Many travelers, including seasoned and sophisticated travelers, misunderstand the fundamental obligation to declare all goods being imported into Canada.

The most common misconception is often that “I’m within my exemption limits” and therefore “I don’t have to tell anybody what I’m bringing in”.

A recent case from the Federal Court of Appeal (“FCA”) demonstrates that this is far from the truth!

Fedorenko v. Canada

In Fedorenko v. Canada, 2024 FCA 147 a traveller arrived at Pearson International Airport in Toronto carrying over 8 kilograms of meat sausages, among other food items.  Although the traveller partially declared the meat products at the self-serve primary inspection kiosk (and possibly on a declaration card onboard the airplane) she failed to declare the sausages to two border services officers on subsequent questioning, until her bag was searched at secondary inspection.  She was issued an administrative penalty of $1,300.

At the FCA, the traveller appeared to reiterate her arguments previously raised at a Tribunal hearing about the sufficiency of her disclosure (due in part to her truthful answers to some questions at primary inspection).  She also appeared to suggest that she could establish the meat products had been eligible for importation under an exemption in the regulations all along.

The FCA dismissed the traveller’s appeal, finding the Tribunal decision reasonable.  It also dismissed the argument that goods being legal to import could excuse non-disclosure to border authorities.

The Need to Declare

Fedorenko highlights the clear distinction that exists between the rules for declaring one’s goods to Customs and those for the eligibility of goods for importation.  In the FCA’s view, the obligation to declare products for inspection exists notwithstanding any applicable exemptions for importation.

In practice, this principle extends to the importation of all goods, whether it be agricultural products, foods, natural health products, or even knives, weapons, and toy weapons!

Simply thinking “I’m within my rights”, “I have already paid taxes on it”, or “it’s only for personal use” does not excuse a failure to declare your imports and, in our experience, doing so can complicate the release of items seized by the Canada Border Services Agency (“CBSA”) (even if they are lawfully imported!).

Appeals & Recourse

For those who receive a fine or penalty in respect of a mis-declaration, there are recourse rights. 

Matters including Seizure Receipts (K19 or K19RCMP), a Notice of Ascertained Forfeiture (K9) or a Notice of Penalty Assessment – Personal (BSF838), can all be appealed where merited.  However, it is important to act fast as the deadline to submit a request for ministerial review is usually 90 days from the date of enforcement!

Takeaways

There is no substitute for detail and full candidness and a full declaration at the border.  The CBSA has some of the most stringent powers around!

When travellers do find themselves running afoul of the border procedures, there is no substitute for legal advice.  A series of appeals is also usually required!

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