Originally Posted by
yyzvoyageur
Using Nexus while carrying commercial goods
I saw a couple of posts recently regarding the carrying of commercial goods while using a Nexus lane or kiosk. For entry into Canada at least, the applicable law is subsection 14.1(1) of the Presentation of Persons (2003) Regulations:
Quote:
An authorization issued to a person to present themself in an alternative manner described in paragraph 11(a) or subparagraph 11(d)(i) or (iii) is only valid if, on arrival in Canada, the person does not have any commercial goods in their actual possession or in their baggage.
And from section 1 of that regulation:
Quote:
“commercial goods” means goods imported into Canada for sale or for any commercial, industrial, occupational, institutional or other like use.
Page 4 of the current Nexus Member's Guide makes the following exception:
Quote:
Personal computers and similar items carried by NEXUS members for their own personal use while on business trips are not considered commercial goods.
This is just a friendly reminder that if you're carrying spare parts, samples, a trade show display or anything else of a commercial nature that does not fall into the exception mentioned above, you are not legally permitted to use a Nexus lane or Nexus kiosk. Using a kiosk when you've answered (or should have answered) "yes" to the commercial goods question is grounds for revocation of your Nexus privileges.
That's the entire problem with the customs law in this and other countries... the absurdist ambiguities that have been inserted by people who have their own agendas. (Not that it is any way the fault of people on the front line.)
If I drive my car to Seattle, and back, am I "importing" my car into Canada when I come home? I wouldn't think so.
If I take my tools to Australia, and back, am I "importing" them when I bring them home? I wouldn't think so.
So while I might have goods (tools) that under some circumstances might be considered commercial goods, because I'm not actually "importing" them (I'm
repatriating them) it would appear that they aren't really commercial goods in this sense or instance. But what would the CBSA agent say?
At least at the YVR enrollment office there seems to be some common sense. I've been repeated and explicitly instructed, by several different uniformed personnel, that I should check the NO box for commercial goods (including tools), circle the word "tools", and write in "ORIGIN IN CANADA" on the declaration card, and answer NO to the questions on the kiosk.
I've been using NEXUS since the very beginning (after all the zeros, my actual NEXUS number is in the 2-digits) and have never had a problem. But I still wonder about the fine print.
'Course my ace in the hole is that even if I
am importing the tools, it's not "for sale or for any commercial, industrial, occupational, institutional or other like use." I'm simply bringing them home. In that regard I would expect that it's the same if I purchased some tools in Bellingham that I would use in my home workshop for hobby purposes.
As far as crossing into the US, I've been explicitly told by US agents at the Blaine border crossing that I can bring my tools into the US through the NEXUS lane so long as I'm not intending to use them in the US. This was handy when I was travelling to Europe ex-SEA, but I suppose would also be allowed if I simply left my tools in the trunk of my car while I popped across the border to buy gas. (But in the interest of "ease of use" I empty my trunk before crossing.)
At the YVR enrollment centre, the US agents suggested I simply answer yes on the kiosk which will direct me to the crew line. I've not tried this, nor do I think I will.
Nevertheless, the absurdity of so much customs law remains. I still expect to read somewhere that "for the purposes of this act, a telephone is not considered a telephone" or words to that effect.