2.3 (1) No person shall, in Ontario, produce raw leaf tobacco unless the person holds a registration certificate as a raw leaf tobacco producer.  2011, c. 15, s. 3 (1). Processing (2) No person shall, in Ontario, process raw leaf tobacco unless the person holds a registration certificate as a raw leaf tobacco processor.  2011, c. 15, s. 3 (1). Baling and packaging (2.1) No person shall, in Ontario, bale or package raw leaf tobacco unless the person holds a registration certificate issued under section 2.2 or 7. 2019, c. 7, Sched. 59, s. 3 (1). Sale, by seller (3) No person shall, in Ontario, sell raw leaf tobacco, offer or keep it for sale, deliver it or cause it to be delivered unless the person holds a registration certificate issued under section 2.2 or 7 authorizing the person to do so.  2011, c. 15, s. 3 (1). Same, to purchaser (4) No person shall, in Ontario, sell raw leaf tobacco, offer or keep it for sale, deliver it or cause it to be delivered to a person who does not hold a registration certificate issued under section 2.2 or 7 authorizing the person to purchase it.  2011, c. 15, s. 3 (1). Purchase, by purchaser (5) No person shall, in Ontario, purchase raw leaf tobacco or receive it unless the person holds a registration certificate issued under section 2.2 or 7 authorizing the person to do so.  2011, c. 15, s. 3 (1). Same, from seller (6) No person shall, in Ontario, purchase raw leaf tobacco or receive it from a person who does not hold a registration certificate issued under section 2.2 or 7 authorizing the person to sell it.  2011, c. 15, s. 3 (1). Importing (7) No person shall bring raw leaf tobacco into Ontario or cause it to be brought into Ontario unless the person holds a registration certificate as a raw leaf tobacco importer.  2011, c. 15, s. 3 (1). Exporting (8) No person shall take raw leaf tobacco out of Ontario or cause it to be taken out of Ontario unless the person holds a registration certificate as a raw leaf tobacco exporter.  2011, c. 15, s. 3 (1). Transporting (9) No interjurisdictional transporter shall, in Ontario, transport raw leaf tobacco unless the interjurisdictional transporter holds a registration certificate issued under section 6.  2011, c. 15, s. 3 (1). Same (10) No person other than an interjurisdictional transporter shall, in Ontario, transport raw leaf tobacco unless, (a)  the person holds a registration certificate issued under section 2.2 or 7 or is transporting the raw leaf tobacco on behalf of a person who holds a registration certificate issued under section 2.2 or 7; and (b)  the person complies with any additional requirements respecting the transport and delivery of raw leaf tobacco in Ontario that are prescribed by the Minister. 2015, c. 38, Sched. 21, s. 3 (1). Record keeping (11) While a person described in clause (10) (a) is transporting raw leaf tobacco, the person shall have in their possession such information and documents as may be prescribed by the Minister.  2011, c. 15, s. 3 (1); 2015, c. 38, Sched. 21, s. 3 (2). Production of information (11.1) A person authorized under subsection 23 (1) or section 24 may, during a detention of a vehicle under subsection 23.0.3 (1) or subsection 24 (1), require the production of any information and documents described in subsection (11). 2017, c. 8, Sched. 32, s. 3. Exemptions (12) A prohibition in this section does not apply to such persons or in such circumstances as may be prescribed.  2011, c. 15, s. 3 (1). Offences (13) Every person who contravenes subsection (1), (2), (2.1), (3), (4), (5), (6), (7), (8), (9) or (10) is guilty of an offence and on conviction is liable to, (a)  a fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco in respect of which the person was convicted of the offence; 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 quantity of raw leaf tobacco in respect of which the person was convicted of the offence exceeds 3,200 kilograms, or (ii)  it is not the person’s first conviction under this subsection. 2016, c. 37, Sched. 26, s. 2 (1); 2019, c. 7, Sched. 59, s. 3 (2). Forfeiture (13.1) Any raw leaf tobacco in respect of which a person is convicted of an offence under subsection (13) is forfeited to the Crown to be disposed of in any manner determined by the Minister, to the extent that it has not been forfeited or disposed of under another provision of this Act. 2016, c. 30, Sched. 30, s. 3. Penalty (14) Every person who contravenes subsection (1), (2), (2.1), (3), (4), (5), (6), (7), (8), (9) or (10) shall pay to the Minister a penalty, when assessed for it, equal to the sum of, (a)  $25 for every kilogram of raw leaf tobacco in respect of which the person was assessed a penalty; and (b)  an amount equal to, (i)  $2,500, if it is the person’s first penalty assessed under this subsection, (ii)  $5,000 if it is the person’s second penalty assessed under this subsection, or (iii)  $15,000 if the person has been assessed a penalty under this subsection at least two times before. 2016, c. 37, Sched. 26, s. 2 (2); 2019, c. 7, Sched. 59, s. 3 (2, 3). Assessment, raw leaf tobacco (15) In assessing a penalty under subsection (14), the Minister may determine the mass of raw leaf tobacco for the purposes of clause (14) (a) in such a manner and form and by such procedure as the Minister considers adequate and expedient. 2018, c. 8, Sched. 35, s. 3. Offence, subs. (11.1) (16) Every person who fails to provide the information or documents as required under subsection (11.1) is guilty of an offence and, on conviction, is liable to a fine of not less than $200 and not more than $5,000 for each item of information or each document not produced. 2017, c. 8, Sched. 32, s. 3. Penalty, subs. (11.1) (17) Every person who fails to provide the information or documents as required under subsection (11.1) shall pay to the Minister a penalty, when assessed for it, of $200 for each item of information or each document not produced. 2017, c. 8, Sched. 32, s. 3. Fine or penalty, subs. (11.1) (18) If the regulations prescribing information and documents for the purposes of subsection (11) prescribe a document that is required to contain specified items of information, failure to provide a document that contains all of the specified items of information shall be considered a failure to provide the document for the purposes of determining a fine under subsection (16) or assessing a penalty under subsection (17). 2017, c. 8, Sched. 32, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 15, s. 3 (1) - 01/10/2012 2015, c. 38, Sched. 21, s. 3 (1, 2) - 10/12/2015 2016, c. 37, Sched. 26, s. 2 - 08/12/2016 2017, c. 8, Sched. 32, s. 3 - 17/05/2017 2018, c. 8, Sched. 35, s. 3 - 08/05/2018 2019, c. 7, Sched. 59, s. 3 (1-3) - 29/05/2019 Labelling requirements re raw leaf tobacco