2.2 (1) A person who, in Ontario, produces raw leaf tobacco shall apply for a registration certificate as a raw leaf tobacco producer.  2011, c. 15, s. 3 (1). Raw leaf tobacco processor (2) A person who, in Ontario, processes raw leaf tobacco shall apply for a registration certificate as a raw leaf tobacco processor.  2011, c. 15, s. 3 (1). Raw leaf tobacco dealer (3) A person who, in Ontario, sells raw leaf tobacco or offers or keeps it for sale shall apply for a registration certificate as a raw leaf tobacco dealer.  2011, c. 15, s. 3 (1). Raw leaf tobacco importer (4) A person who brings raw leaf tobacco into Ontario, or causes it to be brought into Ontario, shall apply for a registration certificate as a raw leaf tobacco importer.  2011, c. 15, s. 3 (1). Raw leaf tobacco exporter (5) A person who takes raw leaf tobacco out of Ontario, or causes it to be taken out of Ontario, shall apply for a registration certificate as a raw leaf tobacco exporter.  2011, c. 15, s. 3 (1). Application process (6) Application for a registration certificate shall be made in the form and manner required by the Minister and shall be filed together with such information as the Minister may specify. 2011, c. 15, s. 3 (1); 2014, c. 7, Sched. 31, s. 1 (1). Additional information (6.1) The Minister may require an applicant to provide such additional information as the Minister considers necessary in order to make a decision with respect to the application. 2014, c. 7, Sched. 31, s. 1 (2). Issuance (7) The Minister shall issue a registration certificate to an applicant for the certificate who satisfies such criteria as may be prescribed and the Minister may impose such reasonable conditions and restrictions on the certificate as he or she considers appropriate.  2011, c. 15, s. 3 (1). Suspension, cancellation (8) The Minister may suspend or cancel a registration certificate if the holder fails to comply with the conditions or restrictions imposed on the certificate and in such other circumstances as may be prescribed.  2011, c. 15, s. 3 (1). Hearing (9) If the Minister proposes to refuse to issue a registration certificate or proposes to suspend or cancel a registration certificate, the Minister shall, before doing so, afford the person an opportunity to appear before the Minister to show cause why the registration certificate should not be refused, suspended or cancelled, as the case may be.  2011, c. 15, s. 3 (1). Duty to notify (10) A person who holds a registration certificate issued under this section shall promptly notify the Minister in writing of, (a)  all changes in the name or nature of the person’s business; (b)  any change to the information provided to the Minister by the person under subsection (6) or (6.1); and (c)  the termination of the business. 2019, c. 7, Sched. 59, s. 2 (1). Markers (10.1) A person who is required to hold a registration certificate issued under this section or a registration certificate issued under section 7 shall retain and dispose of damaged or unused markers in accordance with any requirements set out in the regulations. 2019, c. 7, Sched. 59, s. 2 (1). Possession of unused marker (10.2) No person shall possess a marker referred to in clause 2.4 (1) (b) or (2) (b) that is issued by the Minister but is not affixed to a bale or package, unless, (a)  the person is the holder of a registration certificate issued under section 2.2 or 7 and the marker was issued by the Minister for the sole use of that person; or (b)  the person is delivering the marker on behalf of the Minister to a person referred to in clause (a). 2019, c. 15, Sched. 39, s. 1 (1). Information return (11) A person who holds a registration certificate issued under this section or a registration certificate issued under section 7 shall give the Minister an information return as the Minister may require within the time period and in the form and manner as specified by the Minister. 2014, c. 7, Sched. 31, s. 1 (3); 2016, c. 37, Sched. 26, s. 1 (1). Same, damaged or lost tobacco (12) If raw leaf tobacco that is owned by a person who holds a registration certificate issued under this section or a registration certificate issued under section 7 is damaged or lost, that person shall give the Minister the following information, in the form and manner specified by the Minister, and within the time period set out below: 1.  Within one day of the tobacco being damaged or lost, particulars of the damaged or lost tobacco, including the quantity and type of tobacco and the date on which the tobacco was damaged or lost. 2.  As soon as practicable, any documents relating to the damage or loss, including a copy of the insurance claim and proof of the insurance proceeds received in respect of the claim, if any. 2015, c. 38, Sched. 21, s. 2 (1); 2016, c. 37, Sched. 26, s. 1 (2). Same, stolen tobacco (13) If raw leaf tobacco that is owned by a person who holds a registration certificate issued under this section or a registration certificate issued under section 7 is stolen, that person shall give the Minister the following information, in the form and manner specified by the Minister, and within the time period set out below: 1.  Within one day of the tobacco being stolen, particulars of the stolen tobacco, including the quantity and type of tobacco and the date on which the tobacco was stolen. 2.  As soon as practicable, any documents relating to the theft, including a copy of the police report, a copy of the insurance claim and proof of the insurance proceeds received in respect of the claim, if any. 2015, c. 38, Sched. 21, s. 2 (1); 2016, c. 37, Sched. 26, s. 1 (3). Same, import of tobacco (14) If a person who holds a registration certificate issued under this section or section 7 intends to bring raw leaf tobacco into Ontario or to cause it to be brought into Ontario, that person shall give the Minister the following information, within the time period and in the form and manner specified by the Minister: 1.  Particulars of the tobacco, including the quantity and type of tobacco, the date on which the tobacco is to be brought into Ontario, and the location where the tobacco will be received. 2.  Information that is sufficient to satisfy the Minister that the tobacco has been received in Ontario, and the particulars of the tobacco listed in paragraph 1. 2015, c. 38, Sched. 21, s. 2 (1). Same, export of tobacco (14.1) If a person who holds a registration certificate issued under this section intends to take raw leaf tobacco out of Ontario or to cause it to be taken out of Ontario, that person shall give the Minister the following information, within the time period and in the form and manner specified by the Minister: 1.  Particulars of the tobacco, including the quantity and type of tobacco, the date on which the tobacco is to be taken out of Ontario, and the location where the tobacco will be received. 2.  Information that is sufficient to satisfy the Minister that the tobacco has been taken out of Ontario, and the particulars of the tobacco listed in paragraph 1. 2015, c. 38, Sched. 21, s. 2 (1). Disclosure of information (14.2) The Ontario Flue-Cured Tobacco Growers’ Marketing Board and the Ontario Farm Products Marketing Commission shall disclose to the Minister, or cause to be disclosed to the Minister, information that the Minister considers to be necessary for the administration and enforcement of this section or section 2.3. 2015, c. 38, Sched. 21, s. 2 (1). Offence (15) Every person who holds a registration certificate issued under this section and who fails to comply with a condition or restriction imposed on the certificate under subsection (7) is guilty of an offence and, on conviction, is liable to the following fine: 1.  A fine of not more than $10,000, plus any applicable additional fine under subsection (15.0.1), if it is the person’s first conviction under this subsection. 2.  A fine of not more than $15,000, plus any applicable additional fine under subsection (15.0.1), if it is the person’s second conviction under this subsection. 3.  A fine of not more than $20,000, plus any applicable additional fine under subsection (15.0.1), if it is the person’s third or subsequent conviction under this subsection. 2011, c. 15, s. 3 (1); 2017, c. 8, Sched. 32, s. 2 (1). Additional fine (15.0.1) If a person is convicted under subsection (15) for failing to comply with a condition or restriction that imposes a limit on the amount of raw leaf tobacco that the person may produce, process, sell, offer for sale, keep for sale, bring or cause to be brought into Ontario or take or cause to be taken out of Ontario, the person is liable to an additional fine of not less than $25 for every kilogram of raw leaf tobacco that the person produced, processed, sold, offered for sale, kept for sale, brought or caused to be brought into Ontario or took out or caused to be taken out of Ontario in excess of the limit, if the amount of raw leaf tobacco that the person produced, processed, sold, offered for sale, kept for sale, brought or caused to be brought into Ontario or took out or caused to be taken out of Ontario exceeds the following amounts: 1.  400 kilograms above the limit imposed by the condition or restriction, in the case of a person described in paragraph 1 of subsection (15). 2.  600 kilograms above the limit imposed by the condition or restriction, in the case of a person described in paragraph 2 of subsection (15). 3.  800 kilograms above the limit imposed by the condition or restriction, in the case of a person described in paragraph 3 of subsection (15). 2017, c. 8, Sched. 32, s. 2 (2). Forfeiture (15.1) Any raw leaf tobacco in respect of which a person is convicted of an offence under subsection (15) 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. 5, Sched. 30, s. 2. Penalty (16) Every person who holds a registration certificate issued under this section and who fails to comply with a condition or restriction imposed on the certificate under subsection (7) shall pay to the Minister a penalty, when assessed for it, equal to the following amount: 1.  $2,500, plus any applicable additional penalty under subsection (16.1), if it is the person’s first penalty assessed under this subsection. 2.  $5,000, plus any applicable additional penalty under subsection (16.1), if it is the person’s second penalty assessed under this subsection. 3.  $15,000, plus any applicable additional penalty under subsection (16.1), if it is the person’s third or subsequent penalty assessed under this subsection. 4.  Repealed: 2015, c. 38, Sched. 21, s. 2 (2). 2011, c. 15, s. 3 (1); 2015, c. 38, Sched. 21, s. 2 (2); 2017, c. 8, Sched. 32, s. 2 (3). Additional penalty (16.1) If a person is assessed for a penalty under subsection (16) for failing to comply with a condition or restriction that imposes a limit on the amount of raw leaf tobacco that a person may produce, process, sell, offer for sale, keep for sale, bring or cause to be brought into Ontario or take or cause to be taken out of Ontario, the Minister may assess an additional penalty of $25 for every kilogram of raw leaf tobacco that the person produced, processed, sold, offered for sale, kept for sale, brought or caused to be brought into Ontario or took out or caused to be taken out of Ontario in excess of the limit, if the amount of raw leaf tobacco that the person produced, processed, sold, offered for sale, kept for sale, brought or caused to be brought into Ontario or took out or caused to be taken out of Ontario exceeds the following amounts: 1.  100 kilograms above the limit imposed by the condition or a restriction, in the case of a person described in paragraph 1 of subsection (16). 2.  200 kilograms above the limit imposed by the condition or a restriction, in the case of a person described in paragraph 2 of subsection (16). 3.  600 kilograms above the limit imposed by the condition or a restriction, in the case of a person described in paragraph 3 of subsection (16). 2017, c. 8, Sched. 32, s. 2 (4). Assessment, raw leaf tobacco (16.2) In assessing a penalty under subsection (16.1), the Minister may determine the mass of raw leaf tobacco in such manner and form and by such procedure as the Minister considers adequate and expedient. 2017, c. 8, Sched. 32, s. 2 (4); 2018, c. 8, Sched. 35, s. 2 (1). Offence, subs. (10.1) (16.3) Every person who contravenes subsection (10.1) or (10.2) is guilty of an offence and on conviction is liable to a fine of not less than $10,000 and not more than $100,000. 2019, c. 7, Sched. 59, s. 2 (2); 2019, c. 15, Sched. 39, s. 1 (2). Penalty, subs. (10.1) (16.4) Every person who contravenes subsection (10.1) or (10.2) shall pay to the Minister a penalty, when assessed for it, of an amount equal to, (a)  $7,500 if it is the person’s first penalty assessed under this subsection; (b)  $10,000 if it is the person’s second penalty assessed under this subsection; or (c)  $15,000 if the person has been assessed for a penalty under this subsection at least two times before. 2019, c. 7, Sched. 59, s. 2 (2); 2019, c. 15, Sched. 39, s. 1 (3). Offence, subss. (11) - (13) (17) Every person who fails to provide information as required under subsection (11), (12) or (13) is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $5,000. 2015, c. 38, Sched. 21, s. 2 (3). Penalty, subss. (11) - (13) (18) Every person who fails to provide information as required under subsection (11), (12) or (13) shall pay to the Minister a penalty, when assessed for it, equal to $1,000 in respect of each failure to provide information. 2015, c. 38, Sched. 21, s. 2 (3). Offence, subss. (14) and (14.1) (19) Every person who fails to provide information as required under subsection (14) or (14.1) is guilty of an offence and, on conviction, is liable to the following penalties: 1.  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 for which information was not provided as required under subsection (14) or (14.1). 2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco for which the information was not provided as required under subsection (14) or (14.1) exceeds 3,200 kilograms or if it is not the person’s first conviction under this section. 2016, c. 37, Sched. 26, s. 1 (4). Penalty, subss. (14) and (14.1) (20) Every person who fails to provide information as required under subsection (14) or (14.1) shall pay to the Minister a penalty, when assessed for it, equal to the sum of the following amounts: 1.  $25 for every kilogram of raw leaf tobacco brought into Ontario for which information was not provided as required under subsection (14). 2.  $25 for every kilogram of raw leaf tobacco taken out of Ontario for which information was not provided as required by paragraph 1 of subsection (14.1). 3.  $25 for every kilogram of raw leaf tobacco taken out of Ontario for which information was not provided as required by paragraph 2 of subsection (14.1). 4.  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. iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before. 2015, c. 38, Sched. 21, s. 2 (3). Assessment, raw leaf tobacco (21) In assessing a penalty under subsection (20), the Minister may determine the mass of raw leaf tobacco in such manner and form and by such procedure as the Minister considers adequate and expedient. 2018, c. 8, Sched. 35, s. 2 (2). Notification re: destruction of raw leaf tobacco (22) A person who is required to hold a registration certificate under this section and who is the owner of raw leaf tobacco shall, before destroying any of the raw leaf tobacco, notify the Minister in accordance with the regulations. 2018, c. 8, Sched. 35, s. 2 (2). Further information (23) If a person provides the Minister with any information relating to raw leaf tobacco in accordance with this Act or the regulations, the person shall promptly notify the Minister of any change to that information. 2018, c. 8, Sched. 35, s. 2 (2). Offence (24) Every person who contravenes subsection (22) or (23) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $5,000 and, in the case of a contravention of subsection (22), an additional fine of $25 for every kilogram of raw leaf tobacco destroyed without notice in excess of 200 kilograms. 2018, c. 8, Sched. 35, s. 2 (2); 2019, c. 7, Sched. 59, s. 2 (3). Penalty (25) Every person who contravenes subsection (22) or (23) shall pay to the Minister a penalty, when assessed for it, equal to $1,000 in respect of each failure to notify the Minister. 2018, c. 8, Sched. 35, s. 2 (2). Same, subs. (22) (26) If the quantity of raw leaf tobacco destroyed without notice in contravention of subsection (22) is in excess of 40 kilograms, a person who has been assessed a penalty under subsection (25) may be assessed an additional penalty of $25 for every kilogram of raw leaf tobacco destroyed without notice. 2019, c. 7, Sched. 59, s. 2 (4). Assessment, raw leaf tobacco (27) In assessing a penalty under subsection (26), the Minister may determine the mass of raw leaf tobacco in such a manner and form and by such procedure as the Minister considers adequate and expedient. 2019, c. 7, Sched. 59, s. 2 (4). Section Amendments with date in force (d/m/y) 2011, c. 15, s. 3 (1) - 01/10/2012; 2011, c. 15, s. 3 (2) - 01/01/2015 2014, c. 7, Sched. 31, s. 1 (1-3) - 24/07/2014 2015, c. 38, Sched. 21, s. 2 (1-3) - 10/12/2015 2016, c. 5, Sched. 30, s. 2 - 19/04/2016; 2016, c. 37, Sched. 26, s. 1 (1-4) - 08/12/2016 2017, c. 8, Sched. 32, s. 2 (1-4) - 17/05/2017 2018, c. 8, Sched. 35, s. 2 (1, 2) - 08/05/2018 2019, c. 7, Sched. 59, s. 2 (1-4) - 29/05/2019; 2019, c. 15, Sched. 39, s. 1 (1-3) - 10/12/2019 Restricted activities re raw leaf tobacco