(b) in the case of cigars or imported manufactured tobacco, an excise warehouse licensee at the excise warehouse of the licensee;

    (c) a special excise warehouse licensee at the special excise warehouse of the licensee, if the tobacco product is one that the licensee is permitted under this Act to distribute;

    (d) a prescribed person who is transporting the product under prescribed circumstances and conditions;

    (e) in the case of an imported tobacco product, a customs bonded warehouse licensee or a sufferance warehouse licensee in their warehouse;

    (f) in the case of cigars, a duty free shop licensee in their duty free shop;

    (g) in the case of imported manufactured tobacco, a duty free shop licensee in their duty free shop if the licensee holds a licence issued under section 22;

    (h) an accredited representative for their personal or official use;

    (i) in the case of cigars or imported manufactured tobacco, a person as ships' stores if the acquisition and possession of the product by that person are in accordance with the Ships' Stores Regulations;

    (j) an individual who has imported the product for their personal use in quantities not in excess of prescribed limits; or

    (k) an individual who has manufactured the product in accordance with subsection 25(3).

Exceptions - sale or offer for sale

(3) Subsection (1) does not apply where

    (a) a tobacco licensee sells or offers to sell a tobacco product that is exported by the licensee in accordance with this Act;

    (b) a tobacco licensee sells or offers to sell

      (i) a tobacco product to a special excise warehouse licensee, if the product is one that the special excise warehouse licensee is permitted under this Act to distribute,

      (ii) a tobacco product to an accredited representative for their personal or official use,

      (iii) cigars to an excise warehouse licensee for delivery as ships' stores in accordance with the Ships' Stores Regulations,

      (iv) cigars to a duty free shop for sale or offer for sale in accordance with the Customs Act, or

      (v) cigars as ships' stores in accordance with the Ships' Stores Regulations;

    (c) a special excise warehouse licensee sells or offers to sell a tobacco product to an accredited representative for their personal or official use, if the product is one that the licensee is permitted under this Act to distribute;

    (d) an excise warehouse licensee sells or offers to sell

      (i) an imported tobacco product that is exported by the licensee in accordance with this Act,

      (ii) an imported tobacco product to an accredited representative for their personal or official use or to a duty free shop, or

      (iii) cigars or imported manufactured tobacco as ships' stores in accordance with the Ships' Stores Regulations;

    (e) a duty free shop licensee sells or offers to sell cigars in accordance with the Customs Act;

    (f) a duty free shop licensee who holds a licence issued under section 22 sells or offers to sell imported manufactured tobacco in accordance with the Customs Act;

    (g) a customs bonded warehouse licensee sells or offers to sell an imported tobacco product that is exported by the licensee in accordance with this Act;

    (h) a customs bonded warehouse licensee sells or offers to sell an imported tobacco product

      (i) to an accredited representative for their personal or official use,

      (ii) to a duty free shop for sale or offer for sale in accordance with the Customs Act, or

      (iii) as ships' stores in accordance with the Ships' Stores Regulations; and

    (i) a person sells or offers for sale cigars or imported manufactured tobacco as ships' stores in accordance with the Ships' Stores Regulations.

No sale or distribution except in original package

33. No person shall

    (a) sell or offer for sale cigars otherwise than in or from the original package;

    (b) sell or offer for sale manufactured tobacco otherwise than in the original package; or

    (c) distribute free of charge for advertising purposes any tobacco product otherwise than in or from the original package.

Packaging and stamping of tobacco

34. A tobacco licensee who manufactures a tobacco product shall not enter the tobacco product into the duty-paid market unless

    (a) the product has been packaged by the licensee;

    (b) the package has printed on it prescribed information; and

    (c) the product is stamped at the time of packaging.

Packaging and stamping of imported tobacco

35. (1) If a tobacco product or raw leaf tobacco is imported, it must, before it is released under the Customs Act for entry into the duty-paid market,

    (a) be packaged in a package that has printed on it prescribed information; and

    (b) be stamped.

Exception for certain importations

(2) Subsection (1) does not apply to

    (a) partially manufactured tobacco that is imported by a tobacco licensee for further manufacturing by the licensee;

    (b) a tobacco product that a tobacco licensee is authorized to import under subsection 41(2);

    (c) a tobacco product that is imported by an individual for their personal use in quantities not in excess of prescribed limits; or

    (d) raw leaf tobacco that is imported by a tobacco licensee.

Absence of stamping - notice

36. The absence of stamping on a tobacco product is notice to all persons that duty has not been paid on the product.

Unstamped products to be warehoused

37. If a tobacco product manufactured in Canada is not stamped by a tobacco licensee, the tobacco licensee shall immediately enter the product into the licensee's excise warehouse.

No warehousing of tobacco without markings

38. (1) No person shall enter into an excise warehouse a container of tobacco products unless the container has printed on it or affixed to it tobacco markings and other prescribed information.

No delivery of imported tobacco without markings

(2) No person shall deliver a container of imported tobacco products that does not have printed on it or affixed to it tobacco markings and other prescribed information to

    (a) a duty free shop for sale or offer for sale in accordance with the Customs Act;

    (b) an accredited representative; or

    (c) a customs bonded warehouse.

Exception for prescribed tobacco product

(3) Subsections (1) and (2) do not apply to a tobacco product of a brand if the brand is not commonly sold in Canada and is prescribed.

Exception for prescribed cigarettes

(4) Subsection (1) does not apply to cigarettes of a particular type or formulation, manufactured in Canada and exported under a brand that is also applied to cigarettes of a different type or formulation that are manufactured and sold in Canada, if

    (a) cigarettes of the particular type or formulation exported under that brand are prescribed cigarettes; and

    (b) cigarettes of the particular type or formulation have never been sold in Canada under that brand or any other brand.

Distinguishin g different cigarettes

(5) For the purpose of subsection (4), a cigarette of a particular type or formulation sold under a brand may be considered to be different from another cigarette sold under that brand if it is reasonable to consider them to be different having regard to their physical characteristics before and during consumption.

Non-complian t imports

39. If an imported tobacco product or imported raw leaf tobacco intended for the duty-paid market is not stamped when it is reported under the Customs Act, it shall be placed in a sufferance warehouse for the purpose of being stamped.

Removal of raw leaf tobacco or waste tobacco

40. (1) No person other than a tobacco licensee shall remove raw leaf tobacco or tobacco that is waste from the premises of the licensee.

Removal requirements

(2) If raw leaf tobacco or tobacco that is waste is removed from the premises of a tobacco licensee, the licensee shall deal with the tobacco in the manner authorized by the Minister.

Re-working or destruction of tobacco

41. (1) A tobacco licensee may re-work or destroy a tobacco product in the manner authorized by the Minister.

Importation for re-working or destruction

(2) The Minister may authorize a tobacco licensee to import any tobacco product manufactured in Canada by the licensee for re-working or destruction by the licensee in accordance with subsection (1).

Duty on Tobacco

Imposition

42. (1) Duty is imposed on tobacco products manufactured in Canada or imported and on imported raw leaf tobacco at the rates set out in Schedule 1 and is payable

    (a) in the case of tobacco products manufactured in Canada, by the tobacco licensee who manufactured the tobacco products, at the time they are packaged; and

    (b) in the case of imported tobacco products or raw leaf tobacco, by the importer, owner or other person who is liable under the Customs Act to pay duty levied under section 20 of the Customs Tariff or who would be liable to pay that duty on the tobacco or products if they were subject to that duty.

Imported partially manufactured tobacco

(2) The following rules apply to partially manufactured tobacco that is imported by a tobacco licensee for further manufacture:

    (a) for the purposes of this Act, the tobacco is deemed to be manufactured in Canada by the licensee; and

    (b) paragraph (1)(a) applies to the tobacco and paragraph (1)(b) and section 44 do not apply.

Additional duty on cigars

43. In addition to the duty imposed under section 42, duty is imposed on cigars at the rates set out in Schedule 2 and is payable

    (a) in the case of cigars manufactured and sold in Canada, by the tobacco licensee who manufactured the cigars, at the time of their delivery to a purchaser; and

    (b) in the case of imported cigars, by the importer, owner or other person who is liable under the Customs Act to pay duty levied under section 20 of the Customs Tariff or who would be liable to pay that duty on the cigars if they were subject to that duty.

Application of Customs Act

44. The duties imposed under sections 42 and 43 on imported raw leaf tobacco and tobacco products shall be paid and collected under the Customs Act, and interest and penalties shall be imposed, calculated, paid and collected under that Act, as if the duties were a duty levied under section 20 of the Customs Tariff, and, for those purposes, the Customs Act applies with any modifications that the circumstances require.

Duty relieved

45. (1) The duties imposed under sections 42 and 43 are relieved on a tobacco product that is not stamped.

Tobacco imported by an individual for personal use

(2) Subsection (1) does not apply to the importation of tobacco products by an individual for their personal use to the extent that the quantity of the products imported exceeds the quantity permitted under Chapter 98 of the List of Tariff Provisions set out in the schedule to the Customs Tariff to be imported without the payment of duties (as defined in Note 4 to that Chapter).

Duty relieved - raw leaf tobacco

46. The duty imposed under section 42 is relieved on raw leaf tobacco that is imported by a tobacco licensee for manufacture by the licensee.

Duty relieved - stamped tobacco imported by individual

47. The duty imposed under section 42 is relieved on manufactured tobacco imported by an individual for their personal use if it was manufactured in Canada and is stamped.

Duty relieved - importation for destruction

48. The duty imposed under paragraph 42(1)(b) is relieved on stamped manufactured tobacco that was manufactured in Canada by a tobacco licensee and that is imported by the licensee for re-working or destruction in accordance with section 41.