2.4 (1) No person shall, unless permitted under this Act or the regulations to do so, possess any quantity of raw leaf tobacco unless, (a)  the tobacco is baled or packaged at the time and in the manner prescribed by the Minister; and (b)  the baled or packaged tobacco is labelled in the manner prescribed by the Minister with a marker that is in the form approved by the Minister. 2015, c. 38, Sched. 21, s. 4. Importing (2) No person shall, unless permitted under this Act or the regulations to do so, bring any quantity of raw leaf tobacco into Ontario or cause it to be brought into Ontario unless, (a)  the tobacco is baled or packaged in the manner prescribed by the Minister; and (b)  the baled or packaged tobacco is labelled in the manner prescribed by the Minister with a marker that is in the form approved by the Minister. 2015, c. 38, Sched. 21, s. 4. Penalty, possession (3) Every person who contravenes subsection (1) shall pay a penalty, when assessed for it, equal to the sum of the following amounts: 1.  $25 for every kilogram of raw leaf tobacco possessed contrary to subsection (1). 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 the person has been assessed for a penalty under this subsection at least two times before. 2015, c. 38, Sched. 21, s. 4. Offence, possession (4) Every person who contravenes subsection (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 the person possessed in contravention of subsection (1). 2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section. 2015, c. 38, Sched. 21, s. 4; 2016, c. 37, Sched. 26, s. 3 (1). Penalty, importing (5) Every person who contravenes subsection (2) shall pay a penalty, when assessed for it, equal to the sum of the following amounts: 1.  $25 for every kilogram of raw leaf tobacco brought or caused to be brought into Ontario in contravention of subsection (2). 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 the person has been assessed for a penalty under this subsection at least two times before. 2015, c. 38, Sched. 21, s. 4. Assessment, raw leaf tobacco (5.1) In assessing a penalty under subsection (3) or (5), the Minister may determine the mass of raw leaf tobacco for the purposes of paragraph 1 of subsection (3) or paragraph 1 of subsection (5) in such a manner and such a form and by such procedure as the Minister considers adequate and expedient. 2018, c. 8, Sched. 35, s. 4. Offence, importing (6) Every person who contravenes subsection (2) 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 the person brought or caused to be brought into Ontario in contravention of subsection (2). 2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section. 2015, c. 38, Sched. 21, s. 4; 2016, c. 37, Sched. 26, s. 3 (2). Forfeiture (7) Any raw leaf tobacco in respect of which a person is convicted of an offence under subsection (4) or (6) 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. 4. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 21, s. 4 - 10/12/2015 2016, c. 37, Sched. 26, s. 3 (1, 2) - 08/12/2016 2018, c. 8, Sched. 35, s. 4 - 08/05/2018