6 (1) Every interjurisdictional transporter shall apply for and the Minister shall issue a registration certificate in such form and manner as the Minister requires.  R.S.O. 1990, c. T.10, s. 6 (1). Conditions and restrictions (2) The Minister may, as a requirement for the issuance of a registration certificate, impose such reasonable conditions and restrictions as the Minister considers appropriate.  R.S.O. 1990, c. T.10, s. 6 (2). Offence, failure to register (2.1) Every interjurisdictional transporter transporting tobacco in bulk into or out of Ontario who is not registered as an interjurisdictional transporter under this Act is guilty of an offence and on conviction is liable to a fine of not less than $1,000 and not more than $10,000.  2002, c. 22, s. 192. Penalty, failure to register (2.2) Every interjurisdictional transporter transporting tobacco in bulk into or out of Ontario who does not hold a registration certificate under this Act shall pay to the Minister a penalty, when assessed for it, equal to the sum of $500 and 5 per cent of the amount of the tax that would be payable under section 2 by a consumer purchasing the same quantity of tobacco products that were transported by the transporter into or out of Ontario during the period when the transporter did not hold a registration certificate.  2011, c. 15, s. 8 (1). Information (3) Every interjurisdictional transporter shall maintain the information prescribed by the Minister in respect of every shipment of raw leaf tobacco and every shipment of tobacco in bulk transported by the interjurisdictional transporter into or out of Ontario and shall maintain that information in a form approved by the Minister.  2004, c. 31, Sched. 36, s. 3 (1); 2011, c. 15, s. 8 (2). Transporter to obtain certificate (4) Before undertaking to transport tobacco in bulk into or out of Ontario, an interjurisdictional transporter shall obtain a true copy of the registration certificate required to be provided under subsection 5 (8).  R.S.O. 1990, c. T.10, s. 6 (4); 2004, c. 31, Sched. 36, s. 3 (2). Possession of documents (5) When transporting tobacco in bulk, every interjurisdictional transporter shall keep in the possession of the driver of the motor vehicle in which the tobacco in bulk is being transported, (a)  the interjurisdictional transporter’s registration certificate issued under subsection (1); (b)  the information required under subsection (3); and (c)  if the tobacco in bulk is being transported for an importer or exporter, the true copy of the registration certificate obtained in accordance with subsection (4) or the transit permit issued under subsection 10 (1) to the owner of the tobacco in bulk being transported.  R.S.O. 1990, c. T.10, s. 6 (5); 2004, c. 31, Sched. 36, s. 3 (3, 4); 2017, c. 8, Sched. 32, s. 5 (1). Same re raw leaf tobacco (5.1) When transporting raw leaf tobacco, every interjurisdictional transporter shall keep in the possession of the driver of the motor vehicle in which the raw leaf tobacco is being transported, (a)  the interjurisdictional transporter’s registration certificate issued under subsection (1); and (b)  the information required under subsection (3).  2011, c. 15, s. 8 (3); 2017, c. 8, Sched. 32, s. 5 (1). Detention of vehicles (6) Any person who is authorized for the purpose by the Minister and who has reasonable and probable grounds to believe that an interjurisdictional transporter does not hold a registration certificate or is transporting tobacco in bulk or raw leaf tobacco on behalf of an importer or exporter who does not hold a registration certificate issued under this Act may, without warrant, stop and detain any vehicle operated in Ontario by the interjurisdictional transporter and require production of the documents and information specified in subsection (5) or (5.1).  1991, c. 48, s. 3; 2017, c. 8, Sched. 32, s. 5 (2). Seizure, etc., of tobacco products (7) Where, following a detention under subsection (6), the person fails to produce the documents or information specified in subsection (5) or (5.1), a person authorized for the purpose by the Minister may, without a warrant but subject to subsections (8), (9) and (11), seize, impound, hold and dispose of the tobacco products, unless the interjurisdictional transporter complies with subsection (9).  R.S.O. 1990, c. T.10, s. 6 (7); 2011, c. 15, s. 8 (4); 2017, c. 8, Sched. 32, s. 5 (3). No seizure, etc. (8) Despite subsection (7), no seizure, impounding, holding or disposal of tobacco products shall be made if the driver of the vehicle detained under subsection (6) provides proof satisfactory to the person making the detention, (a)  that the driver holds a registration certificate issued under subsection (1); (b)  as to the quantity and destination of the tobacco products being transported; and (c)  that the importer or exporter for whom the tobacco products are being transported, if such is the case, holds a registration certificate under subsection 5 (1) or holds a transit permit issued under subsection 10 (1) to the owner of the tobacco products being transported.  R.S.O. 1990, c. T.10, s. 6 (8); 2011, c. 15, s. 8 (5-7). Penalty (9) Tobacco products seized under subsection (7) are forfeited to the Crown to be disposed of as the Minister directs unless, within 30 days following the seizure, the person from whom the tobacco was seized, or the owner of the tobacco, pays to the Minister a penalty equal to the amount of the tax that would be payable under section 2 by a consumer purchasing the same quantity of tobacco products that were seized.  2011, c. 15, s. 8 (8). Application (10) If tobacco products have been seized under subsection (7) and the person from whom the tobacco has been seized, or the owner of the tobacco, claims to have the right to possession of the tobacco, the person or owner may apply within thirty days following the seizure, to the Superior Court of Justice to establish the right to possession of the tobacco.  R.S.O. 1990, c. T.10, s. 6 (10); 2001, c. 23, s. 221 (2); 2011, c. 15, s. 8 (9). Right to possession (11) For the purposes of an application under subsection (10), the applicant has the right to possession of the tobacco products if, (a)  the driver of the vehicle, when the tobacco was seized, held a true copy of the registration certificate issued under this Act to the interjurisdictional transporter; (b)  in the case of tobacco transported on behalf of an importer or exporter, the driver of the vehicle, when the tobacco was seized, held a true copy of the registration certificate issued under this Act to the importer or exporter or held a true copy of the transit permit issued under this Act to the owner of the tobacco; and (c)  when the tobacco was seized, the driver of the vehicle held the information required under subsection (3) or the operator of the vehicle delivered the information required under subsection (3) within five days after the seizure.  2004, c. 31, Sched. 36, s. 3 (5); 2011, c. 15, s. 8 (10). Disposition of application (12) If, upon application under subsection (10), the court is satisfied that the applicant has the right to possession of the tobacco products, the court may order the tobacco be returned to the applicant or that the proceeds of sale of the tobacco be paid to the applicant.  R.S.O. 1990, c. T.10, s. 6 (12); 2011, c. 15, s. 8 (11). Disposal of tobacco products pending disposition (13) If a final order is not made under subsection (12) within sixty days after the filing of the application under subsection (10), the Minister may dispose of the tobacco products and retain the proceeds pending the determination of the application.  R.S.O. 1990, c. T.10, s. 6 (13); 2011, c. 15, s. 8 (12). Forfeiture of tobacco products (14) Upon dismissal of the application under subsection (12) and the expiry of the appeal period therefrom, the tobacco products are forfeited to Her Majesty to be disposed of as the Minister directs.  R.S.O. 1990, c. T.10, s. 6 (14); 2011, c. 15, s. 8 (13). Payment of proceeds of sale (15) If a sale of tobacco products is directed under subsection (9) or (14) or if the proceeds of the sale are retained under subsection (13) 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 tobacco and after payment of the penalty under subsection (9) shall be paid to the person from whom the tobacco was seized or to the owner of the tobacco.  R.S.O. 1990, c. T.10, s. 6 (15); 2011, c. 15, s. 8 (14). Offence (16) Every interjurisdictional transporter transporting tobacco in bulk into or out of Ontario who fails to produce any of the documents or information required to be kept in the possession of the driver under subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 for each document or item of information not produced. 2017, c. 8, Sched. 32, s. 5 (4). Penalty, subs. (5) (17) Every interjurisdictional transporter transporting tobacco in bulk into or out of Ontario who fails to produce the documents or information required to be kept in the possession of the driver under subsection (5) shall pay a penalty to the Minister, when assessed for it, of $200 for each document or item of information not produced. 2017, c. 8, Sched. 32, s. 5 (5). Offence, subs. (5.1) (18) Every interjurisdictional transporter transporting raw leaf tobacco into or out of Ontario who fails to produce the documents or information required to be kept in the possession of the driver under subsection (5.1) is guilty of an offence and, on conviction, is liable to a fine of not less than $200 and not more than $1,000 for each document or item of information not produced. 2017, c. 8, Sched. 32, s. 5 (5). Penalty, subs. (5.1) (19) Every interjurisdictional transporter transporting raw leaf tobacco into or out of Ontario who fails to produce the documents or information required to be kept in the possession of the driver under subsection (5.1) shall pay a penalty to the Minister, when assessed for it, of $200 for each document or item of information not produced. 2017, c. 8, Sched. 32, s. 5 (5). Section Amendments with date in force (d/m/y) 1991, c. 48, s. 3 - 19/12/1991; 1994, c.18, s.8 (4) - 23/06/1994 2001, c. 23, s. 221 (1)
- 07/05/1997; 2001, c. 23, s. 221 (2)
- 05/12/2001 2002, c. 22, s. 192 - 01/07/2003 2004, c. 31, Sched. 36, s. 3 (1-5) - 16/12/2004 2011, c. 15, s. 8 (1, 4-14) - 01/06/2011; 2011, c. 15, s. 8 (2, 3) - 01/10/2012 2017, c. 8, Sched. 32, s. 5 (1-5) - 17/05/2017