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Transitional
treatment of
packaged
wine in
inventory of
small
manufacturers
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309. (1) If tax under Part IV of the Excise
Tax Act is not payable in respect of
packaged wine because it was produced by
a person who is exempt from payment of
excise tax under the Small Manufacturers or
Producers Exemption Regulations,
subsection 135(1) does not apply to the wine
if it was packaged before the
implementation date.
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Determination
of sales for
transitional
purposes
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(2) For the period beginning on the
implementation date and ending on the day
that is one year after that day, the words
``products subject to duty under subsection
(1), or would have been so subject to duty in
the absence of this subsection,'' in
paragraph 135(2)(b) shall be read as ``goods
referred to in paragraph 2(1)(a) of the
Small Manufacturers or Producers
Exemption Regulations''.
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Application of
Act to
tax-paid
packaged
wine
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310. (1) If packaged wine on which tax
imposed under section 27 of the Excise Tax
Act became payable before the
implementation date is entered into the
excise warehouse of an excise warehouse
licensee on or before the end of six months
after that day, this Act applies in respect of
the wine as though it were produced and
packaged in Canada by the licensee and the
licensee were permitted under this Act to
produce and package it on the day it is
entered into the warehouse.
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Refund of
excise tax
paid on
packaged
wine
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(2) If the tax imposed under section 27 of
the Excise Tax Act in respect of the wine
entered into the warehouse has been paid,
the licensee may apply to the Minister for a
refund of the tax.
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Limitation
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(3) No refund shall be paid under this
section unless the application for the refund
is filed with the Minister in the prescribed
form and manner within one year after the
implementation date.
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Application of
Act to
tax-paid bulk
wine
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311. (1) If bulk wine on which tax imposed
under section 27 of the Excise Tax Act
became payable before the implementation
date is entered into the specified premises of
a licensed user on that day, this Act applies
in respect of the wine as though it were
produced in Canada on that day by the user
and the user were permitted to produce the
wine.
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Refund of
excise tax
paid on bulk
wine
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(2) If the tax imposed under section 27 of
the Excise Tax Act in respect of the wine
entered into the specified premises of a
licensed user has been paid, the user may
apply to the Minister for a refund of the tax.
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Limitation
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(3) No refund shall be paid under this
section unless the application for the refund
is filed with the Minister in the prescribed
form and manner within one year after the
implementation date.
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Definitions
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312. (1) The definitions in this subsection
apply in this section.
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``bonded
manufacturer'
' « fabricant entrepositaire »
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``bonded manufacturer'' means a person
who holds, before the implementation
date, a licence under subsection 182(1) of
the Excise Act.
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``licensed
pharmacist'' « pharmacien titulaire de licence »
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``licensed pharmacist'' means a person who
holds, before the implementation date, a
licence under subsection 136(2) of the
Excise Act.
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Application of
Act to spirits
in possession
of bonded
manufacturer
or licensed
pharmacist
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(2) If, on the implementation date, a
bonded manufacturer or a licensed
pharmacist possesses, in accordance with
their licence, spirits that were produced
before that day, the following rules apply:
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Refund of
duty paid by
bonded
manufacturer
or licensed
pharmacist
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(3) If, on the implementation date, a
bonded manufacturer or licensed
pharmacist possesses spirits on which duty
at a rate determined by the application of
subsection 1(2) or (3) of Part I of the
schedule to the Excise Act was paid, the
manufacturer or pharmacist may apply to
the Minister for a refund of the duty.
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Limitation
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(4) No refund shall be paid under this
section unless the application for the refund
is filed with the Minister in the prescribed
form and manner within one year after the
implementation date.
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Application of
Act to spirits
to be used for
scientific
purposes
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313. If a person described by any of
paragraphs 135(2)(a) to (d) of the Excise Act
possesses, on the implementation date,
spirits in respect of which a drawback
under subsection 135(2) of that Act is
granted at any time, the following rules
apply:
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Application of
Act to alcohol
in
bottle-your-o
wn premises
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314. The following rules apply to alcohol
contained in a special container located on
a person's bottle-your-own premises on the
implementation date:
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Removal of
alcohol from
customs
bonded
warehouse
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315. (1) If packaged alcohol is located in
a customs bonded warehouse on the
implementation date,
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Exception
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(2) Subsection (1) does not apply if the
alcohol in the customs bonded warehouse is
to be
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Transitional
treatment of
Canadian
manufactured
tobacco
products
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316. (1) The following rules apply to a
tobacco product manufactured in Canada
before the implementation date:
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Refund of
duty paid
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(2) If duty imposed under the Excise Act
on a tobacco product manufactured in
Canada before the implementation date
had become payable before that day but tax
under section 23 of the Excise Tax Act had
not become payable before that day, the
manufacturer of the product may apply to
the Minister for a refund of the duty.
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Limitation
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(3) No refund shall be paid under this
section unless the application for the refund
is filed with the Minister in the prescribed
form and manner within one year after the
implementation date.
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Transitional
treatment of
imported
tobacco
products
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317. The following rules apply to an
imported tobacco product:
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Transitional
treatment of
imported raw
leaf tobacco
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318. If, on the implementation date, a
person possesses raw leaf tobacco that was
imported before that day, this Act applies as
though the person imported the tobacco on
that day.
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Removal of
cigars from
customs
bonded
warehouse
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319. If cigars manufactured in Canada
are located in a customs bonded warehouse
on the implementation date, they shall be
removed from the warehouse and entered
into an excise warehouse on that day.
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Removal of
tobacco
products from
bonding
warehouse of
manufacturer
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320. (1) If a tobacco product
manufactured in Canada is, on the
implementation date, located in a bonding
warehouse of a person who is licensed under
subsection 196(1) of the Excise Act, the
product shall be removed from the
warehouse and entered into an excise
warehouse on that day.
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Removal of
tobacco
products from
bonding
warehouse of
authorized
distributor
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(2) If a tobacco product manufactured in
Canada is, on the implementation date,
located in a bonding warehouse of a person
who is licensed under paragraph 50(1)(c) of
the Excise Act, the product shall, on that
day, be removed from the warehouse and
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