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-   -   Under 18 going through customs in YUL (https://www.flyertalk.com/forum/canada/1111084-under-18-going-through-customs-yul.html)

fly-yul Jul 30, 2010 12:54 pm

There is a way to correct an "error" made on a prior customs declaration. But that is not applicable here because the kids got caught.

In a prior case, I filled out a NEXUS TDC card incorrectly which resulted in paying tax and duty when I was within my limits. CBSA was very helpful on the phone and processed the correct with 4-5 weeks.

will5404 Jul 30, 2010 4:21 pm

I'm afraid I don't have much sympathy, the form is incredibly simple and there's no reason why he shouldn't of been able to fill it in accurately, first time or not. How well did he do in English?

One golden rule of travel, don't @&#* with customs or you will get burnt.

For those unfamiliar, here is a sample form. Seems pretty clear to me.

tcook052 Jul 30, 2010 10:13 pm

Sorry but how does this relate to either AP or AC? :confused:

QNX Jul 30, 2010 10:25 pm


Originally Posted by zoobtoob (Post 14393170)
Yes, his passport is probably flagged now.

That was my main concern, thanks for the info.


Originally Posted by HereAndThereSC (Post 14393283)
It's not the end of the world really. It's not like he has a criminal record.

Yes, I know, he has to live with his mistakes, but I guess I will not fly him with me anymore .. :)


Originally Posted by YEG Guy (Post 14393339)
My guess is that your brother will have a very difficult time getting Nexus card within the next five years (where's the smilie for Mission Impossible music).

As for contesting the penalty, I would not recommend this coursed of action. If you contest, there is a good possibility CBSA will reopen the possibility of charging your brother with failure to declare. This would be a much more serious offense to have on his record.

The trickier question is what should family travel companions do when your brother is on the flight. My recommendation is to have your brother segregated from the rest of the travel companions for purposes of CBSA cards (e.g. have your brother fill out a separate declaration card and stand in a separate line from rest of the group). If your family fills out one declaration card and your brother is flagged for secondary. then the whole family could be sent to secondary. If your brother fills out a separate declaration card, there is a greater chance that only your brother will get senty to secondary.

I doubt he will be flying enough to need a Nexus card.

I will take your advice for this, contesting it doesn't seem a good way.

I don't think I will fly him with me anymore.. :D

Thanks for your reply, greatly appreciated.


Originally Posted by emcampbe (Post 14393586)
You can bring in a small amount of dairy, but any amount has to be declared, and there is a limit (can't remember what it is exactly). Not sure if above that limit gets confiscated, or if its just really high duties.

Be annoyed as you wish, but he did it to himself - he didn't declare items despite the fact that the form is quite clear that you have to check the "yes" box asking if he had dairy products. You can try and contest if you wish, but I agree that it might just make it worse. He made a mistake and now may have to live with some consequences for a little while - being under 18 is not going to sway most customs personal as an excuse, IME. If he was 12, then perhaps, 17, I doubt it.

I guess it wasn't about the cheese, as much about the clothes, the charges are for the clothes.


Originally Posted by tcook052 (Post 14396072)
Sorry but how does this relate to either AP or AC? :confused:

I stated in my OP that I'm not sure where is the proper forum for this post..


Thanks for the advice and feedback everyone, greatly appreciated.

tentseller Jul 30, 2010 10:38 pm


Originally Posted by QNX (Post 14392080)
1- He is under 18.. does that make a different ?

Nope, the young offender act are more lenient. He failed to declare.


Originally Posted by QNX (Post 14392080)
2- The total cost of the items is still within limit, why he had to pay fees .. ?

The fee is like a slap on the wrist. The punishment for failure to declare is seizure of all goods plus a fine many time the fees he was assessed


Originally Posted by QNX (Post 14392080)
3- I am more concerned about him being put on a list where they will give him hard time every time he passes the boarder, is it the case .. ?

Yup. Do not return to Canada on the same declaration or vehicle with him. His passport is flagged in the computer.


Originally Posted by QNX (Post 14392080)
4- If we need to contest this, what is the proper channel, how do we go with this .. ?

I am not a lawyer but I would consider him lucky to get off with just a small fee assessed. YYZvoyaguer has given you the link to do something about this if you want to; but you might be opening up a larger can or worms for both of you which you will regret.

zd007 Dec 15, 2011 8:49 pm

Just some experience of my own
 
This is over a year old but I had some personal experience I'd like to add and hope someone will find it useful via Google one day. Anyone who says "he should know better" is obviously not helping. It has happened, and the poor lad is looking for next steps. I'll share you the story of mine.

I first arrived at Canada when I was 16. I carried in my baggage wine, eggs, and meat, which I all said "no" to on the form. My baggage was searched and being under 19, I was not allowed to bring any alcohol. The officer (at Pearson) initially said my fine was $300, but after some checks, he gave me a warning, but no fine. He said it was my first time and I was under 18 so some leniency was given. My name probably entered the system too.

Five years later, in 2005, I left Canada for the first time. When I came back, no one bothered checking my luggage or asking any extra question. I walked straight out of the airport.

In the summer of 2011, I forgot to declare some items when I came back the from US. They found them in the car search. I had to pay the duties & taxes on them, with the invoice saying "Force payment. Duties & taxes collected in lieu of seizure action". The CBSA officer there said since it was my first time (???), it was only a warning. If I were to be found "untruthful" in the future, the goods may be confiscated and my record would be permanently marked.

Moral of the story? Yes, they do flag you, but they also forgive after a while. The consensus in the Red Flag Deal forum is 2 years, and 5 definitely did it for me. This is a common and (in most cases) small mistake. No need to treat all Canadians as crooks if they made the mistake only once.

On to your questions:


1- He is under 18.. does that make a different ?
No, but they may treat your brother more leniently, like I got in my case.



2- The total cost of the items is still within limit, why he had to pay fees .. ?
The failure to declare excludes you from the duty-free limit.



3- I am more concerned about him being put on a list where they will give him hard time every time he passes the boarder, is it the case .. ?
I had the same fear when I got it. It may subject your brother to more questions, but it goes away with time. Learn the lesson and be careful. Over declare to be sure.

I had a friend, who never had any incidents with the CBSA, and yet checked FOUR times when he recently boarded a flight from Honduras to Canada, connecting in Miami. They search people for different reasons, sometimes just a random pick, sometimes on a zero-tolerance day.


4- If we need to contest this, what is the proper channel, how do we go with this .. ?
I don't think contesting is good idea. The charge is small, the evidence is unfavourable. But if you want, other have answered the question.

Regarding NEXUS...
That card is really not worth it to me. I have to sacrifice a lot more personal information, just for the right to jump the queue by... 15 mins? You have to be a perfect citizen to apply, something I doubt even Jesus can qualify. This is but a small mark, it will go away (in 2 - 5 years). Calm down, learn the lesson, and tell your brother to focus on his academics -- that's more important to him.

emma69 Dec 19, 2011 9:48 pm

I declared cheese last year - I *think* the limit was 15Euros or 15kg, whichever is less - that would be 15 E then! They were fine with it, didn't even look at the cheese, just asked type and country and value - they were very surprised I knew the law tho!

LuvAirFrance Dec 19, 2011 10:40 pm

A good example why people who travel, whatever their age, need to know the rules. Is there some good reason that this 17-year-old wasn't curious about customs when bringing something back? To me, bringing things back means customs. Customs means declaring what you didn't have when you left. I think if a guy is old enough to travel, he's old enough to understand this since it isn't some kind of advanced science.


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