COPA members who attended the 2004 COPA Convention had a chance to ask questions directly to Canada Customs staff.
Customs couldn’t provide answers to some of the questions that were asked, but instead sent us a written response.
We thought that many COPA members would be interested in these responses.
DIVERSIONS
Question: What if due to weather or mechanical circumstances a pilot cannot land where he/she had originally reported as their designated airport of entry and cannot make a call to advise of such because they are already in the air?
Answer: (D2-5-10, paragraph 8) – If the aircraft has to land at a place not designated for customs reporting due to weather or conditions or other circumstances, the pilot must call either 1-888-226-7277 or the nearest Canadian customs office or Royal Canadian Mounted Police office.
Depending on the circumstances, the flight may be cleared by telephone, the pilot and travellers may be requested to await the arrival of a customs officer, or the pilot may be requested to fly the travellers to the nearest AOE at the first opportunity.
Question: What is a pilot to do if after they have made their report and are in the air realize that their ETA is going to be different then what they have originally reported? Any of the group of people that I had contact with that uses cell phones did not want to use them because with the noise of the engines they cannot hear the person that they have called.
In the United States, if they miss their ETA they are fined. What happens in Canada if the pilot misses his ETA? Is there a penalty levied, or do they just make the second call?
Answer: While there is no penalty for not advising the Telephone Reporting Centre about changes to the ETA, pilots are asked to report any updates to their itinerary to Customs. All general aviation aircraft are required to make a second phone call after landing.
Question: Some of the pilots were concerned about the method of our examinations. The pilot of an aircraft is responsible for the airworthiness of the plane and for this reason would like to be present when the examinations take place.
They have reported circumstances when they were not allowed to be present while the plane was examined. What is the CBSA’s official response on this situation that could be published in a publication?
Answer: (TPM Part 10, Chapter 1, paragraph 7)
Section 99 of the Customs Act is the legislative authority for customs officers to examine goods that have been imported or reported for export.
(EN Manual Part 4, Chapter 1, paragraphs 26 and 27)
Persons should not be restricted from viewing the examination while it is being conducted, however, the person should not be in such proximity so as to be able to intentionally interfere with the examination.
At times, it will be necessary to have one of the occupants nearby to answer questions about the goods contained therein.
There is no legal authority to remove a person from the area of an examination or to prevent the person from viewing the examination while it takes place.
The interior of conveyances such as motorhomes and trailers should, where possible, be examined in the presence of the owner to prevent allegations of theft or misconduct against the officer. Where there is concern for violence, the examination should be conducted by two officers.
Question: What are the penalties involving aircrafts?
Answer:
(EN Manual, Part 6, Chapter 3) and AMPS
Depending on the severity of the violation, the person may be subject to criminal prosecution or the CBSA can impose penalties; seize goods and aircraft used to carry the goods.
The following sanctions might be applied when there is a contravention of the Customs Act and /or the Regulations.
1. When the said aircraft was used to transport persons into Canada in contravention of the Customs Act (failure to report):
Pleasure aircraft: First offence $100.00
Second & subsequent offences $400.00
Commercial aircraft: First offence $200.00
Second & subsequent $800.00
2. When the said aircraft was removed from a Customs office without having been released by an officer (aircraft passes through, fails to remain, or leaves a customs office in defiance of an officer’s instructions).
Pleasure aircraft: First offence $200.00
Second & subsequent offences $800.00
Commercial aircraft: First offence $400.00
Second & subsequent $2,000.00
3. When there is a contravention of the Presentation of Persons (Customs) Regulations and the conditions of the Customs Reporting Exemption Permit issued pursuant to these regulations. When the aircraft was used to carry passengers/crew into Canada who were not transported to Customs as required by law.
Pleasure aircraft: First offence $100.00
Second & subsequent offences $400.00
Commercial aircraft: First offence $200.00
Second & subsequent $800.00
Note: The foregoing applies where there is a contravention of the regulations respecting the use of conveyances. When goods are seized and there has been an evasion of revenue, if a conveyance has been used to import the goods, the conveyance may also be seized but terms of release, in regards to casual goods imported by travellers and not commercial goods, would be based on a percentage of the deposit required for the goods.
There may be other applicable penalties. Please refer to the website for the Administrative Monetary Penalty System
http://www.cbsa-asfc.gc.ca/general/amps/menu-e.html
Question: What happens if the plane that is seized belongs to an innocent third party?
Answer: (The Customs Act)
Under section 138 of the Customs Act, lien-holders and innocent third parties may protect their interests in any goods seized under the provisions of the Customs Act. Section 110(4) of the Customs Act requires that an officer who seizes goods or conveyances pursuant to section 110(1) or section 110 (2) of the Act take reasonable measures to give notice of the seizure to any person he/she believes is entitled to make an application under section 138 of the Act.
For CANPASS information:
http://www.cbsa-asfc.gc.ca/travel/canpass/menu-e.html
For AMPS information:
http://www.cbsa-asfc.gc.ca click on Enforcement on the left side of the screen and then select AMPS Program