As an importer, your goal is to deliver exactly what your Canadian customers want. That said, Canada takes the safety, security, and well-being of its citizens seriously. As a result, several categories of goods are prohibited or restricted from entering the country. 

To avoid penalties like fines, seizures, or prosecution, you need to know which items are banned and ensure all necessary permits are obtained. Understanding these regulations means you can ensure your imports comply with Canadian law and continue to provide excellent service to your customers.

 

What Are Prohibited Goods?

Prohibited goods are commodities that are strictly banned from being brought into Canada, for health, environment, safety, security, and trade reasons.

These include:

  • Hazardous waste and certain chemicals
  • Products made from endangered species
  • Obscene materials, including any material that depicts or involves the exploitation of children
  • Counterfeits, including money and branded products
  • Goods produced by forced labor that are intended for sale by a person or firm
  • Used mattresses and certain used vehicles
  • White phosphorus matches
  • Hate propaganda, and items promoting sedition or treason
  • Weapons, including items like tasers, brass knuckles, pepper spray, and certain knives.
  • Soil, which can carry harmful organisms that threaten Canada’s agriculture and ecosystems

 

What Are Restricted Goods?

Restricted goods are items that require a license or permit to enter Canada. The Export and Import Controls Board monitors the import and export of controlled goods like sugar, softwood lumber, weapons, munitions, and nuclear materials, as well as common restricted goods including:

  • Food items: Nuts, grains, seeds, fresh fruits or vegetables, and dried foods. They are regulated by the Automated Import Reference System (AIRS).
  • Firearms: Non-restricted and restricted firearms each have detailed requirements, including forms and fees.
  • Vehicles: Must meet the standards set by the Registrar of Imported Vehicles (RIV).

Each category has its own regulations that must be followed to ensure compliance with Canadian customs laws. These goods can be imported if all necessary conditions are met.

 

What Happens When Prohibited Goods Are Caught and Held?

When prohibited goods are identified at the border, they are seized by the Canada Border Services Agency (CBSA). Importers may face fines, and the goods are either destroyed or returned to the sender. 

  • Minor violations, including failure to declare certain low-risk items, administrative errors in documentation, and non-compliance with minor import/export regulations -Fines of up to $500 per violation.
  • Serious violations are more significant breaches that can impact safety, security, or the environment. These often involve importing restricted goods without the necessary permits, misclassifying goods to evade customs duties, failure to declare items that could pose moderate risks, or repeated minor violations – Fines of up to $800 per violation.
  • Very serious violations involve intentional or grossly negligent actions that pose substantial risks to public safety, security, or the environment. These often involve the smuggling of prohibited goods such as firearms or narcotics, providing false information to customs authorities, or engaging in activities that significantly threaten public health or safety – Fines of up to $1,300 per violation.

In some cases, legal action may be taken against the importer:

  • Seizure of goods: The CBSA may seize the prohibited goods. Depending on the situation, these goods may be destroyed or returned to the sender if return arrangements are pre-paid.
  • Vehicle seizure: If prohibited goods are transported in a vehicle, the CBSA may also seize the vehicle. The importer must pay a fine to recover the vehicle.
  • Criminal charges: Importers may face criminal charges and court fines, particularly in cases involving dangerous or illegal items such as firearms, narcotics, or hate propaganda.

 

How to Determine the Admissibility of Goods

To determine if your goods can be imported into Canada, follow these steps:

Gather Relevant Information 

Collect all necessary details about the goods, including a detailed product description, the bill of lading, commercial invoice, certificates of origin, and any necessary import permits. These documents help customs officials verify the goods and ensure they meet all regulatory requirements before entry into Canada.

Verify Prohibited Status

Check the Memoranda Series D9, Prohibited Importations, to see if your goods are banned from entry into Canada. Look for specific sections that apply to your goods. For instance, D9-1-1 covers obscene materials, while D9-1-6 addresses goods manufactured with forced labor. Each section outlines the legal basis for prohibition, examples of prohibited items, and any exceptions or special conditions that may apply.

Additionally, the memoranda details the documentation and procedures required for goods that might be mistakenly classified. If you find that your goods fall under a prohibited category, it is essential to seek alternative products or obtain necessary permissions and clearances from relevant authorities.

 

Check for Permits and Regulations

The “Reference List for Importers” provided by the CBSA outlines which government departments and agencies need to be consulted to determine if the commonly imported goods you want to import are allowed, if permits are required, or if specific regulations apply.

For example, food and agricultural products might require permits from the Canadian Food Inspection Agency (CFIA) to ensure they meet health and safety standards. Health products, medical devices, and pharmaceuticals may need approval from Health Canada. Importing firearms and ammunition typically requires permits from the Royal Canadian Mounted Police (RCMP) and Global Affairs Canada. Additionally, hazardous chemicals might require permits from Environment and Climate Change Canada, while certain textiles and clothing imports could need approval from Global Affairs Canada.

 

Seek Expert Assistance

Consider hiring a customs broker to assist with obtaining releases, paying duties, preparing necessary documents, maintaining records, and responding to CBSA inquiries. Turning to a customs broker like ClearIt can ensure you only import permitted items, reducing the risk of penalties and ensuring smooth customs clearance.

 

 

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