As a general rule, any person who crosses a national frontier can expect to be asked to document his or her citizenship, and about what purchases or gifts he or she might be bringing across the border. This applies to U.S. citizens entering Canada, and re-entering the United States.

The following is a brief summary of customs and immigration regulations applying to U.S. citizens and/or permanent U.S. residents planning to visit Canada.

Many of our American clients have been asking us about whether they and/or their students will need passports to travel to Canada in the 2008-2009 season, or thereafter.

The answers are YES and NO.

Final passport regulations for U.S. citizens traveling to and from Canada were announced in April and, in short, there will be no change until June 1, 2009 from regulations in effect for the past several years. Thereafter, students on school trips will be exempt from passsport requrements if traveling by land (though not by air), but regulations for adults will change. A summary of the new regulation is as follows:

Students traveling in school groups, to and from Canada by land (bus and train), with parental permission, and accompanied by an adult affilitated with the school:

Before June 1, 2009: Students on school field trips, aged 18 and under (with adult supervision), will be required only to have proof of citizenship in the form of an original (or certified photocopy of a) birth certificate, or a passport if they happen to have one. Proof of identity is not now required.

After June 1, 2009: Students, aged 18 and under, traveling by land to Canada on school field trips (with adult supervision and parental permission) will be exempt from the passport requirements. Students will be required only to have an original or certified birth certificate, or a passport if they happen to have one. Proof of identity will not required.

Students traveling to and from Canada by air:

Before and after June 1, 2009: All students traveling to and from Canada by air will need passports to board their airplanes.

Adults traveling to and from Canada by land (bus and train):

Before June 1, 2009: Adults will need proof of citizenship in the form of in the form of a an original or certified birth certificate, or a passport if they happen to have one, and proof of identity, in the form of a government-issued photo-ID, such as a drivers license, or a passport if they have one.

After June 1, 2009: Adults will need proof of identity and citizenship in the form of a passport or what is being called a “passport card” or "pass card", which is a lower-cost, wallet-sized document that is not available yet, but soon will be.

Adults (and students) arriving by air:

Before and after June 1, 2009: All persons, including adults and students traveling to and from Canada by air will need passports to board their airplanes.

Resident aliens

Before and after June 1, 2009: An original Green Card is required for resident aliens (permanent legal residents of the United States who are not U.S. citizens) who will be traveling to Canada by air or land.

These new regulations are good news for tens of thousands of students aged 18 and under who travel to Canada by chartered bus or train every year. Those students will not (as originally proposed by the U.S. Government) need passports to learn about the people, language, culture, architecture, geography and topography of Canada.

The following is a link to a Department of Homeland Security web site containing detailed information: http://www.dhs.gov/xtrvlsec/crossingborders/

Visas are not required of U.S. citizens planning to stay in Canada for 180 days or less, but anyone with a criminal record, including a DWI conviction, should contact a Canadian Consulate or Embassy prior to traveling. Waivers of exclusion may be obtained, but the process can take several weeks. The phone number at the Canadian Embassy in Washington, DC is 202/682-1740.

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In general, you will be allowed to bring items, including clothing (of course), camping equipment, sports equipment, cameras, laptop computers, etc., for your own use. In theory, you may be asked to post a bond to ensure that certain items are taken back to the United States, but this rarely, if ever, applies to tourists.

You can also bring up to 1.5 litres of wine, 1.14 litres of liquor or 24 cans or bottles of beer, and 200 cigarettes, as long at you’re old enough. That’s 18 or 19 depending on the province you’re crossing into.

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In short, handguns, including mace and pepper spray are restricted, and automatic and assault type weapons are prohibited. Most hunting rifles and shotguns are non-restricted, except that anyone wishing to bring one to Canada must be 18 years of age. Detailed information should be obtained from the Canadian Firearms Centre (http://www.cfc.ccaf.gc.ca). Please also note that radar detectors are prohibited in Québec, Ontario, Manitoba, the Yukon and Northwest Territories (Nunuvut?) and are subject to confiscation, whether in use or not.

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The Canadian government knows from experience that divorcing or divorced parents of minor children have been known to try to cross the border with their children, without the consent of the other parent, to avoid legal obligations related to child custody. Thus, if you will be crossing the border alone with a young child, you probably will be asked to explain the circumstances.

Divorced parents who share custody of children should have copies of the legal custody documents. It may also expedite matters if a single parent traveling with children has a letter signed by both him- or herself and child’s other parent, explaining that the trip is being made with the consent of the absent parent. Occasionally, immigration personnel will telephone that parent, so, as an added precaution, it can be helpful if the absent parent can be reachable at around the time of the expected arrival at the border.

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Border crossing delays in the weeks following September 11, 2001 are legendary, but have eased considerably. However, we do sense that more attention is still being paid, on both sides of the border, to the travel documentation described in the foregoing paragraphs.

If you will be traveling to Canada by car, and on a tight schedule (such as driving to Canada for an important meeting, or to catch a scheduled airline departure from a Canadian airport), you might check the following sites for two to three consecutive weeks on the day, and at the time, of your contemplated arrival in Canada, for a preview of the waiting time. Please note that the following is a preview, not a guarantee, then click below:
http://www.ccra-adrc.gc.ca/customs/general/times/menu-e.html

TIP: If you’re driving to Canada, plan to fill your gas tank just before crossing the border, and buy only enough gas in Canada to get you back to the United States. Gas pricing can be a bit confusing, because measurements at the pump are in liters (and prices are in Canadian dollars) but in the end, gas is considerably more expensive in Canada.

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Every person who crosses the United States border is subject to search. If asked, you will need to declare any and all personal or commercial items that you will be bringing back to the United States (including items that you purchased or were given to you) that you did not bring with you when you left.

Usually, when returning from Canada after a 48-hour stay, you will be entitled to a $400 personal exemption on personal or household use items that you are bringing back. A $200 personal exemption applies for stays of less than 48 hours, or if you have already used all or part of your $400 exemption within the past 30 days. Separate limits on alcoholic beverages and tobacco products also apply (generally one liter and 200 cigarettes).

Family members traveling together and living in the same household may combine their $400 personal exemptions (but not their $200 exemptions).

TIP: keep your receipts and pack your purchases separately, especially if you’re over the limit and expect to pay duty on them.

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Prohibited items include articles forbidden by law to enter the United States, including dangerous toys, and illegal substances such as absinthe and Rohypnol. Restricted items include articles that require special licenses or permits, such as firearms, as well as certain fruits, vegetables, pets and textiles. Don’t even think about bringing Cuban cigars back, as long as George W. Bush has anything to say about it.

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Technically, if you have an expensive camera or laptop computer that was manufactured outside North America (in Japan, for example) either would be subject to duty if brought back to the United States. If you’re an extremely cautious person, you might stop at the U.S. Customs checkpoint before you cross the border and register items like these. Firearms, such as hunting rifles, taken into Canada should be registered to avoid questions upon return.

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If you have a choice of more than one route to and from Canada, you can compare the relative waiting times by clicking on the following link (or pasting the following web address into your browser window). We suggest that you try this for two or three consecutive weeks, on the day, and at the time of your contemplated border crossing.
http://forms.customs.gov/nemo/bordertimes/bordertimes.asp

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Articles purchased in duty-free shops will be counted toward your personal exemption when returning to the United States. Please note that items sold in these shops are duty-free only in the country in which the store is located, and are subject to duty and taxes when crossing the border.

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Business and leisure visitors, who are not Canadian residents, are eligible to receive refunds on the 7% federal goods and services tax (GST) paid on accommodations and tangible goods they have purchased during their stays in Canada.  

Visitors to Newfoundland, Nova Scotia and New Brunswick are eligible for rebates on the 15% harmonized federal and provincial taxes paid in those provinces.

To qualify, the combination of all purchases must total $200 CAD and the GST must be a minimum of $14 CAD.  Individual receipts must total $50 CAD and purchases of certain items, including alcohol and tobacco and meals in restaurants are exempt from the program.

Information and applications are available at virtually any hotel and most retail stores.  Make sure you read the application before leaving Canada.  Receipts (for goods but not accommodations) must be stamped by Canada Customs prior to submission.

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