I don't believe you'll have a problem with CBSA at the border, it's when you get on Ontario roads where you'll most likely get pulled over, and they will confiscate/destroy it at roadsideKnowing that it is illegal to "use" a detector in Ontario, what is the implication of possession?
I am over the border regularly, where it is legal. What happens when crossing the border?
Firearms cannot be taken over the border (possible exception of hunting I presume?) does this fall in a simlar situation?
the out-of-court fine for s79 (2) is $140 + $25 Victim Surcharge + $5 court fee = $170
s79 (2) also carries three demerit points
if you choose to go trial and loose, the crown can raise the fine up-to $1000
RE: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK138
Speed measuring warning devices
79. (1) In this section,
“speed measuring warning device” means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment. 1996, c. 33, s. 12.
Speed measuring warning device prohibited
(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device. 1996, c. 33, s. 12.
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12.
Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79 (4).
Penalty
(8 ) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $1,000; and
(b) for each subsequent offence, to a fine of not more than $5,000. R.S.O. 1990, c. H.8, s. 79 (8 ).
RE: http://www.ontariocourts.ca/ocj/files/setfines/one/schedule43.doc
RE: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm
Item | Provisions for Offences | Number of Demerit Points | Short Description of Offences for Convenience of Reference only |
37 | Subsection 79 (2) of the Highway Traffic Act | 3 | Motor vehicle equipped with or carrying a speed measuring warning device |