Customs officers have the power to seize goods imported into Canada for what may seem like minor offenses. Many international travelers are surprised at what the Canada Border Services Agency (CBSA) considers as illegal importing.
Not declaring all goods received outside Canada is against the law. This includes gifts like jewel necklaces that a traveler got as birthday presents while visiting family in another country.
Another potentially serious offense is when an importer incorrectly declares the value of imported goods. For example, Canada Customs is particularly strict on people who undervalue expensive goods bought while on a cruise. One trick is to change the labels on expensive Cuban cigars to low-cost American brands as a way of paying less duty and taxes.
Also guilty of a crime are Canadians who falsely claim that they were outside of the country longer than their actual period of absence. Those acts of deception are usually attempts to qualify for duty-free exemptions based on their supposed length of time outside Canada.
In the above three scenarios, customs officers can legally confiscate the imported goods.
Prohibited, Controlled or Regulated Seized Goods
Under section 159 of the Customs Act, any attempt to smuggle prohibited, controlled or regulated goods into Canada is a crime.
Prohibited imported goods include specific copyrighted book titles, counterfeit coins and certain used or second-hand aircraft or automobiles. More details on hate literature, pornography and other prohibited goods are available on the CBSA website Publications section under D Memoranda.
Liquor, wine and cigarettes are examples of controlled items. Legal in most American states, imported Tasers are strictly controlled in Canada. Only one Canadian company is allowed to import Tasers, under a special permit. Guns are regulated under the Firearms Act.
Customs officers will not return prohibited goods. Controlled or regulated items will not be returned unless they were seized in error, according to subsection 117(2) of the Customs Act.
Customs Compliance or Vehicles and Other Evidence Seized
CBSA officers can seize any vehicle, boat or airplane associated with one or more suspected infractions of the Customs Act. Vehicles seized that have been modified for smuggling purposes will not be returned. Customs officers can also seize any evidence reasonably required to prove an import violation.
Penalties for Seized Goods
Typically, penalties for seized goods require payment of fines. Under the Administrative Monetary Penalty System (AMPS), penalty amounts can be as high as C$25,000 per infraction. The amount of a penalty depends on whether the offender has prior convictions. Penalties escalate for repeat occurrences of the same infraction. For the release of a seized vehicle, an additional fine is usually applied.
Penalties may be assessed even where seized items are not returned. This acts as a deterrent to future crimes, and helps to level the playing field for Canadian citizens who do abide by the laws.
Customs officials record persons whose goods are seized in an electronic system. Those records stay on the system for up to 6 years. The fact that they are on the system increases the chance that those persons’ belongings will be inspected during future border crossings.
Higher penalties will be assessed if illegally imported goods are seized from a previous offender.
Daniel Workman - A senior business and finance writer who also does French translations, notably international trade and insurance materials.
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