7.0.1 (1) The following persons are deemed to be manufacturers for the purposes of subsections 7 (1), (2) and (3): 1.  Every person who imports into Ontario or possesses in Ontario cigarette filter components, other than in a circumstance prescribed under subsection (1.1). 2.  Every person who imports into Ontario or possesses in Ontario equipment for manufacturing cigarettes. 2017, c. 8, Sched. 32, s. 6 (1). Regulations (1.1) The Minister may prescribe by regulation circumstances for the purpose of paragraph 1 of subsection (1). 2017, c. 8, Sched. 32, s. 6 (2). Offence, import or possession of cigarette filter components (1.2) Every person who imports into Ontario or possesses in Ontario cigarette filter components, other than in the circumstances prescribed under subsection (1.1), without holding a registration certificate issued under subsection 7 (1) or who, being the holder of a certificate issued under subsection 7 (1), contravenes any condition or restriction contained in the certificate or fails to comply with subsection 7 (3) is guilty of an offence and on conviction is liable, (a)  to a fine of not less than $10,000 and not more than $500,000; and (b)  in the case of a contravention of this subsection, an additional fine of not less than $100 for every kilogram of cigarette filter components imported or possessed. 2017, c. 8, Sched. 32, s. 6 (2). Sale, delivery of cigarette filter components (1.3) No person shall sell, deliver or cause to be delivered cigarette filter components to a person unless that person holds a registration certificate issued under subsection 7 (1), or does not require one in the circumstances. 2017, c. 8, Sched. 32, s. 6 (2). Offence, subs. (1.3) (1.4) Every person who contravenes subsection (1.3) is guilty of an offence and, on conviction, is liable to, (a)  a fine of not less than $10,000 and not more than $500,000; and (b)  an additional fine of not less than $100 for every kilogram of cigarette filter components sold, delivered or caused to be delivered. 2017, c. 8, Sched. 32, s. 6 (2). Penalty, subs. (1.3) (1.5) Every person who contravenes subsection (1.3) shall pay to the Minister a penalty, when assessed for it, equal to the sum of the following amounts: 1.  $100 for every kilogram of cigarette filter components sold, delivered or caused to be delivered. 2.  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 it is the person’s third or subsequent penalty assessed under this subsection. 2017, c. 8, Sched. 32, s. 6 (2). Offence, import or possession of equipment (2) Every person who imports into Ontario or possesses in Ontario equipment for manufacturing cigarettes without holding a registration certificate issued under subsection 7 (1) or who, being the holder of a certificate issued under subsection 7 (1), contravenes any condition or restriction contained in the certificate or fails to comply with subsection 7 (3) is guilty of an offence and on conviction is liable to a fine of not less than $10,000 and not more than $500,000. 2017, c. 8, Sched. 32, s. 6 (3). Penalty, failure to register (3) Every person who imports into Ontario or possesses in Ontario cigarette filter components, other than in the circumstances prescribed under subsection (1.1), or equipment for manufacturing cigarettes without holding a registration certificate issued under subsection 7 (1) shall pay to the Minister a penalty, when assessed for it, equal to the following amount: 1.  In the case of a person who imports into Ontario or possesses in Ontario cigarette filter components, the sum of, i.  $100 for every kilogram of cigarette filter components imported or possessed by the person, and ii.  an amount equal to, (A)  $2,500, if it is the person’s first penalty assessed under this subsection, (B)  $5,000, if it is the person’s second penalty assessed under this subsection, or (C)  $15,000, if it is the person’s third or subsequent penalty assessed under this subsection. 2.  In the case of a person who imports into Ontario or possesses in Ontario equipment for manufacturing cigarettes, 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. iii.  $15,000, if it is the person’s third or subsequent penalty assessed under this subsection. 2017, c. 8, Sched. 32, s. 6 (3). Seizure of components, equipment (4) A person authorized by the Minister under subsection 23 (1) may, on an inspection under that subsection and without a warrant, seize, impound, hold and dispose of cigarette filter components or equipment for manufacturing cigarettes if the authorized person has reasonable and probable grounds to believe that, (a)  the person in possession of the cigarette filter components requires but does not hold a registration certificate issued under subsection 7 (1); or (b)  the person in possession of the equipment does not hold a registration certificate issued under subsection 7 (1). 2017, c. 8, Sched. 32, s. 6 (4). Seizure of cigarette filter components (4.1) A person authorized under subsection 24 (1) may, during a detention of a vehicle under clause 24 (1) (a) and without a warrant, seize, impound, hold and dispose of cigarette filter components if the authorized person has reasonable and probable grounds to believe that, (a)  the person is in possession of cigarette filter components; (b)  the person requires a registration certificate issued under subsection 7 (1); and (c)  the person does not hold a registration certificate issued under subsection 7 (1). 2017, c. 8, Sched. 32, s. 6 (4). Forfeiture of components, equipment to the Crown (5) Cigarette filter components or equipment for manufacturing cigarettes seized under subsection (4) or (4.1) is forfeited to the Crown in right of Ontario to be disposed of as the Minister directs unless, within 30 days following the seizure, the person from whom the components or equipment was seized, or the owner of the components or equipment, applies to the Superior Court of Justice to establish the right to possession of the components or equipment. 2017, c. 8, Sched. 32, s. 6 (4). Right to possession of equipment (6) For the purposes of an application under subsection (5), the applicant has a right to possession of the cigarette filter components or equipment only if, at the time the seizure is made, the applicant held or, in the case of cigarette filter components, did not require a registration certificate issued under subsection 7 (1).  2008, c. 19, Sched. W, s. 3; 2017, c. 8, Sched. 32, s. 6 (5). Disposal pending final determination by court (7) If a final order is not made within 60 days after the filing of an application under subsection (5), the Minister may dispose of the cigarette filter components or equipment and retain the proceeds, if any, pending the determination of the application.  2008, c. 19, Sched. W, s. 3; 2017, c. 8, Sched. 32, s. 6 (6). Order (8) If the court is satisfied on an application under subsection (5) that the applicant held or, in the case of cigarette filter components, did not require a registration certificate issued under subsection 7 (1) at the time the seizure was made, the court may order that the cigarette filter components or equipment be returned to the applicant or that the proceeds of sale of the cigarette filter components or equipment be paid to the applicant.  2008, c. 19, Sched. W, s. 3; 2017, c. 8, Sched. 32, s. 6 (7). Forfeiture after dismissal of application (9) On dismissal of an application under subsection (5) and the expiry of the appeal period provided for it, the cigarette filter components or equipment is forfeited to the Crown in right of Ontario to be disposed of as the Minister directs.  2008, c. 19, Sched. W, s. 3; 2017, c. 8, Sched. 32, s. 6 (8). Forfeiture after conviction (9.1) Any cigarette filter components or equipment for manufacturing cigarettes in respect of which a person is convicted of an offence under subsection (1.2), (1.4) or (2) is forfeited to the Crown in right of Ontario to be disposed of as the Minister directs, to the extent that it has not been forfeited or disposed of under subsection 7.0.1 (9). 2017, c. 8, Sched. 32, s. 6 (9). Proceeds of sale (10) If a sale of the cigarette filter components or equipment is authorized under subsection (5) or (9), or if the proceeds of a sale are retained under subsection (7) 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 cigarette filter components or equipment are to be paid into the Consolidated Revenue Fund.  2008, c. 19, Sched. W, s. 3; 2017, c. 8, Sched. 32, s. 6 (10). (11), (12) Repealed: 2017, c. 34, Sched. 42, s. 2. Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. W, s. 3 - 27/11/2008 2011, c. 15, s. 10 (1, 2) - 01/06/2011 2017, c. 8, Sched. 32, s. 6 (1-11) - 01/01/2018; 2017, c. 34, Sched. 42, s. 2 - 01/01/2018 7.1 Repealed: 2023, c. 8, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2001, c. 23, s. 222 - 01/07/2004 2006, c. 33, Sched. Z.9, s. 3 - 01/07/2004 2011, c. 15, s. 11 (1, 2, 4, 6, 7) - 01/04/2013; 2011, c. 15, s. 11 (3, 5) - 01/06/2011 2023, c. 8, Sched. 10, s. 3 - 18/05/2023