Need Help: My Wife (Who I'm Sponsoring) Wants to Bring Car from US to Canada

[c_farah]

Hey all

Firstly - thanks for reading

I've done a bunch of searching about how to import a car, and know about having to export from the US / Import to Canada, register through RIV, etc.
I've also noticed another option, which is for my wife to bring in the car as a visitor (she doesn't have PR yet). I'm hoping somebody can assist me, correct me of any mistakes i may state, and provide an opinion.

We're in Toronto, the car is in Arizona, so we're going to have the car transported over (flying + a 3-day drive back isn't economical).

Options:
1) Import the car as we normally would. Register with RIV, get the required paperwork, etc. This option is door to door transport service.
Question about this option - When she entered into Canada, we drove across (in my car) and she declared she was "visiting". That being said, she didn't fill out a Form B4, so she never stated anything about a car in "goods to follow". On the CBSA website, I've noticed that there are some instances where she can get the HST exempt (unless i misinterpreted) - is this still a possibility?

2) Have the transporter drop it to Buffalo (in a garage). Then we would commute from Toronto to Buffalo, pick up the car, and bring it in as a visitor (since that's what she is). Issues with this include:
a) The commute
b) Technically, she can only have the car in Canada for 3 months with her drivers license
c) I have no idea what to do once she becomes a PR. I know i have to go through the procedure of importing it, but I wouldn't even know where to begin
d) The big one - what are they going to say at the border? What if they deny it? All of a sudden we'll have to figure something out.

3) If points 2b and 2c are not actually a big deal and are easily resolved, is there any way to have the transport company go straight to Toronto with the car (i HIGHLY doubt this because I don't know what paper work they'd present at the border)?

I know i'm reaching with point 3...

4) Anything I didn't think about? Any other details I should know? Bringing the car up was always a 50/50 decision, and now we need it, and it's proving to be a bigger headache than i thought.


Any help would be greatly appreciated!

 

[truesmile]

There is only a short list of cars made for the U.S. market that ALSO meet certain Canadian standards. You can probably Google and find it. Otherwise some mods will be required. Some examples: 1) Does this car have 'daytime running lights' i.e. the headlights stay "on" all the time? and 2) Does the dashboard display BOTH miles per hour AND kilometres per hour? Just a few examples but if you do your research, it is possible.

For sure they let the car across the border as if you (and it) are just visiting. Eventually you'd have to deal with it.

 

[c_farah]

Sorry if my first post was vague - I have gone through what is required to import a car in terms of repair, the paperwork that i actually need to do, etc.

I'm wondering what you mean by "deal with it eventually"? Is the process any different after she gets PR? Is it possible to have the transport company deliver the car and consider it a "visitor car"?

 

[OhCanadiana]

Sounds like you have both short term and long term questions.

Generally speaking, the short term situation is: if your wife is a visitor, she can bring her car in to Canada and use it during her visit to Canada (is your wife a visitor? Or is she in Canada under a different status such as a work or study permit or perhaps even a pilot program visa as your spouse?). She may need an international driver's license depending on timing (you can get it through the mail with AAA), to get a non-resident proof of Canadian insurance and other logistics but it's doable. If she drives it over the border herself, the car will also be 'visiting' and you don't need to import it at that time. However, as a Canadian resident (are you?), you will not be allowed to drive the vehicle (see my second post below for details on both temporarily importing a vehicle - including specific timing allowed which varies by status - and restrictions on who may use it).

If you 'need the car' so you, the Canadian resident can use it, you'll need to import it to Canada. If you are in the process of moving to Toronto, you could add it to your returning Canadian B4 and the first 10k would be tax and duty exempt. Otherwise, you won't have the 10k exemption and would need to pay duties on the full market value of the car on the day you import it.

However, since you drove over the border already in your car, your wife may be the only one that needs to use the car. Therefore, if your wife is indeed visiting Canada and is in the process of becoming a PR (still an assumption I'm making), she will be eligible to submit a B4 when she moves to Canada with the intention of living in Canada for at least 12 months (ie, once she lands). At that point, she can add the vehicle to her B4 and import it duty and tax free.

So, as you see, the devil is in the details of your status and your wife's status (and which car you have, and whether you own it with no lien, etc).

Since it sounds like you'll be exporting the car from the US and importing it to Canada either soon or once your wife 'lands,' I'm including below a post in which I outlined, generally speaking, the steps involved to help get you started.

I didn't find a website with all the info and had to rely on piecemeal info and calling the border posts, RIV, and Ministry of Transportation in Canada to make sure I understood the process. It's not hard, you just need to make sure you do the parts in order and have the right docs. For the best overview, take a look at riv.com, but ignore all the info they have on paying duties (as long as your car is on your B4 you won't need to pay GST/HST).

To move the car, there's several steps:
1) Confirm the car is eligible
Check the riv.ca website to confirm that your car is eligible for import and to see what modifications you may need to make (e.g., daytime running lights) to pass inspection once you are in Canada. You can make the modifications either in the US or upon arrival in Canada (i.e., you don't have to do them before crossing the border but do need them to pass inspection in Canada)

2) Prep for the move
- Contact the Ministry of Transportation for your province to understand what you'll need to register your car (e.g., driver's license, insurance, import documentation, etc) and get whatever you need lined up
- I don't know the BC specifics, but Ontario requires an Ontario driver's license to be able to register the car, so make sure you have everything you need with you to get it (e.g., for some states you may need a driver history)
- Get the recall clearance letter (for Honda, my understanding is that you can register on their owner's website and print it directly or get it from a dealer on their letterhead). Send the letter showing no outstanding recalls to the RIV (document is valid for 30 day) to support @ support.riv.ca so they pre-process it. Call them to confirm all's set before you leave the US so you can get anything else necessary before you leave.
- Confirm your US insurance will cover you in Canada and get a letter of experience to help you get Canadian insurance
- Lay foundation to get insurance in Canada (you'll need it to register your car)
- If you don't own the car (e.g., you have a lease or loan), get authorization to export the car from the lienholder
- Make sure you have your car title easily available

4) Export car from the US
You can only export the car at certain border posts in the US and at certain times. So, figure out where you are crossing and then understand their requirements to get the info to them ahead of time - usually they are looking to get the info 3 (sometimes natural, sometimes business) days before you arrive at the border. Take a look at http://www.ucanimport.com/Border_Crossing_Info.aspx for a good list of border crossings, but then search for the specific info for the border post and their instructions on the CBP website directly. For example, for Buffalo, look at http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ny/0901.xml and search "export a vehicle" to see an example of the instructions (other crossings sometimes need you to mail them the title so they receive it 3 business days prior so it's important to check for your specifics). You can search for other border crossings at http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ . Find out the location of the export office online or when you call them (it's not necessarily easy to find when you are at the border).
On the day of the crossing, stop by the CBP export office before you cross the border into Canada so they stamp your title to clear it for export.

3) Import the car into Canada
After you cross the border, tell the officer you are importing the car. Show them the stamped title and they'll send you inside to complete the process. Fill out the document at the Canadian border post - one page with your name, address, etc and car info. You'll need to get Form 1. If your car is included on your B4 (either submitted that day or previously), your tax rate will be 0% but make sure you keep the receipt carefully ... you'll need it at the Ministry of Transportation. Include your e-mail on Form 1 so the RIV e-mail you Form 2 (faster than mailing it). CBSA will be faxing Form 1 to the RIV.

4) Pay the import fee to the RIV and get your Form 2 from the RIV
You'll need to pay $195.00 + GST/HST (or QST) either at riv.com or by calling the RIV at 1-888-848-8240 (Mon. to Fri.: 7:00 a.m. to 12:00 midnight (EST), Sat. and Sun.: 7:00 a.m. to 5:00 p.m. (EST))
You'll need the red numbers from your Form 1 to do this step and they will then e-mail you Form 2 which you'll need to get the car inspected.

5) Get your car inspected for import inspection (at Canadian Tire) and, if necessary, provincial inspection
You'll need to get your car inspected to ensure it meets Canadian standards (remember the checklist you got at the beginning from riv.ca ... they'll check for those modifications so get them done before elsewhere or arrange to have them done at Canadian Tire). The cost is included in the import fee you paid to the RIV. Plan for an hour or hour and a half for the inspection.
Depending on the province, you may need a provincial inspection too. For expediency, you may want to have the provincial inspection done at Canadian Tire the same day. Just tell them when you make the appointment so they can schedule it in.
Canadian Tire will stamp Form 2, which you'll need at the Ministry of Transportation. Make sure they fax the form to the RIV so the system shows you passed the inspection.

6) Register your car and get plates at the Ministry of Transportation
The specifics vary by province

7) Cancel your US insurance and send your US plates back if your state requires them

8) Celebrate!!!

Regarding temporarily importing the car,

Well, this is your lucky day because I think I can clear it up for you and save you some cash for a bit

1. Your husband can drive your car or your parents' car or his own car in Ontario. IIRC, he is visiting you, not on a work permit or something else that makes him a resident of Ontario. Therefore, get him an International Driving Permit and you're done. You should be able to do it via mail with AAA (instructions here) ($15 plus shipping fees).

"If you are a visitor to Ontario and want to drive while you are here, you must be at least 16 years old and have a valid driver's licence from your own province, state or country. If you are from another country and visiting Ontario for more than three months, you need an International Driver's Permit from your own country."
http://www.mto.gov.on.ca/english/dandv/driver/handbook/section1.1.0.shtml

2. A Canadian resident should NOT drive a foreign-plated car (unless they rented a car from a commercial agency in the US, have permission from the rental agency, and rent it for max 30 days -> this exception is relatively new). So, if you are a resident of Ontario and not just visiting Ontario you shouldn't drive his car unless it's an emergency or you guys are taking goods in to Canada in his car in the most direct path from the border to your house. Ditto for your parents.

[the sources are long so I'm putting them at the end of the post for clarity]

3. Once he gets his PR card, when he lands he should simultaneously import his car (on his B4). For this, you will need permission from the title-holder to export the car from the US. That way he won't be a Canadian resident driving a non-Canadian car.

4. He's going to need a Canadian driver's license (DL) to register the car, so you may want to get the DL shortly before landing so that you save that step. Depending on what US state his US DL is issued by, he may need a driving record.

Ta-da. Questions?



* * *

Sources for components of #2:

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

 

[herewecome]

I believe you can have it on your list when you land of goods to follow and you don't incur taxes. There's a document somewhere that says it just needs to be used. That would include picking up a new car from NH and driving it.

 

[parker24]

We're in the middle of importing an 07 Chevy Cobalt. What OhCanadiana posted is right on the money and is something we have saved on the laptop that is helping us. If your car is a GM, feel free to PM me, I have all the information for GM

 

[c_farah]

OhCanadiana - that info is amazing!

To clarify a few final points / ask a few more questions:
a) We're living together in Toronto right now. She is still on her visitor visa. I'm a Canadian Citizen. She has her Arizona drivers license still and we can apply for the AAA license.
b) Technically she moved to Canada already, although on paper she's still a visitor (visitor visa until Sept 2013)
This is my confusion: At what point does she submit a B4 since it's not part of the PR application?
Everything I've read about importing a car is in preparation through RIV, and gathering all the documents before we bring the car in. Since she will be bringing it in as a visitor, do we register with RIV / gather paperwork / etc. after she has received PR?
Since we (might) have a transport company bringing it in, can we fill out the B4 / all other paperwork now?
c) The tricky part is her vehicle is going to replace mine (eventually), so I would need to be allowed to drive it. I guess the only way to avoid the tax on this is to wait until she has her PR and we register it in Ontario.
d) I'm curious about the HST part still. I know when you register at the MTO, i would pay HST on the car. Are you saying that the B4 would exempt paying the HST when registering?? I was always under the impression that the tax isn't paid at the border and that it is paid at the ministry of transportation, so I'm missing the link between the border and the MTO (unless that's all the RIV paperwork).


Parker - thanks for the offer - It's a Nissan we're bringing in.

 

[parker24]

OhCanadiana - that info is amazing!

To clarify a few final points / ask a few more questions:
a) We're living together in Toronto right now. She is still on her visitor visa. I'm a Canadian Citizen. She has her Arizona drivers license still and we can apply for the AAA license.
b) Technically she moved to Canada already, although on paper she's still a visitor (visitor visa until Sept 2013)
This is my confusion: At what point does she submit a B4 since it's not part of the PR application?
When she lands.
Everything I've read about importing a car is in preparation through RIV, and gathering all the documents before we bring the car in. Since she will be bringing it in as a visitor, do we register with RIV / gather paperwork / etc. after she has received PR?
Yes. It would be a good idea to try to have as much as the paperwork in hand before that. It's tedious. However, the Recall Clearance Letter, it is only valid for a month. So that should be the last thing. Just make sure you have the title and registration on hand. Check your wife's DL, if it says she "got" it in the past 3 years, she will need to get her orginal drivers licence from her state or else she will start with a G1 driver's licence which wouldn't be good if she wanted to drive by herself.
Since we (might) have a transport company bringing it in, can we fill out the B4 / all other paperwork now?
You can, but it's not going to be accepted until she lands.
c) The tricky part is her vehicle is going to replace mine (eventually), so I would need to be allowed to drive it. I guess the only way to avoid the tax on this is to wait until she has her PR and we register it in Ontario.
Exactly. And you can't drive it now at all unless she's unconscious or something.
d) I'm curious about the HST part still. I know when you register at the MTO, i would pay HST on the car. Are you saying that the B4 would exempt paying the HST when registering?? I was always under the impression that the tax isn't paid at the border and that it is paid at the ministry of transportation, so I'm missing the link between the border and the MTO (unless that's all the RIV paperwork).
Everything on the B4 is tax exempted. You will have a stamp on your title when you import it and that would show that there's no taxes on it


Parker - thanks for the offer - It's a Nissan we're bringing in.

 

[OhCanadiana]

Everything on the B4 is tax exempted. You will have a stamp on your title when you import it and that would show that there's no taxes on it

The MTO honors that too for the provincial component. You still need to pay fees (e.g., RIV fee, MTO registration, safety and emissions) but the B4 exempts (most) imported goods from duty and taxes.

You can read more about the B4 and importing goods for settlers at http://www.cbsa-asfc.gc.ca/publications/pub/bsf5114-eng.html.

 

[c_farah]

Both of you - fantastic!
I'm clear what I need to do now.
Thanks again!