Canadian kit car laws

[Dave]

I've been hearing of problems of getting Kit Cars into and on the road in Canada.

I'm wondering if anyone knows:

1. If the laws for this are the same all over Canada i.e are there differences between say Ontario and British Columbia?

2. How to register a kit car in British Columbia.

3. What the laws state or where i can find information on them?

I've had a couple of guys say that they can get them in , no problem (which is great).. i'm just interested on why it's such a problem, and to find out if there are any pitfalls to avoid when building.


Any help would be very appreciated.

Dave.

[Mark Charlton]

Dave,

In short:

The Federal Government of Canada prohibits the importation of completed and unbuilt kit cars into canada unless the completed car is over 15 years old. Unbuilt kits are not allowed regardless of age.

Parts, bodies, chassis etc. ARE, but not all together from one source at one time. There are people who have found legal ways and it is a lot of effort, but possible. Others have tried breaking the rules with various levels of success.

Each province has their own specific registration requirements to obtain a licence plate, but it usually comes down to having a safe vehicle with proper lights, brakes, wipers etc. This info is usually available from Provincial Government websites.

Good luck!

[Chris Martino]

If you're planning to import into Canada you be looking at a Car Kit, not a Kit Car (two different animals). I don't know about BC but the province of Ontario has exempt replicas from the Drive Clean program (emission testing) once the car is registered with a special VIN. Or, find a pre 1979 engine block. Registration requires a sworn affidavit of where you purchased the parts from in order to receive an "unfit" registration so you can take the car for it's Ministry of Transport Safety Inspection (as Mark noted) but technically speaking only a chassis, body and engine serial number are required for Ministry purposes (record for theft, accident etc.) when applying for the unfit registration.

Save yourself the headache and find a 15+ year old GT (not a titled 1966) which are exempt.

Send me an email if you want more info as this is only the tip of the iceberg...


Chris

[Dave]

Originally Posted by ChrisMartino

If you're planning to import into Canada you be looking at a Car Kit, not a Kit Car (two different animals). I don't know about BC but the province of Ontario has exempt replicas from the Drive Clean program (emission testing) once the car is registered with a special VIN. Or, find a pre 1979 engine block. Registration requires a sworn affidavit of where you purchased the parts from in order to receive an "unfit" registration so you can take the car for it's Ministry of Transport Safety Inspection (as Mark noted) but technically speaking only a chassis, body and engine serial number are required for Ministry purposes (record for theft, accident etc.) when applying for the unfit registration.

Save yourself the headache and find a 15+ year old GT (not a titled 1966) which are exempt.

Send me an email if you want more info as this is only the tip of the iceberg...


Chris

Cheers guy... Chris, email is on the way!!

[Ian Clark]

Hi Guys,

The situation in Canada regarding "kit cars" has many perspectives as there are both Federal and Provincial government ministries invovled. Importing requires dealing with Canada Customs who will not allow a "kit car" in under instructions from Transport Canada. Both are Federal agencies.

At the Provincial goverment level there are allowances for kit cars, customs, home builts, street rods and replicas. Each Province has different classifications regarding hand built automobiles. As Chris mentioned, proof of ownership to protect againt fraud or use of stolen parts is required along with satisfying Provincial Safety Standards and proof of insurance before a VIN will be generated and plates issued.

The proceedure varies from Province to Province, however there are Cobras, Hot Rods, Customs, Dune Buggies and a few lucky stiffs with GT40s plated across the country. It can be done, just don't even think about importing a kit car to start your project (unless it's more than 15 yrs old).

CAV Canada does not import kits or rolling chassis. That's not permitted, we do however import the basic parts which have never been used on a completed automobile or carry any maunfacturers VIN codes. We also manufacture a lot of parts here specifically for CAV GTs so a chassis can be completed. This means we have a tremendous amount of work to do when building a customer CAV GT to roller status.

Our customers understand the huge labour cost disadvantage this puts us in, since our dollar is dollar, whereas the SA Rand is about .15c these days. We'd love to bring the product in as a "replicator kit" which is permitted in the USA so our prices would be in line with the US CAV GTs. Not being able to do so adds over 30,000 to the retail price.

There are also additional duties here too but thats getting off topic. Canadian GT40 kit car enthusiasts are going to have to wait, however quality higher end, made in Canada CAV GTs are available in rolling chassis form, to your specs. Yes we have inventory.

Hope that helps, especially since there's no cure for GT40 obsession

Cheers

[Dave]

Originally Posted by Canuk40

Hi Guys,

The situation in Canada regarding "kit cars" has many perspectives as there are both Federal and Provincial government ministries invovled. Importing requires dealing with Canada Customs who will not allow a "kit car" in under instructions from Transport Canada. Both are Federal agencies.

At the Provincial goverment level there are allowances for kit cars, customs, home builts, street rods and replicas. Each Province has different classifications regarding hand built automobiles. As Chris mentioned, proof of ownership to protect againt fraud or use of stolen parts is required along with satisfying Provincial Safety Standards and proof of insurance before a VIN will be generated and plates issued.

The proceedure varies from Province to Province, however there are Cobras, Hot Rods, Customs, Dune Buggies and a few lucky stiffs with GT40s plated across the country. It can be done, just don't even think about importing a kit car to start your project (unless it's more than 15 yrs old).

CAV Canada does not import kits or rolling chassis. That's not permitted, we do however import the basic parts which have never been used on a completed automobile or carry any maunfacturers VIN codes. We also manufacture a lot of parts here specifically for CAV GTs so a chassis can be completed. This means we have a tremendous amount of work to do when building a customer CAV GT to roller status.

Our customers understand the huge labour cost disadvantage this puts us in, since our dollar is dollar, whereas the SA Rand is about .15c these days. We'd love to bring the product in as a "replicator kit" which is permitted in the USA so our prices would be in line with the US CAV GTs. Not being able to do so adds over 30,000 to the retail price.

There are also additional duties here too but thats getting off topic. Canadian GT40 kit car enthusiasts are going to have to wait, however quality higher end, made in Canada CAV GTs are available in rolling chassis form, to your specs. Yes we have inventory.

Hope that helps, especially since there's no cure for GT40 obsession

Cheers

Too true!!

It seems a bit crazy... they could have gone about this another way, and stated that you could only import certain "approved" kits through equally "approved" suppliers... which could have had quality checks etc by the governing bodies.

As it seem that all they are really looking for is safe cars that don't have stolen parts on them.
The shipments would still go through customs... but oh well i'll have to jump through the hoops... but i'm not going to give in, i will have my (self built) GT40.

[David Sturch]

I am keeping a paper trail for everything I have bought. So when I get enough of it together I will apply for an unfit permit first and some sort of Vin. I also plan on side marker lights and daytime running lights. You can see why Lambo's on donor chassis are the most build cars in Canada. The big issue is glass will they safety a car with Lexan side glass or do you remove it first.
Dave

[Dave]

I've sent an email to Transport Canada asking for the laws on Kit Cars... importing and registration... just to see exactly what they come back with.
Does sound like it's going to be a trial, getting a 40 kit all sorted. But with a little luck, a bit of help / advise and enough money... plus by the sounds of it the odd ritual sacrifice... i'll do it.

Cheers to all that have given advise.. keep it coming plus any stories about your builds.

Thanks Chris... that email helped to clear up some questions.

All i can say is roll on 2009.

[Dave]

Originally Posted by A-tomic

I also plan on side marker lights and daytime running lights.
Dave

What is the rules on side marker lights.. do you have to have them to get it through the registration??

Daytime running lights, is that a necessity too or personal choice??

[Mark Charlton]

This should help for Ontario registrations. I suspect BC is pretty similar.

Side windows and daytime running lights will not be your biggest problem.

[Mark Charlton]

Also, from: FAQ's

Vehicles Over 15 years old (except buses)

All vehicles (except buses) that are over 15 years or older by the date of manufacture are exempt from the Registrar of Imported Vehicles program. You must be able to prove the age of the vehicle to a Customs officer.

Kit Cars

A kit car is not permitted entry unless it was assembled more than 15 years ago. You will be required to submit proof of the age. Registration documents will have to show that the kit car was registered more than 15 years ago. The date the reproduction was assembled is the age of the kit car rather than the model year of the reproduction.

This is relevant also: Importation of vehicles into Canada from countries other than the United States

From Transport Canada:

PROHIBITED VEHICLES

Vehicles Manufactured for a Foreign Market

31. Vehicles less than 15 years old and buses manufactured on or after January 1, 1971, that are manufactured for a foreign market (a market other than the United States), do not comply with the Canadian Motor Vehicle Safety Standards. These vehicles are permitted entry only if they qualify for one of the provisions stated in paragraph 29.

Grey Market Vehicles

32. Grey market vehicles are foreign-specification vehicles that are re-certified by a United States company. They were originally manufactured for the domestic market of a foreign country and were subsequently imported into the United States where they have been modified to comply with the United States safety and emissions standards. Grey market vehicles may be identified by a label affixed by the United States company that altered the vehicle, indicating that they have been "imported," "altered," or "modified" to comply with the United States standards. These vehicles may not have a certification label affixed to them. Grey market vehicles are ineligible for entry to Canada and are to be processed in accordance with paragraphs 40 and 41.

Kit Cars

33. Kit cars are treated as vehicles whether they are presented for importation as a fully assembled vehicle, or as an unassembled vehicle in a kit.

34. A kit car does not meet the import requirements for the SOC label, the 17-character VIN, or admissibility status. Therefore, it is not permitted entry unless it was assembled more than 15 years ago and the importer can submit proof of age, e.g., a registration document. The age of a kit car is determined by the date the reproduction was assembled rather than the model year of the reproduction or the date of manufacture of a donor car. If in doubt, contact Transport Canada for a determination on the kit car's eligibility.

[Mark Charlton]

And this is why:

Transport Canada "Kit Car"
Information Provided by Harry Baergen - Transport Canada

The purpose of this document is to help you understand your responsibilities under the Motor Vehicle Safety Act (Canada) if you plan to manufacture replicars, reproduction Vehicles or kit cars for the purpose of sale in Canada, or, if you plan to import such motor vehicles into Canada, or, if you plan to home build a kit car in Canada. The letter also portrays Transport Canada's account of the industry.

Over the years, most companies that have set out to manufacture or import kit cars. For the purpose of sale in Canada, have not included certification in their design, as federal law requires. Most companies do not appear to be interested in federal standards, nor do they seem to be interested in the related SAE Recommended Practices for automotive manufacturing. To avoid federal jurisdiction, companies that are presently doing business in Canada are selling vehicles outside of Canada and, in some form, within provincial boundaries. Although, by selling non-complying vehicles within their province, they may be infringing on provincial law.

In general, there seems to be a belief in the industry that applying modern standards to a replicar is not only financially impossible, but that it will interfere with the authenticity of the vehicle, and that it will intrude on the hobbyist nature of the industry. Actually, it is financially and aesthetically possible to certify a kit car to federal standards. Because kit cars are replicas of previously manufactured vehicles, and their configurations do not change, the cost of certification can be amortized over the years. A company's ability to certify, or a company's attitude towards certification, does not depend so much on cost as it does on the company's level of technical and engineering expertise. And, as it stands to reason that a higher level of such expertise can only result in a better, safer product for the kit car hobbyist. Examining the federal standards in relation to a kit car will show that certification will not necessarily change the vehicles authentic appearance.

Currently the industry still operates by skirting the law rather than applying engineering practices, which would inherently include federal certification. Therefore, kit cars typically do not comply with the Motor Vehicle Safety Act, and they can not be legally sold in Canada. Transport Canada (TC) monitors the industry to deter companies and individuals who are considering the manufacture or importation of kit cars without taking into account the Canada Motor Vehicle Safety Standards (CMVSS), or the compatible FMVSS in the USA.

While TC focuses on manufacturers and importers of motor vehicles, which includes kit cars, TC has no jurisdiction with the home builders who are gathering parts from various sources to build their own car for their own use. The home builder can also buy parts in kit form (which usually need a donor car) as long as the kit supplier is not selling a disassembled motor vehicle. The way to differentiate between parts and motor vehicles is to determine whether it is possible, based on the assemblage of the parts in the kit, for the kit manufacturer to certify the vehicle; or, conversely, whether it is impossible because of the many pertinent parts that may be missing in the kit. In other words, is the kit certifiable as a vehicle or not? Canada Customs has a more basic guideline; if the kit only contains a bare frame and body shell, for example and it contains no mechanical parts, they will turn the importation over to Transport Canada. Parts kits will usually be missing most of the suspension, most of the fuel system, most of the brake system and most of the drive train - these parts will likely be supplied from a donor vehicle.

[Dave]

I suppose the list of safety regs must be pretty long then.

[David Sturch]

Mark,
I am adding the features like side marker and daytime running lights because the car I am building is about 5" lower than a GT-40. I want to be seen on the road. The feds want all kit cars to pass MVSS. I guess that means 5MPH bumpers, side impact beams. Tempered glass side and rear DOT approved front windshield. Just to name a few. I think I will have a harder time finding someone to insure it.
Dave

[Chris Martino]

From the Canadian Federal Courts website, The Honourable Madam Justice Simpson said:

[38] While I have sympathy for Transport Canada’s position. It is hard to see that safety concerns justify Transport Canada’s view that the Container’s Contents are vehicles when as a hobby, a person can buy a car kit, locate donor parts from wrecking yards and other sources and assemble an operational car without any oversight by Transport Canada. These homemade vehicles which are cobbled together with parts from a variety of sources are legally driven on our roads if they pass provincial safety certification and registration requirements which are designed to ensure that cars are safe before they are driven. These requirements also apply to kit manufacturers cars.

[39] I cannot conclude that safety considerations justify the very broad approach to the word “capable” suggested by Transport Canada. It simply cannot be the case that the Container’s Contents, which lack wheels and an engine, can be said to be readily capable of being driven when their assembly, even in a short time, could reasonably be expected to involve several days work by experts using specialized equipment.

[40] In my view, to be readily capable of being driven, a vehicle, when imported, must have an assembled body/chassis and an installed power train so that with a minimum of activity, including steps such as the addition of fuel and washer fluid, the inflation of tires, affixing mirrors and other minor parts removed or not installed for shipping and adding a battery, the vehicle is immediately capable of being driven. This conclusion means that Transport Canada overreached its authority when it took the position that the Container’s Contents which included two partly assembled chassis/frames with no wheels and no engines were capable of being driven on a road.

No wonder people get so confused about this topic, who's to believe anymore?


Chris

[David Sturch]

I think it should be like homebuilt aircraft. Experimental for personal use. As long as it passes a safety or inspection it should be allowed on the road. Look at the stuff they pull off the 400 on the long weekend.
dave

[Mark Charlton]

Thanks for posting that Chris. I had been looking for that and now have the full details thanks to you. For others who may be interested:

Federal Court - Macro Auto Leasing Inc. v. Canada (Transport)

I will be interested to see how this impacts future importations. I heard that Macro really suffered a lot from bearing the financial burden to defend the case. I hope Superformance SA helped out.

Dave: Home built cars are not subject to crash standards and so you only need to comply with whatever provincial road-use safety regulations are stated. it would be very hard for anyone to prove 5 MPH bumpers or side-impact effectiveness without destroying a car—which (along with emissions compliance) is why it is so prohibitively expensive to become a vehicle manufacturer here. Fortunately, home-built vehicles only are required to have basic safety equipment such as lights, brakes, wipers, mirrors, safety glass windscreen etc. And you're right, insurance will be a problem as very few will cover such a car and what coverage is available is expensive. Such is the cost of standing out!

[Chris Martino]

No problem Mark, I was going to post the link but forgot! I'm obviously not a lawyer but that verdict basically says to me that if the contents are missing engine etc then it's not a vehicle - which I think is exactly why the US importers don't have a problem as long as it's sans engine and transmission. (I think TC calls the US system a 'loop-hole')

If homebuilders are not required to pass CMVSS testing then nor should kit builders. These are not mass production cars in most cases and as far as the GT40 goes, it was and is a road legal car sold by Ford that builders are replicating anyway.

Safety first. OK - If TC are concerned about these replicas then (gulp) pay for/have a government sponsored engineer to oversee the build once during construction and when completed and sign-off that it's sound on inspection (MTO?), Then with that paper sign-off you submit it with your sworn affidavit for the unfit reg and VIN. Take it for it's safety and if it passes that then it's road worthy. They could have replicas come in once every 2-3 years for another safety to make sure everything is sound if they really wanted to enforce it to the 9's.

If this verdict opens the door for new dialog with TC to make the importation of replica's fair and with safety concerns addressed then I think we'll look back on this and thank Marco's for going to bat. I do hope he was helped out, that's a BIG loss.


Chris

[David Sturch]

I understand about home built cars. The problem that Transports Canada has is with cars that are imported as kits assembled and sold to a customer. There is no MVSS in those cars. A prime example Factory Five GTM not a replica their own car, designed by them and they will build it for you with a brand new crate motor. MVSS also has the do with the build process. If the home builder builds a car and kill himself from poor engineering or workmanship, it's his own fault. Most custom chassis builders in Toronto sell only off road chassis, even if is for a Cobra manly due to liabitlity issues.
Dave

[Russ Noble]

Originally Posted by A-tomic

If the home builder builds a car and kill himself from poor engineering or workmanship, it's his own fault.
Dave

What if he kills some other innocent party?