Canada, Land of Indestructable Red Tape for Kit Cars

[Argess]

I was thinking of building a GT40 for some time, but am still put off with the legality of importing a kit. A real kit, no partial assembly. I have done this before with a Cobra kit. The Motor Vehicle Safety Act changed during that time and as far as I know, I didn't break any laws as I merely imported parts.

I was assured by the private engineering company that certifies homebuilt cars for the maritme provinces' Registry of Motor Vehicles that one can still import a kit as seperate parts, but I'm not so sure.

Since I brought in parts years ago, the law may not not have changed, but Transport Canada's view on it has been "adjusted" that puts a nail in the "parts" loophole coffin, as per these two links:

http://www.tc.gc.ca/eng/roadsafety/t...4-menu-685.htm

http://www.tc.gc.ca/eng/roadsafety/t...04-faq-689.htm

Although I did research this a bit two years ago, I was unaware of the above two links, and certainly unaware of the Ministry of Transport vs. Macro Auto Leasing on the import of partially assembled Superperformance cars. Here's the link for that:

http://decisions.fct-cf.gc.ca/en/200...2007fc521.html

I heard a rumour of a fistfight in Ontario between a Superperformance rep and a member of Transport Canada (possibly Harry Baergen) which can't have helped much. And apparently the Ontario Kit Car Association/Club (am unsure of their exact name) is still doing battle with TC on this.

Looking for updates, I see that Transport Canada's appeal on the Macro case was dismissed:

http://decisions.fca-caf.gc.ca/en/20...008fca136.html

and more here:

http://reports.fja-cmf.gc.ca/eng/200...2007fc521.html

On that basis, one should be able to import most any kit. But nothing has changed with TC that I can find.

Seems to me, that TC should be more concerned with having a competent inspector certify a homebuilt car vs trying to keep a pile of car parts from coming into the country. In light of the TC appeal loss, and seeing their subsequent clarifications (first two links) I doubt that will ever happen.

Anyway, lots of good reading and info for Canadians interested in Kit Cars.

[SunDude]

Argess,

If you're really serious about importing a GT40 starter kit, then I suspect you have no choice but to contact Harry B. at TC and figure out exactly what may and may not be included in the kit (regardless of whether the parts come in a single or multiple/separate shipments).

TC has come to some type of accommodation with Factory Five Racing on this, so you should also be able to figure it out too. The experience might be arduous, but seems unavoidable. Think positive, be patient and try to avoid arguing with them; they hold all the cards.

Good luck!

[jwd]

Unfortunatley, Canada appears to be more screwed up than the state of California (if that's possible). I had a buyer for my car, that is legally titled as a 1965 in the state of Washington. He and I did independent searches for info. on getting the car into Canada. We both were told by several Canadian agencies (including TC), there is no possible way to get that car into Canada even if we were to disassemble it and take it across the border one piece at a time.

Jim

[Argess]

Yes, I'm serious. Was already to send ERA a cheque (have already seen their cars a number of times at their facilities), but held back when the economy fell last year. Now that it's coming back, I started to double check my previous research.

I have no doubt at all that the ERA kit won't be accepted as a "starter kit" as per the first two links in the original post. So I could bring back body panels, frame, but no suspension, fuel system, etc.

I really don't want to double the cost of the project with lawyer fees defending myself as per the Marco presidence.

Before calling TC, I'll do more research. I have a few contacts to call first.

[65cobraking]

You can bring a kit as separate parts into Canada. (time consuming)I am currently building a cobra and getting most of my parts from the States,just have to pay GST and PST on the parts when you cross the border.By the way do not bring the frame with suspension parts on them, then Transport Canada has to be involved.
Mike.

[xlr8tr]

love to hear more about this: I'd love to build something one day (soon!) but this whole gov't gong show certainly puts a damper on it. There was a guy in Alberta building and selling driver versions of the mongoose as recently as last year, but never did get a real idea how he was licensing them.

[Hexnut72]

It is very difficult and they take each case on a case by case basis. Even the same "starter kit" from FFR has to be individually allowed through by TC for each buyer. Harry and Silvain are the guys to talk with at TC, but it is YOUR responsibility to submit to them what you are bringing in and then they will okay or deny it. You can not contact them and give them a list and ask them to tell you what you can not bring in. So... you submit a list and they will either accept it or reject it. If they reject it you start over with few hints as to why it was rejected.

If you show up at the border and the border guys don't like what they see, they will turn you away. If you do not have paperwork from TC to verify they can turn you away or seize the items. The border guys have really started to police this. It started a few years ago when the dollars reached parity and so many Canadians were crossing the border to buy goods. Auto parts (lift kits and wheels and tires on trucks) became prime targets.

If you buy what qualifies as a "starter kit" from a company, you can not buy more parts from them, or anyone that does business with them.

Seriously whacked.