Safety may not be top of mind for many Canadian consumers as they shop online, but those who worry about it may have a good reason.
Concerned about a significant drop in import inspections, Windsor West MP Brian Masse and others are calling on the federal government to reaffirm its commitment to protect consumers from counterfeit goods.
Masse, the Intellectual Property Institute of Canada, and the Canadian Anti-Counterfeiting Network also say counterfeit goods hurt the country's trade relationships.
The Request for Assistance program started in 2015 with a mandate to intercept counterfeit products at the border. Guards have detained 600 shipments a year, but since last summer, the number has dropped sharply to less than 20 shipments intercepted in January 2024.
The program authorizes Canada Services Board Agency officers to intercept and detain shipments, and Masse said the drop in inspections benefits organized crime.
By comparison, Customs Border Protection officers in the U.S. can also destroy shipments. It seized 23-million shipments of counterfeit products last year worth $2.41-billion USD.
Canada is the only G7 country on the U.S. Trade Representative Watchlist. Algeria, Belarus, Columbia, Vietnam, and Mexico are also on the list.
"Canada and the United States are each other's largest trade partners with nearly $3.6-billion worth of goods crossing the border each day," said Masse. "We must demonstrate that Canada can be trusted to protect consumers from counterfeit goods to fellow Canadians and our trade partners."
The Intellectual Properties Institute of Canada wants the federal government to reassess Canada Border Services Agency training and processes, invest more officers in the program, and amend the Trade Marks Act to include provisions for goods where the trade marks are considered "abandoned" or "deemed consent." It also wants the courts to be able to award damages against counterfeiters.
"We want to emphasize the crucial importance of a robust anti-counterfeiting enforcement program at the Canadian border. Counterfeit goods pose a significant threat to the Canadian economy, public health and safety," said the institute. "Canada Border Service Agency must prioritize the Request for Assistance program to combat this issue effectively."
It said while Canadian border guards are among the best in the world, without clear direction, the program falls short of expectations.
"As Canadians continue to feel more and more comfortable shopping online on third-party marketplaces and through social media, it is crucial to educate and help protect unsuspecting consumers from making the mistake of purchasing counterfeit goods," added the institute. "Counterfeit goods infringe on intellectual property rights, deprive legitimate businesses of revenue and undermine innovation. The goods can be unsafe, of poor quality, and pose a serious risk."
The American watchlist notes Canada has made significant progress in intellectual property protection and enforcement with provisions included in the United-States-Mexico-Canada Agreement, "but piracy persists," and "various challenges" remain. It cited poor enforcement at the border and within Canada.
