+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

what is the maximum fine i could get

Blueboy1980

Star Member
Feb 8, 2017
115
5
Ottawa
Category........
Job Offer........
Pre-Assessed..
Need Canadian Pr said:
if a Canadian PR holder bring dairy foods without deceleration in Canada.

what is the maximum fine or trouble he can faced.

i am planning to go India and my sister lives she in Canada, she is requesting me to bring some ( Indian sweet its made by milk and sugar)

i also like this item.

So need advise please......................
I can't believe you're asking this and thinking about taking a risk to the Canadian farming industry. It's not about getting fines it's about protecting Canada's livestock. Don't even think about doing it all for some sweets??!

There's a reason they don't want it entered and it's not about money.
 

mf4361

Champion Member
Apr 17, 2014
2,459
129
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
18 Nov 2015
Nomination.....
12 Oct 2015
AOR Received.
25 Feb 2016
IELTS Request
Sent
Med's Request
28 Oct 2016
Med's Done....
14 Nov 2016
Passport Req..
27 Feb 2017
VISA ISSUED...
15 Mar 2017
LANDED..........
16 Mar 2017
they can't deport PR for this, it's not like will deport anyone for the slightest crime one can commit (parking ticket, speeding)

It's very serious crimes, felony that could be issue with PR status. Still you should declare everything to avoid fines, or better still not bringing it at all

Dairy product is almost instant confiscation.

---

It is not exactly protecting livestock (and surely not for money), it's environmental concerns. They don't know if there are diseases that could damage Canada's ecosystem. When they confiscated it, the products are not just thrown to the landfill, they are sent to a special biohazard disposal lab to be destroyed
 

dpenabill

VIP Member
Apr 2, 2010
6,322
3,078
mf4361 said:
they can't deport PR for this, it's not like will deport anyone for the slightest crime one can commit (parking ticket, speeding)

It's very serious crimes, felony that could be issue with PR status. Still you should declare everything to avoid fines, or better still not bringing it at all

Dairy product is almost instant confiscation.

---

It is not exactly protecting livestock (and surely not for money), it's environmental concerns. They don't know if there are diseases that could damage Canada's ecosystem. When they confiscated it, the products are not just thrown to the landfill, they are sent to a special biohazard disposal lab to be destroyed
Can a PR be deported for attempting to smuggle diary goods?

It is NOT correct to definitively say that Canada cannot deport a PR for violations of the Customs Act. While who might be deported, when, and how that process would take place is a complex subject, in general terms it is not that complicated:

Minor customs violations are not likely to be criminally prosecuted, but violations of the Customs Act can be prosecuted as an indictable offence which could be grounds for terminating PR status and lead to deportation.

Thus, overall, it is wrong to say that the conduct described here cannot result in a PR's deportation. Not likely to, but it can.

To be clear, neither speeding nor parking violations constitute even a summary offence, let alone an indictable offence. In contrast, if the Crown elects to prosecute a violation of the Customs Act, the Crown can choose to prosecute most violations of the Customs Act as either a summary offence or as an indictable offence, the latter punishable by up to five years imprisonment (see (this should link) Section 160(1) in the Customs Act). Any sentence to imprisonment for a term more six months, for any criminal offence, can constitute serious criminality which can then constitute grounds for deeming a PR inadmissible, leading to loss of PR status and deportation.



Some references:

Again, see (this should link) Section 160(1) in the Customs Act which states the violations which can be prosecuted as either a summary offence (maximum imprisonment six months) or as an indictable offence (maximum imprisonment five years).


It is, at minimum, a criminal offence to fail to properly report the importation of goods (as prescribed by the applicable Customs' regulations). See (this should link) Section 12 in the Customs Act. A violation of Section 12 is specifically one of the acts prescribed in Section 160(1) in the Customs Act which, again, may be prosecuted either as a summary offence or as an indictable offence.

Additionally, among the various ways in which a violation of the Customs Act is described in Section 153 Customs Act, it basically prohibits any false statement or any attempt to evade the payment of duties. This is a very broad provision. Section 155 Customs Act also is a very broad provision prescribing the mere possession of imported goods contrary to the regulation of their importation.

Again, it appears that isolated or otherwise minor violations are rarely prosecuted criminally. But any violation may be prosecuted criminally. If prosecuted criminally, the Crown gets to elect whether to proceed with a charge for an indictable offence. If convicted of an indictable offence under the Customs Act, and sentenced to more than six months imprisonment, that would be grounds for determining a PR is inadmissible due to serious criminality, subject to having PR status terminated, which in turn could lead to deportation. (Who can actually be deported, even if convicted of many serious crimes, is another complicated subject.)
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
I strongly agree with everyone here that this is a serious violation and something that should most certainly be discouraged.

But on the flip side, let's not be too harsh on the OP. I only say this because I know that in some countries, rules are bent and even broken all the time. And if caught, the fine (*ahem* bribe) is not too bad to get out of it. Hence this kind of thinking is actually the norm. I'm NOT justifying it or even encouraging it in any way. I'm just saying why there are some people who don't quite understand the severity of such actions when there are here. While it is good to strongly remind them that things work differently here, don't be shocked when you hear such questions.
 

mf4361

Champion Member
Apr 17, 2014
2,459
129
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
18 Nov 2015
Nomination.....
12 Oct 2015
AOR Received.
25 Feb 2016
IELTS Request
Sent
Med's Request
28 Oct 2016
Med's Done....
14 Nov 2016
Passport Req..
27 Feb 2017
VISA ISSUED...
15 Mar 2017
LANDED..........
16 Mar 2017
@dpenabill

I am not referring to the entire Custom Act and IRPA, I'm just referring to the specific case of bring food without declaring it. There are of course occasions of breaking some other parts of Custom Act and IRPA that could cause removal from Canada and possible land you in jail. IRCC sees violating of immigration and customs laws more seriously than other criminal charges. There are occasion where you could be excluded from Canada without being criminally charged (common case: Misrepresentation)

The actual verdict comes from CBSA and IRCC officer who handles your case. You are right that it also depends on the severity of situation.
E.g. A pack of milk candy, probably just a fine, not criminal charges. 1000 pack of cigarette, 30 bottles of wine, endangered species, live animals. Possible removal order.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
mf4361 said:
they can't deport PR for this, it's not like will deport anyone for the slightest crime one can commit (parking ticket, speeding)

It's very serious crimes, felony that could be issue with PR status. Still you should declare everything to avoid fines, or better still not bringing it at all

Dairy product is almost instant confiscation.

---

It is not exactly protecting livestock (and surely not for money), it's environmental concerns. They don't know if there are diseases that could damage Canada's ecosystem. When they confiscated it, the products are not just thrown to the landfill, they are sent to a special biohazard disposal lab to be destroyed
Actually, protecting livestock is a very significant factor.

In the UK some years back, it was determined that discarded food, brought in from abroad, undeclared, led to a massive "foot and mouth" virus epidemic. This resulted in masses of livestock being lost and possibly some farming suicides. This is from memory but I probably could find citations if pressed.
 

dpenabill

VIP Member
Apr 2, 2010
6,322
3,078
mf4361 said:
@dpenabill

I am not referring to the entire Custom Act and IRPA, I'm just referring to the specific case of bring food without declaring it. There are of course occasions of breaking some other parts of Custom Act and IRPA that could cause removal from Canada and possible land you in jail. IRCC sees violating of immigration and customs laws more seriously than other criminal charges. There are occasion where you could be excluded from Canada without being criminally charged (common case: Misrepresentation)

The actual verdict comes from CBSA and IRCC officer who handles your case. You are right that it also depends on the severity of situation.
E.g. A pack of milk candy, probably just a fine, not criminal charges. 1000 pack of cigarette, 30 bottles of wine, endangered species, live animals. Possible removal order.
There probably is no reason to belabor this, but what usually happens, even what usually happens almost all the time, should not be confused with what can happen, with what the full range of potential consequences can entail.

For many, if not most criminal offences in Canadian law, the category of offence tends to encompass a very broad range of seriousness, for which the actual penalty imposed can vary greatly.

For example, in the Canadian Criminal Code a theft of one dollar is the same offence as the theft of $4,999.99 dollars, either of which can be prosecuted as a summary offence or as an indictable offence punishable by up to two years imprisonment. The actual penalty imposed will vary widely depending on many factors. The offence itself, however, is the same: theft under Five thousand dollars.

Similarly for most Canadian offences.

In particular, the failure to properly declare a small quantity of foodstuffs can be charged as the very same offence as an attempt to smuggle a large quantity of items like undeclared cigarettes or alcohol. Either can be charged as a summary offence or as an indictable offence for which up to five years imprisonment may be imposed.

The fact that the most likely consequence is a fine and forfeiture does not preclude the government from pursuing and imposing the more severe penalties, as the government retains discretion, as they say, to prosecute to the full extent of the law.

Bottom-line: it is wrong to say that Canada cannot deport a PR because of a mere violation of customs regulations, even if doing so is not likely, not at all likely.

In some respects this observation is warranted here for reasons similar to what keesio describes, but on an even broader scale: many times regulatory penalties are approached as a cost of doing business, particularly where enforcement is sporadic. Like speeding. Most of us who drive will regularly exceed the speed limit, recognizing the low risk of enforcement, prepared to pay the regulatory penalties if caught.

Smuggling is not like speeding. It is not like building a backyard fence without a building permit. Even if minor customs violations are typically handled perfunctorily, as a simple civil matter, subject to a mere fine and potentially forfeiture, they can be prosecuted criminally and the potential criminal consequences can be severe enough to meet the IRPA definition of serious criminality.

Who gets targeted for criminal prosecution, and when, is a much bigger discussion, largely subject to common sense. The practical side of this, however, is also common sense, that attempting to circumvent Customs regulations is a fools adventure, and the downside can be surprisingly harsh.

Overall (bottom-line number two): it is foolish for any PR to flirt with potential criminal violations.

Just best to not go there. Remember, any conviction for an indictable offence, even if no jail at all is imposed, results in a lengthy prohibition precluding becoming a Canadian citizen for years . . . there are literally many tens of thousands of PRs in effect on track to never become a citizen, and make no mistake, even those who have been in Canada for many decades and have no ties in any other country sometimes get deported for criminality, decades after their first offence . . . for those who think it can be tough getting gainful employment in Canada, imagine being deported to a country you have not even visited in decades and trying to make a living, burdened by a criminal record. Just best to not go there, to not get started down that path.