Can I bring a leased US car to Canada?

[Calanna]

Hi there. I am a Canadian Citizen and have been working in the US for 3 years on a TN1 Visa. Recently, I accepted a job in Toronto however I have 2 US plated cars: the first leased and the other financed. Since I'm moving from the US, what I don't want to do is have to terminate my lease or buyout my car given the I'd be out a considerable amount of money. I currently own a home in the US and plan on renting it out while renting a house in Toronto.

Given that I would still have a "residence" in the US, my questions are the following:
1. Would I still be able to bring and use my cars in Toronto although they have US plates?
2. If I drive them up to the border, could I just tell the border patrol that I'm visiting Canada or on a long term engagement?
3. Would I need to drive the cars once a month to the US to show that I still have a residence in the US?
4. Would I need to let my auto insurance provider know that the cars will be circulating in the US?

Any help would be much appreciated!

 

[OhCanadiana]

Hi there. I am a Canadian Citizen and have been working in the US for 3 years on a TN1 Visa. Recently, I accepted a job in Toronto however I have 2 US plated cars: the first leased and the other financed. Since I'm moving from the US, what I don't want to do is have to terminate my lease or buyout my car given the I'd be out a considerable amount of money. I currently own a home in the US and plan on renting it out while renting a house in Toronto.

Given that I would still have a "residence" in the US, my questions are the following:
1. Would I still be able to bring and use my cars in Toronto although they have US plates?
2. If I drive them up to the border, could I just tell the border patrol that I'm visiting Canada or on a long term engagement?
3. Would I need to drive the cars once a month to the US to show that I still have a residence in the US?
4. Would I need to let my auto insurance provider know that the cars will be circulating in the US?

Any help would be much appreciated!

Not legally, if you are residing in Canada. Canadian residents may not drive foreign-plated cars (unless they are a rental from a commercial company and the company guarantees the car will be in Canada less than 30 days or if you are using it to transport goods in the most direct route from the border to your home and then export the vehicle right back out.

You'll need to negotiate with your lease-holder and loan-holder to get them to agree to allow you to export the car. People have reported successfully doing that before. For the financed car, you could also look into getting a Canadian loan and pay off the US loan.

Re #2, it would be a very bad idea to lie to customs.

Separately, since you've been in the US 3 years, keep in mind that you may complete a Personal Effects Accounting Document and import any goods you've owned, used, and possessed for at least 6-months free duty- and tax-free (up to 10k per item). See www.cbsa-asfc.gc.ca/publications/pub/bsf5113-eng.html

* * *


Tourists can temporarily import cars, per D19-12-1

"RIV Program Exemptions
49. Vehicles are exempt from complying with the CMVSS
at the point of entry into Canada if they are imported under
one of the following conditions:
(a) the vehicles are 15 years old or older, or are buses
manufactured before January 1, 1971; the importer
must be able to demonstrate the age of the vehicle;
(b) the vehicles are entering temporarily with:
(1) visitors, for a period not exceeding 12 months;
temporary residents such as students studying at an
institution of learning, for the duration of their
studies in Canada; or individuals with valid work
permits/authorizations for employment for a period
not exceeding 36 months;"

D2-4-1's covers residents of Canada's use of non-Canadian plated cars:

"GUIDELINES AND
GENERAL INFORMATION

Residents of Canada
1. 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
2. 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.
3. 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.
4. 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).
5. Customs inspectors will grant free importation of a
conveyance under these Regulations only when satisfied
that the applicable conditions have been met."

...unless it's a rental and certain conditions are met

"

Exception — temporary importation

(1.1) Sections 5 and 6 do not apply to a resident of Canada who imports a vehicle that is licensed in the United States if the vehicle is rented in the United States from a vehicle rental business and is being imported into Canada for non-commercial purposes.

Importer to remove vehicle from Canada

(1.2) A resident of Canada who imports a vehicle under subsection (1.1) shall remove the vehicle from Canada within a period of 30 days, or any other prescribed period, beginning on the day on which the vehicle is imported.

Rental business to remove vehicle from Canada

(1.3) If, within the period referred to in subsection (1.2), the resident of Canada delivers the vehicle to a vehicle rental business in Canada with the consent of the business, then the vehicle rental business shall remove the vehicle from Canada before the end of that period."
http://laws-lois.justice.gc.ca/eng/acts/M-10.01/page-3.html

and

" Canadian residents may, as of June 1, 2012, bring U.S. rental vehicles into Canada for non-commercial use for 30 days or less. This will not affect the safety of Canadian road users, because Canadian and American vehicle standards are similar, and the vehicles will be in Canada for short periods of time.

While these changes to the Motor Vehicle Safety Act (MVSA) will allow one-way and two way trips, residents of Canada may only deliver a vehicle to a vehicle rental business for a one-way trip, with the consent of the business. 

Visitors to Canada may continue to bring rental vehicles from the United States into Canada. "
http://www.tc.gc.ca/eng/roadsafety/safevehicles-rental-usa-1302.htm