29 (1) No person shall, unless permitted under this Act or the regulations to do so, possess, purchase or receive any quantity of unmarked cigarettes or unmarked fine cut tobacco for the purpose of sale.  2011, c. 15, s. 39 (12). Possession of unmarked tobacco products (2) No person shall, unless permitted under this Act or the regulations to do so, possess any quantity of unmarked cigarettes or unmarked fine cut tobacco.  2011, c. 15, s. 39 (12). Seizure of unmarked tobacco products (3) If a person authorized by the Minister has reasonable and probable grounds to believe that a person is in possession of any unmarked cigarettes or any unmarked fine cut tobacco contrary to subsection (1) or (2), the person authorized by the Minister may, without a warrant, (a)  stop and detain the person; (b)  inspect the person’s personal belongings for unmarked tobacco products; (c)  if any unmarked tobacco products are found, require the person to provide identification for the purpose of, (i)  assessing a penalty against the person under this section, or (ii)  charging the person with an offence under this section; and (d)  subject to subsection (7), seize, impound, hold and dispose of the unmarked tobacco products.  2011, c. 15, s. 39 (12). Seizure of unmarked tobacco products in plain view (4) A police officer or a person authorized by the Minister may, without a warrant, seize, impound, hold and dispose of unmarked cigarettes or unmarked fine cut tobacco, subject to subsection (7), (a)  if, in the lawful course of his or her duty, he or she discovers the unmarked cigarettes or unmarked fine cut tobacco in plain view; and (b)  if he or she has reasonable and probable grounds to believe that an individual possesses the unmarked cigarettes or unmarked fine cut tobacco contrary to subsection (1) or (2).  2011, c. 15, s. 39 (12). Requirement re identification (5) A police officer or a person authorized by the Minister who seizes an unmarked tobacco product under subsection (4) may require the person from whom the unmarked tobacco product is seized to provide identification for the purpose of assessing a penalty against the person under this section, or charging the person with an offence under this section.  2011, c. 15, s. 39 (12). Same (6) A person who is required under subsection (3) or (5) to provide identification shall identify himself or herself by giving his or her correct name and address and displaying supporting documentation sufficient for identification purposes.  2011, c. 15, s. 39 (12). Application for possession (7) Any unmarked tobacco product seized under subsection (3) or (4) is forfeited to the Crown to be disposed of as the Minister directs unless, within 30 days following the seizure, the person from whom it was seized, or the owner of the unmarked tobacco product, applies to the Superior Court of Justice to establish a right to possession of the unmarked tobacco product.  2011, c. 15, s. 39 (12). Right to possession of unmarked tobacco products (8) For the purposes of an application under subsection (7), the applicant has a right to possession of the unmarked tobacco product if, at the time the seizure was made, (a)  the applicant was an individual who brought the tobacco product into Ontario or received delivery of the tobacco product in Ontario in circumstances in which section 13 applies and had paid the tax required under that section; or (b)  the applicant was the holder of a valid permit issued under, (i)  subsection 9 (1) if the application is for the right to possess unmarked cigarettes, or (ii)  subsection 9.0.1 (1) if the application is for the right to possess unmarked fine cut tobacco.  2011, c. 15, s. 39 (12). Disposal pending final determination by court (9) If a final order under this section is not made within 60 days after the filing of the application under subsection (7), the Minister may dispose of the unmarked tobacco product and retain the proceeds, if any, pending the determination of the application.  2011, c. 15, s. 39 (12). Order (10) If the court is satisfied on an application under subsection (7) that the applicant has a right to possession of the unmarked tobacco product, the court may order that the unmarked tobacco product be returned to the applicant or that the proceeds of sale of the unmarked tobacco product be paid to the applicant.  2011, c. 15, s. 39 (12). Forfeiture after dismissal of application (11) On dismissal of an application under subsection (7) and the expiry of the appeal period provided therefor, the unmarked tobacco product is forfeited to the Crown to be disposed of as the Minister directs.  2011, c. 15, s. 39 (12). Proceeds of sale (12) If a sale of an unmarked tobacco product is authorized under subsection (7) or (11), or if the proceeds of a sale are retained under subsection (9) and the application is dismissed, the proceeds of the sale remaining after payment of the costs incurred by the Minister in seizing, storing and disposing of the unmarked tobacco product shall be paid into the Consolidated Revenue Fund.  2011, c. 15, s. 39 (12). Offence, possession, etc., of unmarked tobacco product for purpose of sale (13) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to, (a)  a fine of not less than $500 and not more than $10,000 and an additional fine of not less than an amount equal to three times the tax that would be payable under section 2 by a consumer purchasing the same quantity of cigarettes or fine cut tobacco; and (b)  a term of imprisonment of not more than two years in addition to the fine and additional fine under clause (a), (i)  if the person was in possession of 10,000 or more unmarked cigarettes or 10,000 or more grams of fine cut tobacco, or (ii)  if it is not the person’s first conviction under this section.  2011, c. 15, s. 39 (12). Offence, possession unmarked cigarettes (14) Every person who contravenes subsection (2) and is found to be in possession of 10,000 or fewer unmarked cigarettes is guilty of an offence and on conviction is liable to the following penalties: 1.  If the quantity of cigarettes is 200 or fewer, the penalty is a fine of $100 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of cigarettes. 2.  If the quantity of cigarettes is more than 200 but fewer than 1,001, the penalty is a fine of $250 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of cigarettes. 3.  If the quantity of cigarettes is more than 1,000 but fewer than 10,001, the penalty is a fine of $500 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of cigarettes. 4.  If it is not the person’s first conviction under this section, there is an additional penalty that is a term of imprisonment of not more than two years.  2011, c. 15, s. 39 (12). Same, more than 10,000 unmarked cigarettes (15) Every person who contravenes subsection (2) and is found to be in possession of more than 10,000 unmarked cigarettes is guilty of an offence and on conviction is liable to, (a)  a fine of not less than $500 and not more than $10,000 and an additional fine of not less than an amount equal to three times the tax that would be payable under section 2 by a consumer purchasing the same quantity of cigarettes; and (b)  a term of imprisonment of not more than two years, in addition to the fine and additional fine under clause (a).  2011, c. 15, s. 39 (12). Offence, possession of unmarked fine cut tobacco (16) Every person who contravenes subsection (2) and is found to be in possession of 10,000 or fewer grams of unmarked fine cut tobacco is guilty of an offence and on conviction is liable to the following penalties: 1.  If the quantity of fine cut tobacco is 200 or fewer grams, the penalty is a fine of $100 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of fine cut tobacco. 2.  If the quantity of fine cut tobacco is more than 200 grams but fewer than 1,001 grams, the penalty is a fine of $250 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of fine cut tobacco. 3.  If the quantity of fine cut tobacco is more than 1,000 grams but fewer than 10,001 grams, the penalty is a fine of $500 and an additional fine equal to three times the amount of tax that would have been payable under section 2 by a consumer purchasing the same quantity of fine cut tobacco. 4.  If it is not the person’s first conviction under this section, there is an additional penalty that is a term of imprisonment of not more than two years.  2011, c. 15, s. 39 (12). Same, more than 10,000 grams of unmarked fine cut tobacco (17) Every person who contravenes subsection (2) and is found to be in possession of more than 10,000 grams of unmarked fine cut tobacco is guilty of an offence and on conviction is liable to, (a)  a fine of not less than $500 and not more than $10,000 and an additional fine of not less than an amount equal to three times the tax that would be payable under section 2 by a consumer purchasing the same quantity of fine cut tobacco; and (b)  a term of imprisonment of not more than two years in addition to the fine and additional fine under clause (a).  2011, c. 15, s. 39 (12). Forfeiture (18) Any unmarked tobacco product in respect of which a person is convicted of an offence under subsection (13), (14), (15), (16) or (17) is forfeited to the Crown to be disposed of in any manner determined by the Minister, to the extent the unmarked tobacco product has not been forfeited or disposed of under another provision of this Act.  2011, c. 15, s. 39 (12). Penalty, sale, etc. (19) Every person who, except as permitted under this Act or the regulations, sells or offers for sale or keeps for sale in Ontario unmarked cigarettes or unmarked fine cut tobacco shall pay a penalty, when assessed for it, equal to the sum of, (a)  an amount equal to three times the tax that would be payable under section 2 by a consumer purchasing the same quantity of cigarettes or fine cut tobacco that was sold, offered for sale or kept for sale by the person; and (b)  the amount of, (i)  $500 if the person has not previously been assessed a penalty under this subsection or subsection (20) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2), (ii)  $2,500 if the person has previously been assessed a penalty under this subsection or subsection (20) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2), but has not been previously assessed more than one penalty in total under this subsection and those subsections, (iii)  $5,000 if the person has previously been assessed more than one penalty in total under this subsection or subsection (20) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2).  2011, c. 15, s. 39 (12). Penalty, possession, etc. (20) Every person who, except as permitted under this Act or the regulations, has in the person’s possession or has purchased or received any quantity of unmarked cigarettes or unmarked fine cut tobacco for any purpose shall pay a penalty, when assessed for it, equal to the sum of, (a)  an amount equal to three times the tax that would be payable under section 2 by a consumer purchasing the same quantity of cigarettes or fine cut tobacco that was possessed, purchased or received by the person; and (b)  the amount of, (i)  $500 if the person has not been previously assessed a penalty under this subsection or subsection (19) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2), (ii)  $2,500 if the person has previously been assessed a penalty under this subsection or subsection (19) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2), but has not been previously assessed more than one penalty in total under this subsection and those subsections, (iii)  $5,000 if the person has previously been assessed more than one penalty in total under this subsection or subsection (19) or under subsection 2 (7.1), 24 (12), 29.1 (6) or (7), 34 (2) or 34.0.1 (2).  2011, c. 15, s. 39 (12). Additional penalty, unmarked cigarettes (21) If the quantity of unmarked cigarettes is 10,000 or more, a person liable to a penalty under subsection (19) or (20) may be assessed an additional penalty equal to five times the amount of tax that would be payable under section 2 by a consumer purchasing the same quantity of cigarettes for which the person is assessed a penalty under subsection (19) or (20).  2011, c. 15, s. 39 (12). Additional penalty, unmarked fine cut tobacco (22) If the quantity of unmarked fine cut tobacco is 10,000 grams or more, a person liable to a penalty under subsection (19) or (20) may be assessed an additional penalty equal to five times the amount of the tax that would be payable under section 2 by a consumer purchasing the same quantity of fine cut tobacco for which the person is assessed a penalty under subsection (19) or (20).  2011, c. 15, s. 39 (12). Section Amendments with date in force (d/m/y) 1992, c. 28, s. 1 (4) - 01/02/1993; 1994, c. 18, s. 8 (16-18) - 23/06/1994; 1998, c. 34, s. 108 (1, 2) - 18/12/1998 2004, c. 7, s. 31 (1-8)
- 17/06/2004; 2004, c. 31, Sched. 36, s. 10 (1, 2) - 16/12/2004 2006, c. 33, Sched. Z.9, s. 8 - 20/12/2006 2008, c. 19, Sched. W, s. 8 (1, 2) - 27/11/2008 2009, c. 18, Sched. 30, s. 4 (1-5) - 05/06/2009 2011, c. 15, s. 39 (1-11) - 01/06/2011; 2011, c. 15, s. 39 (12) - 01/04/2013 Prohibition on possession of untaxed cigars and other tobacco