Canadian's driving US plated cars. An OPP casual response

[AllisonVSC]

I have an American friend who married a Canadian and moved to Canada. Her PR has been in process (outland Buffalo) for nearly TWO years now, and she and hubby are both driving her vehicle (they only have the one) which has not been officially imported. She said immigration and border agents have made a BIG deal warning her about consequence for hubby if he's caught driving her car in Canada. She said she looked online (I guess at cic but she didn't specify) trying to find a rule against Canadians driving US plated cars and couldn't find anything.

So, she and hubby wander into a Timmie's yesterday where three OPP officers are having a coffee. Before hubby can stop her, she walks over and asks them about her situation (without mentioning the length of her processing) and what the law is. Their unofficial response, it was not an issue unless the car had been here for a long time with no ties to PR processing!

So, now I am curious, can citizens drive US plated cars in Canada or not.
Any ideas where to search for the official answer? No Google help on this one so far.

 

[AllisonVSC]

Maybe Google did help. Does this quote (from another forum) apply?


"Residents of Canada

Residents of Canada may operate conveyances on which duties have not been paid in Canada only in accordance with the terms and conditions of tariff item No. 9802.00.00 and the regulations made pursuant thereto.

Purpose of Importation

Conveyances imported temporarily under these Regulations are admissible for personal transportation only from the point of arrival to a specified destination in Canada and return within 30 days, when the purpose of importation is to transport personally owned goods into or out of Canada.

Similarly, customs inspectors may permit importation in instances where a resident is required, due to unforeseen circumstances or emergency reasons, to utilize a conveyance on which duties have not been paid for personal transportation to reach a specified destination in Canada and return.

Under no circumstances are conveyances admissible under these Regulations for touring purposes or for other leisure activities in Canada, nor is any local use permitted (e.g., point to point movement in Canada).

Customs inspectors will grant free importation of a conveyance under these Regulations only when satisfied that the applicable conditions have been met."
»www.cbsa-asfc.gc.ca/publications···-eng.pdf

 

[eeeeeeeelectric]

I am sure this is the same in every country. But, the inconsistencies with the CIC, et al have made immigration far harder than if they just had one concise set of rules and steps for us to follow. I'm sure it would save them money as well...

 

[NBaker]

This has nothing to do with either the OPP, who would be quite unlikely to know or CIC who would equally have little knowledge of this area.

The department invovled with this area is the CBSA and most specifically it has to do with Customs and the importation of goods.

Canadians may not routinely drive US plated vehicles. Ultimately the car could be seized by Customs (CBSA).

It is best to import the vehicle properly if it is being driven by a Canadian in Canada.

 

[links18]

The Customs Acts prohibits Canadian residents from "using" non-residents' conveyances if duties have not been paid. This has nothing to do with what type plates are on the car. All U-Haul trucks in Canada are registered and plated in Arizona. The definition of "use" is not made clear in the act, but it is probably not the same as "drive" or "operate." i.e. if you are driving the car for the benefit of the non-resident, i.e. as in taking that person sightseeing, then the act is probably not being violated. If you drive the car to work--then it is. However, it appears that it would be the non-resident violating the act, not the Canadian resident.

In your friends' situation--if the husband is obtaining beneficial use of the vehicle--then the wife is probably violating the Customs Act. Don't expect an OPP, RCMP or CBSA officer to be able to appreciate the intricacies of the law. The best bet would be for your friends to get a lawyer's opinion on the matter and rely on that.

 

[eeeeeeeelectric]

It's true, that the duty is the issue at hand here. I played Russian Roulette every time I had to drive home to Canada after work before I secured financing to import my car. And boy do they ask you the status quite often at the borders, even in the Nexus lane.

The scariest reality check was when a CBSA let me in, but said if I got stopped by RCMP for any reason, they would escort me to the US border, where I would have to leave the country with the vehicle, and not bring it back in until I was kosher.

It's an ugly truth since so many people (including me for over a month) get away with it, or are not educated by immigration when they land.

Personally, I think for all the money we pay the CIC to immigrate, they should require a landing class that teaches us the laws. My wife is a lawyer and we didn't know all the laws. When I landed, we specifically asked the CBSA agent in the office (the one who filled out all my paperwork and stamped my visa) about my vehicle. He told me it was ok to drive it until I imported it, and there was no time limit.

He was dead wrong on all accounts.

And, that story wouldn't keep me out of hot water if I had ever been brought to task on it.

I've since researched all over the internet to find there is no exception. It's the duty that is at issue. And as Canadian PR, we are subject to the same laws of Canada as her citizens. It doesn't matter that we might "reside" in the USA. We are Canadian subjects now.

Cheers!!!

 

[AllisonVSC]

Interesting discussion. I wonder though, in my friend's case how the "duty" thing applies since when she lands there will be no duty assessed on the imported vehicle.

 

[links18]

Interesting discussion. I wonder though, in my friend's case how the "duty" thing applies since when she lands there will be no duty assessed on the imported vehicle.

Its also not clear where she is a resident. Would her current status in Canada allow her to get an Ontario driver's license?

 

[AllisonVSC]

Good question. Obviously she resides here as she has been here nearly 2 years, but her status is still legally visitor. My understanding is to get an Ontario DL she can exchange hers with photo id and proof of Canadian address, but that doesn't help with the car situation as it hasn't been imported yet.

 

[QCSunshine]

We had heard that my could could have been impounded if my husband had been caught driving it. But the car is 18 years old and worth nothing (aside from the ability to get from one place to another), so we didn't stress too much about the risk of impounding. But...I agree that the process is very unclear, because we also got multiple answers from various people. Anyone, we imported it after I landed last summer and all is done okay, I think. Such a complicated process!

 

[links18]

If the standard for violating the customs act was "driving" the vehicle think about what some of the consequences would be: A Canadian resident auto mechanic couldn't legally test drive an American's car he had just repaired. Or a Canadian resident couldn't take the keys and drive his American buddy back to the hotel, if he/she had a few too many. These things violate common sense and couldn't possibly have been the intent of the law.

I think the intent of the law is to prevent Canadian residents from gaining a benefit from the use of a non-resident's property upon which no duty has been paid. If you take a non-resident's car and use it to drive to work--you are gaining a benefit and the act has been violated. But the simple act of "driving" or "operating" the car, if it is not done to gain a personal benefit to the Canadian resident, wouldn't seem to me to violate the act.

Of course, all of this is open to interpretation and I wouldn't expect a CBSA, OPP or RCMP officer to want to debate the fine points of legal theory on the side of the highway. For them, "driving" might equal "use" leaving you to argue about it in court later if you want.