what would you do if cbsa got it wrong
 

A friend recently imported a second hand vehicle from the States. He went back through the border to Canada, apparently took a wrong turn (there are 2 close by), and met with a CBSA officer who said he was not able to temporarily import the car. Despite being on a 36 month work permit, he was told by the CBSA officer that he was not eligible to import it as a TFW.

He told the CBSA officer this, but the officer argued with him, saying "NO! As if you are going to bring this vehicle back to New Zealand."

Anyway, so my mate felt pretty lost (how do you argue with THE authority) - but then realised there was another border crossing where he could do the importation.

He asked the officer, who was about to direct him to "secondary", and luckily they let him turn around and return to the proper Blaine border. He said CBSA there knew EXACTLY what to do, and were super friendly/nice. In and out within 30 minutes, and the officers knew exactly what to do, without him saying anything (apart from telling them he was a TFW etc)

Got me thinking, by !, if you come across a CBSA officer who might not know the rules, how could you go about appealing it? They'd probably just find a reason to detain you for a while and if you went to their supervisor, they'd be further p*ssed.

Is this common, and thoughts?

Re: what would you do if cbsa got it wrong
 

Option 1. Tel them they are a complete idiot, don't know what they are talking about and you are doing it anyway. This may not get the desired outcome though.

Option 2. Ask for their supervisor or the officer in charge. Pissed or not, they cannot refuse.

Re: what would you do if cbsa got it wrong
 

Very good. I think he was just thinking there was no way to argue with that officer, and even after he told him he had called CBSA, and it was on a website of theirs, the guy didn't care. But you are right, it would have to be Option 2 with the hope that the supervisor is more reasonable to deal with.

Just out of interest, if he had "lost" the argument that day with the guy who insisted there was no way he could temporarily import a car, and paid the taxes, are there grounds for appeal?

Anyway, glad it all got resolved positively for him, but it worries me that rules might depend on the officer in question. Fortunately I am not importing anything from the States :p

Re: what would you do if cbsa got it wrong
 

If you believe you paid taxes incorrectly, you can fill in a form to try and get the tax back. It goes to the service centre for review and eventually, if you have proven your case you get a cheque back. We have had to do this a few times and enclose copies of the tax act, as the officer at the point of import must have been unfamiliar with the act he was enforcing!

The tax that is being collected on vehicles in BC is provincial tax, not federal, so you would send the application to the ministry of finance.

When doing an import, if there might be any doubt, take a copy of the legislation with you to the border to show the officer.

Re: what would you do if cbsa got it wrong
 

Im just wondering why a CBSA officer would say you can't import the vehicle but then collect the taxes:huh:
As for the payment the taxes payable at the border on a vehicle are Federal you only pay the Provincial portion when you go to register the vehicle.
If you ever feel that the officer is incorrect then ask to speak to a supervisor.
As a visitor (including worker) then no taxes payable however if the officer felt that the vehicle would not be exported then a security deposit could be asked for.
Was the US vehicle registered in that persons name or had they just bought it in the USA?

Re: what would you do if cbsa got it wrong
 

In BC, private used vehicles don't attract GST, just PST, so what tax would CBSA collect? Other than vehicles, PST is collected at the border in BC.

Re: what would you do if cbsa got it wrong
 

I'm just wondering how the CBSA inspector could have been unaware because you have to get clearance from CBP first and then they hand you off to CBSA.

But anyway, yes, you ask to talk to the superintendent. And he will ask you if you want to file a formal complaint against the inspector.

When I go through I have their manual, the regulations and the legislation on my phone so I can look it up if I think it's wrong and point out to them what they've done wrong. Which I have done now on several occasions. More usually on the US side but I have had it come up once on the Canadian side.

Re: what would you do if cbsa got it wrong
 

Private sales of vehicles conducted within Canada don't have GST collected.
On importations of vehicles from outside of Canada CBSA only collect any duties, excise taxes and the GST/HST. The PST is collected when they go to register it.
CBSA do collect PST on personal importations at the border but not on conveyances and vehicles.
Taken from the Importing a vehicle into Canada brochure

If you import a vehicle into Nova Scotia, New Brunswick, Newfoundland and Labrador, Ontario or British Columbia you must pay the GST on your importation, as well as the provincial part of the harmonized sales tax (HST) when you license your vehicle.

Basically CBSA will collect 5% GST even if your Province has HST as that is the Federal portion of the HST. If your Provincial rate of HST is 13% then 5% is actually GST and the other 8% would be payable when the person registers the vehicle.

Re: what would you do if cbsa got it wrong
 

Thanks all for weighing in. I am only relaying as I heard it, but the telling is partly my fault. The CBSA officer was basically saying that he couldn't import it "as a TFW" and it would need to incur all the full taxes (and whatever at that point)

My friend had rung CBSA before going across the border and he said a very nice CBSA officer had told him he could import it temporarily on a TFW.

Thanks again, I feel better now to think that if there are any issues, a superintendent/manager can be requested.

Steve - That is why he turned around, because he realized he went to the wrong border. The Blaine? one where the US station is right next door was much more understanding, presumably because they did it regularly, after getting US clearance?

Former Lancastrian - I think he had just bought it because that was why he went over to the States.

Thanks again, folks.

Re: what would you do if cbsa got it wrong
 

Now I understand why he had a problem. When he initially arrived in Canada and got his work permit issued he didn't have the car with him. He then decided to buy a vehicle in the US and bring it back to Canada. The moment he was issued his work permit he became a temporary resident of Canada as he was living and working in Canada. He would therefore fall under the returning residents exemptions if he left Canada on short trips or vacation.
He would no longer be classed as a non resident for bringing in a vehicle at a later stage as he didn't own one when he first arrived therefore the one he bought in the US would be subject to all duties and taxes applicable. He wouldn't qualify to bring it in exempt of taxes and that is probably where he misunderstood the 1st officer.