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Importing and Building Kit Cars In Canada

Did you know that under the Canadian constitution, as a Canadian citizen you have the right to build your own car and there is no way that any level of government can stop you from doing so? 

If you have looked at the concept of building or importing a kit car at all you will have run across the Federal Govt web page outlining cars that are eligible for importation into Canada and observed that it emphatically states "Kit Cars - None are allowed".

At his point many would be builders give up completely on the dream of owning a kit car because they believe that there is no way they are going to be able to get past the Federal DOT, and that is a shame because if you approach it correctly the dream can be reality.

We have been importing Kit cars since 1997 and in that time have successfully done so more than 400 times. In the process of doing so we have acquired a wealth of knowledge on the subject and what follows is an outline of the critical steps to use should you decide to import your own kit car into Canada.

The first item on your list will be to decide what kit and kit car company you want to work with. Having made that decision contact them and ask if they have shipped any of their kits into Canada. If they have they should be aware of the requirements.

If they have not, you will need to make them aware of the requirements. Before  getting into the requirements a little back ground is in order as follows. As it states on the previously referenced DOT webpage kit cars are not allowed in Canada. That said starter kits are allowed with the difference between a starter kit and a kit car being that a starter kit is a kit car that has no components for the brakes, steering, suspension, fuel, or wiring systems.

Stepping back even further the underlying principle that the DOT is attempting to enforce is that they are trying to reduce the number of cars on the country's highways that are built by uncertified builders. A certified builder being the likes of Ford, Chev and Chrysler etc. who will provide them with six examples of each model that they can drive into walls to ensure that the crash test dummies survive. 

Thankfully as a homebuilder of your own car you are not required to meet the same standards as would a certified builder since the DOT recognizes that to impose that restriction would be to impose an impossible to meet standard and that would effectively fly against your rights under the Canadian constitution as in it would prevent you from building your own car.

One of the critical things to be aware of is that under the law you can not take a complete kit and break it up into multiple shipments from the same company doing so is a contravention of the appliable federal law and there are some rather severe penalties which could be enforced upon you if yo are caught doing so, therefore if the company that you've chosen to work with suggests that they have done this in the past and would be willing to do so for you your best course of action is to politely thank hem for their time and find another company that is willing to play by the rules because it is you who is ultimately will suffer the wrath of the Canadian Federal Govt. and not them.

So, with that backgroud the way to approach this with your chosen manufacture is to ask them if they are willing to remove the specified components from the pack list for the kit car and send you a copy of that pack list that you can forward on to the Canadian Federal DOT for their assessment as to whether this shipment  would in their view be considered a kit car or a starter kit. Here again if the company is not willing to do that your only option is to move on and continue your search for company that is willing to work with the DOT and you in such a way as to allow you to legally import your kit car.

Once you have identified a manufacturer that is willing to work within the rules, has the kit car you desire and you have obtained tentative approval from the Federal DOT the next thing that will have to happen is you will need to pay for the kit in advance and be prepared to wait several weeks after payment while the DOT processes your paperwork and issues you the necessary approval letter. Payment in advance is required because part of the paperwork the DOT requires is a paid invoice

 Once you have unapproved pack list send it back to your chosen vendor with instructions that they are to pack only the components listed on the approved pack list in that shipment. This is critical because if you're kit car arrives at the Canadian border in Canada customs decides to do a detailed inspection of the contents of your kit and it does not match exactly what the pack with states is in the crate you are in for a world of hurt. Any worst-case scenario you're kit could be seized by Canada customs never to be seen again. So as you can see it is critical that you play by the rules and that you trust your chosen vendor to play by those same rules because it is you that will suffer and not them in the event of any issues when you cross the border with your kit car. 

Do not be alarmed if on the first try the DOT comes back to you and says that the pack list as submitted is not acceptable. Provided that your chosen vendor continues to be willing to work with you, you need only remove the offending components from the pack list and resubmit it. Of course one of the challenges is that often they will simply tell you that the pack list is submitted is not acceptable without giving you any indication that at least initially of why. In the event that this happens your best course of action is either by e-mail or pick up the phone and contact them and ask them directly what they have issue with. Normally they will tell you what they have a problem with and as stated before removed the problem components and resubmit the pack list.

 Once you have unapproved pack list send it back to your chosen vendor with instructions that they are to pack only the components listed on the approved pack list in that shipment. This is critical because if you're kit car arrives at the Canadian border and Canada customs decides to do a detailed inspection of the contents of your kit if it does not match exactly what the pack with states is in the crate you are in for a world of hurt. In a worst-case scenario you're kit could be seized by Canada customs never to be seen again.

So as you can see it is critical that you play by the rules and that you trust your chosen vendor to play by those same rules because it is you that will suffer and not them in the event of any issues when you cross the border with your kit car.

If you are bringing your own kit across the border when you pull up to the border station Tele Canada customs officer that you have a DOT approved starter Kit refrain at all costs from using the words kit car because all of the customs officers know that kit cars are not allowed in Canada and in point of fact you do not have a kit car you have by the DOT's own assessment a starter kit you will find that Canada customs officers will use the words kit car and it is important that you keep re-emphasizing starter Kit not kit car. Even though the DOT has approved your shipment is ultimately the call of Canada customs as to whether the kit is allowed into the country and if they get the sense that this is a kit car it will not be allowed in.

 In the event that even though you have all of your paperwork in order but you run into a customs officer that had a fight with his wife this morning and has a man on a the world do not argue with the Canada customs staff remain polite and asked them what needs to be done the most likely response is going to be you're going to have to take it back to the states should that happen to you you will need to take it back and find someplace to store it at most border crossings there is usually a warehouse somewhere that you can rent for a day or two relatively cheaply while you sort this out. So if that has happened to you your next course of action is to call the DOT in Ottawa and explain what is happened and asked them to contact a customs officer involved normally that's all it will take and you will usually them be able to go get your kit and bring it across the border pay the appropriate taxes and be on your way.

 In the event that, having read the foregoing you decide that this sounds like too much hassle Contact us to discuss having us import your car on your behalf.

 

 

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About the Author

Eldon (AL) Beix through is Company Western Canada Cobras  (www.westerncandacobras.com) is the only authorized Factory Five Racing kit car distributor in Canada. He has been importing kit cars into Canada for more than 13 years and is a recognized souce of information for all things related to building and importing a kit cars in Canada.

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