Transport Committee on May 9th, 2019

[Mario Demers]

Again, it's on a case-by-case basis. For example, if someone says, “I'd like to bring my vehicle in for three months,” and something happens and three months become four months, they can simply contact Transport Canada and say, “My permit number is such and such, I had stated three months, but I need a little bit longer.” As long as it's for a valid reason, the permit is extended.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

This is all fees—import fees, GST, customs. There will be no fees for Canadians bringing their vehicle across the border if it's American-plated?

[Mario Demers]

From Transport Canada's perspective, that is correct.

[Michael DeJong]

Specifically, the reference was for the Transport Canada registrar of imported vehicle fees. It's those fees in particular.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Would there still be that AC fee?

[Mario Demers]

No, that fee would not apply on temporary importation.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Okay. I'm satisfied. They're actually going to do it, and on a very tight timeline, too, by December. I'm pleased as peaches.

[The Chair, Liberal, Judy Sgro]

Exactly.

Mr. Aubin.

[Robert Aubin, NDP, Trois-Rivières, QC]

Thank you, Madam Chair.

I have never felt that Trois-Rivières was as far from the U.S. border as it was this morning. This is an issue I have not addressed in eight years of practice. In my opinion, there are two ways to learn, by listening or by asking questions. I have the impression that the questions I would ask would be so basic and for such a targeted niche that I would be happy to offer my time to the person moving this motion, who wanted us to hold two meetings on the topic. I think that by combining the time that Mr. Badawey has just given him and mine, we will be able to offer him two meetings in one.

If you want my time, it's yours.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Aubin, thank you for your offer. I know that this is a very specific and particular subject, one that affects my constituents. Actually, a few have come to see me about it.

Can I go back to schedule VII? The acronym TVIS was used.

[Mario Demers]

That's the electronic online system. It stands for temporary vehicle importation system. People have the option to log on to a computer and complete all the information. It's automatically reviewed and processed by Transport Canada officials. Then they will respond electronically with, “Here's your authorization.”

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I've seen things gazetted before, and then the consultation process is prolonged and it disappears and dies off on the paper, so just so I can have the certainty that this will be done by the end of the year, is there a fixed date by which you believe it'll be gazetted for the second and final time? Is there a fixed date to make this operational?

[Michael DeJong]

It has been gazetted for the first time; it was pre-published in May 2018. The second date, the final publication, is not fixed, so this would be subject to decisions by the Minister of Transport and approvals from Treasury Board ministers. The department is aiming to finalize and seek approval for the regulations by the end of 2019.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

My only problem is that there's an election, and elections tend to make all of these niche issues kind of disappear. Every single department has a regulatory plan. Is this part of the regulatory plan as well?

[Michael DeJong]

It is part of our forward regulatory plan. It can be found in the regulations amending the motor vehicle safety regulations on importation and national safety marks.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

If this isn't done in 2019, and my constituents are okay with my returning here to the next Parliament, are you okay to return to this reconstituted committee, to explain why it wasn't done?

[Michael DeJong]

I'd be happy to return.

[The Chair, Liberal, Judy Sgro]

Mr. Graham.

[David Graham, Liberal, Laurentides—Labelle, QC]

If the interpreters had problems with Mr. Rachkovsky, then they'll have real issues with me. I'm sorry about that.

I appreciate Mr. Aubin's comments that this is new to him; this is new to me as well. Thank you, Mr. Kmiec, for bringing this up. It is more interesting than I expected it to be.

I'm trying to get my mind around what a temporary importation is. As I understand it, if you cross the border, you're temporarily importing a vehicle, straight up. As soon as you cross the border in a vehicle, in the eyes of the law, you're temporarily importing it. Is that correct?

[Mario Demers]

As soon as you cross the border, you are importing the clothes on your back, even. When it comes to a vehicle, you're importing. It's at that time you have to declare to customs whether this is a permanent or temporary importation. Based on that decision, different process flows apply.

[David Graham, Liberal, Laurentides—Labelle, QC]

Okay. You can bring in a vehicle to the other country, say, for 30 days, as long as you only go to your destination. Are you in a technical violation if you go to the grocery store in the other country?

[Mario Demers]

On that I'm going to have to defer to the CBSA, because the 30-day and the “not use” are CBSA criteria.

[Andrew Lawrence]

To clarify, the 30 days is outlined in customs tariff item 9802, which outlines the conditions under which a resident of Canada may temporarily import a vehicle. The conditions are up to 30 days. The vehicle would have to be exported solely for going from the port of entry to point A, and then from point A back to the port of entry. By using the car while in Canada for leisure purposes or for transportation of goods or carrying.... If you were a Uber driver and you were carrying folks around, you would be in violation of the conditions in the customs tariff.

[David Graham, Liberal, Laurentides—Labelle, QC]

If that vehicle is caught at the grocery story, what are the penalties and the repercussions for that?

[Andrew Lawrence]

The penalties can be monetary, up to the duties and taxes owed on that vehicle. The vehicle may be seized for the owner's untrue statements.