSA will verify that vehicle, importer and vendor details match supporting documentation to demonstrate ownership (e.g. licensing document, bill of sale or the New Vehicle Information Statement for new Canadian compliant vehicles, etc.).

116. The following entry types cannot be submitted using the SWI IID (SO911): Schedule VII importations and personal importations of vehicles.

117. The SWI IID (SO911) Electronic Commerce Client Requirements Document (ECCRD) provides technical and system requirements information and Appendix B of the ECCRD contains the data elements and LPCO image requirements for each of the vehicles processes.

118. For more information on the SWI, please refer to the CBSA Website.

Other Vehicle Import Requirements That May Apply

ECCC Requirements

119. On-road vehicles may be subject to the On-road Vehicle and Engine Emission Regulations under the Canadian Environmental Protection Act, 1999, administered by ECCC.

120. Off-road vehicles may be subject to the Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations under the Canadian Environmental Protection Act, 1999, administered by ECCC.

121. For assistance, the importer can contact ECCC. Contact information and web site addresses can be found in the “Additional Information” section of this document.

CFIA Requirements

122. The ffollowing 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.

123. Regardless of origin, imported used vehicles, farm equipment and related earth moving vehicles and equipment must be free from soil, sand, earth, plant residue, manure 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. For additional information, refer to Memorandum D19-1-1, Food, Plants, Animals and Related Products.

Customs Tariff, Taxes and Duties

124. Vehicles eligible for importation into Canada will be assessed for duty, excise tax and the goods and services tax (GST). The CBSA will assess duty on a vehicle manufactured in a country other than the US and Mexico.

125. If a vehicle is imported into Nova Scotia, New Brunswick, Newfoundland and Labrador, Ontario or British Columbia the importer must pay the GST, as well as the provincial part of the harmonized sales tax when they license their vehicle. For other provinces, sales tax may be applied when they license their vehicle.

Green Levy and Air Conditioning Tax

126. Imported vehicles that have an air conditioning unit are subjected to a CAN $100 excise tax. Importers will have to pay additional excise taxes (Green Levy) only if the vehicle has a weighted average fuel consumption rating of 13 or more litres per 100 kilometers and is put into service after March 19, 2007.

127. The Green Levy applies to automobiles (including station wagons, vans, and sports utility vehicles) designed primarily for the use as passenger vehicles, but not including pickup trucks, vans equipped to accommodate 10 or more passengers, ambulances, and hearses.

Detention

128. The CBSA has the authority to detain inadmissible vehicles that do not meet TC’s import requirements under section 101 of the Customs Act.

129. Detained non-commercial vehicles presented by non-commercial entities will be documented on Form BSF241, Non monetary General Receipt. Detained commercial vehicles 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 MVSA and/or the MVSR and is to be exported, abandoned to the Crown or destroyed. A copy of Form BSF241 or Form K26 is forwarded to TC as notification of the detention. Importers seeking to appeal a CBSA detention decision must contact TC for further clarification on steps to follow.

Storage

130. The guidelines and procedures outlined in Memorandum D4-1-5, Storage of Goods apply to all vehicles detained, pending disposal. The time limit for storage outlined in the Storage of Goods Regulations will be upheld at all times unless TC requests an extension. The importer is responsible for the costs associated with storage.

Disposal

131. Vehicles that are seized, abandoned or forfeited under the Customs Act and fail to qualify for importation under the MVSA may be sold under Crown disposal rules on the condition they are sold "for export only" and follow-up is completed with CBSA to validate the vehicles have been exported. Otherwise these will be subject to destruction by crushing or cubing under CBSA supervision.

Penalty Information

132. Every corporation that contravenes any provision of the MVSA is guilty of an offence and is liable:

• (a) on summary conviction, to a fine not exceeding CAN$100,000; or
• (b) on indictment, to a fine not exceeding CAN$1,000,000.

133. Every individual who contravenes any provision of the MVSA is guilty of an offence and is liable:

• (a) on summary conviction, to a fine not exceeding CAN$2,000 or to imprisonment for a term not exceeding six months, or to both; or
• (b) on indictment, to a fine not exceeding CAN$10,000 or to imprisonment for a term not exceeding two years, or to both.

Additional Information

134. For information about import requirements for vehicles purchased or originally sold in the US and the RIV Program, contact:

Registrar of Imported Vehicles
405 The West Mall, Suite 500
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)
Fax: 416-626-0366
Email: support@support.riv.ca
Website: www.riv.ca

135. For additional information on importing vehicles or further clarification on content found in the memorandum, contact:

Transport Canada
Motor Vehicle Safety Directorate
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
Fax: 613-998-8541
Email: mvs-sa@tc.gc.ca
Website: www.tc.gc.ca

136. For information about the CFIA’s requirements for any vehicle, contact the National Import Service Center:

NISC 7:00 a.m. to 3:00 a.m. (local time)
Telephone: 1-800-835-4486 (toll free in Canada and the United States) 416-661-3039 (other countries)
Fax: 416-661-5767

137. For information about Environment Canada's requirements, contact Environment Canada at:

Inquiry Centre
10 Wellington, 23^rd Floor
Gatineau, QC  K1A OH3

Telephone: 819-997-2800
Toll Free: 1-800-668-6767 (in Canada only)
Fax: 819-994-1412
Teletypewriter: 819-994-0736
Email: enviroinfo@ec.gc.ca

138. 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

References

Issuing office:

Commercial Programs Policy and Management Division
Commercial Programs Directorate
Programs Branch

Headquarters file:

 

Legislative references:

Customs Act
Motor Vehicle Safety Act
Motor Vehicle Safety Regulations
Plant Protection Act

Other references:

D2-4-1, D4-1-5, D7-4-1, D7-4-3, D8-1-1; D8-1-2, D9-1-11, D19-1-1, D21-1-1

Superseded memorandum D:

D19-12-1 dated January 11, 2016

Date modified:

2019-08-14