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FederalPassed41st Parliament, 2nd Session

Bill C-10 explained in plain English

An Act to amend the Criminal Code (trafficking in contraband tobacco)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 2nd Session
Bill number
Bill C-10
Full title
An Act to amend the Criminal Code (trafficking in contraband tobacco)
Current status
Passed
Latest event
Royal assent received
Last updated
Nov 6, 2014

Official Parliament of Canada snapshot for 41st Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Nov 6, 2014
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-10 amends the Criminal Code to create a new offence for trafficking contraband tobacco and sets minimum jail sentences for repeat offenders.

What It Means

Bill C-10, also known as the Tackling Contraband Tobacco Act, amends the Criminal Code of Canada to create a new criminal offence related to the trafficking of contraband tobacco. It also establishes specific minimum jail sentences for individuals who repeatedly commit this offence. The Act received Royal Assent on November 6, 2014.

What This Bill Does
  • Creates a new offence for selling, offering for sale, transporting, delivering, distributing, or possessing for the purpose of sale any tobacco product or raw leaf tobacco that is not stamped, as defined by the Excise Act, 2001.
  • Specifies that this new offence does not apply in certain circumstances outlined in the Excise Act, 2001.
  • Provides exceptions for tobacco growers regarding raw leaf tobacco in certain conditions as described in the Excise Act, 2001.
  • Establishes penalties for contravening the new offence, including imprisonment for up to five years for indictable offences.
  • Sets minimum jail sentences for repeat offenders of the contraband tobacco trafficking offence: 90 days for a second offence, 180 days for a third offence, and two years less a day for a fourth or subsequent offence, if the quantity of tobacco meets certain thresholds.
  • Allows for summary conviction offences with a maximum jail sentence of six months.
  • Clarifies that previous convictions under this section count towards determining if an individual is a repeat offender, regardless of how they were prosecuted (indictable or summary conviction).
  • Amends the definition of "Attorney General" in section 2 of the Criminal Code to include the Attorney General of Canada or the Attorney General or Solicitor General of the province for proceedings related to offences including the new contraband tobacco offence and others.
Who Is Affected
  • Individuals who sell, offer for sale, transport, deliver, distribute, or possess for sale unstamped tobacco products or raw leaf tobacco.
  • Tobacco growers (under specific exceptions).
  • Repeat offenders for trafficking contraband tobacco.
  • Attorneys General of Canada and the provinces.
Rights, Duties, Or Obligations
  • Prohibition against selling, offering for sale, transporting, delivering, distributing, or possessing for sale unstamped tobacco products or raw leaf tobacco.
  • Obligation to comply with the minimum penalties for repeat offenders.
  • Right to exceptions under specific circumstances outlined in the Excise Act, 2001.
  • Rights of tobacco growers under specific exceptions.
Important Dates
  • Royal Assent: November 6, 2014.
  • Coming into force: On a day to be fixed by order of the Governor in Council.
Enforcement Or Penalties
  • Indictable offence: Up to five years imprisonment, with minimum sentences for repeat offenders (90 days for second, 180 days for third, two years less a day for fourth or subsequent) if quantity thresholds are met.
  • Summary conviction offence: Up to six months imprisonment.
Uncertainties Or Limits
  • The specific date the Act comes into force is not yet determined, as it will be fixed by order of the Governor in Council.
  • The precise definitions of "tobacco product", "raw leaf tobacco", "packaged", and "stamped" are subject to the definitions provided in section 2 of the Excise Act, 2001.
Laws Or Regulations Affected
Criminal Code
amends

Creates a new offence related to trafficking in contraband tobacco and sets penalties, including minimum sentences for repeat offenders. It also amends the definition of "Attorney General" for certain offences.

Source: Sections 2 and 3 of Bill C-10

Excise Act, 2001
references

Provides definitions for terms like "tobacco product", "raw leaf tobacco", "packaged", and "stamped" as used in the new offence created by Bill C-10. Also outlines circumstances where the new offence does not apply and exceptions for tobacco growers.

Source: Section 121.1(1), (2), and (3) of the Criminal Code as amended by Bill C-10

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 5 October 2013, the Minister of Justice introduced Bill C-10, An Act to amend the Criminal Code (trafficking in contraband tobacco) (Tackling Contraband Tobacco Act) in the House of Commons and it was given first reading. Bill C-10 amends the Criminal Code to create a new offence of trafficking in contraband tobacco and to provide for minimum penalties of imprisonment for repeat offenders. Trafficking would involve any of the following actions: • sale; • offer for sale; • possession for the purpose of sale; • transportation; • distribution; or • delivery. Under Bill C-10, the maximum penalty for a first offence would be 6 months imprisonment on summary conviction and 5 years imprisonment if prosecuted on indictment. It also proposes mandatory minimum penalties of imprisonment for repeat offenders where a high volume of tobacco products is involved. The threshold to be considered “high volume” would be 10,000 cigarettes or 10 kilograms of other tobacco products. The mandatory minimum penalties on indictment would be as follows: • 90 days incarceration on a second conviction; • 180 days incarceration on third conviction; and • 2 years less a day on subsequent convictions.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Jun 3, 2014
Completed

Bill C-10 completed its first reading in the Senate on June 3, 2014, and later received Royal Assent on November 6, 2014.

First reading, Jun 3, 2014
End of stage activity, Jun 3, 2014
Chamber sittings
First reading - Jun 3, 2014

The Senate received Bill C-10 for first reading and conducted various other committee and debate proceedings, including the questioning of the nominee for Privacy Commissioner.

Step 2
Second reading
Jun 18, 2014
Completed

The Senate completed the Second Reading stage for Bill C-10, which concerns trafficking in contraband tobacco, with major speeches presented on June 18, 2014, before the bill proceeded to other stages and eventually received Royal Assent.

Second reading, Jun 18, 2014
Referral to committee, Jun 18, 2014
End of stage activity, Jun 18, 2014
Chamber sittings
Debate at second reading - Jun 11, 2014

The Senate began the second reading debate on Bill C-10, which aims to create an offence for trafficking in contraband tobacco and establish minimum penalties for repeat offenders, before adjourning the debate.

During the Senate's second reading debate on Bill C-10, the Sponsor's speech explained the bill's creation of a new offense for trafficking contraband tobacco with mandatory minimum penalties for repeat offenders.

Debate at second reading - Jun 18, 2014

The Senate sitting on June 18, 2014, was largely dedicated to honouring the career and impending retirement of Senator Catherine Callbeck, with other procedural matters and bill discussions taking place.

On June 18, 2014, the Senate primarily paid tribute to Senator Catherine Callbeck upon her retirement, also addressing other Senate business and debating unrelated bills.

Step 3
Consideration in committee
Sep 25, 2014
Completed

Bill C-10 completed its committee stage in the Senate on September 25, 2014, and subsequently received Royal Assent on November 6, 2014.

Committee report presented without amendment, Sep 25, 2014
End of stage activity, Sep 25, 2014
Chamber sittings
Committee report presented without amendment - Sep 25, 2014

The Senate met on September 25, 2014, where the Legal and Constitutional Affairs Committee presented its report on Bill C-10 without amendment, and various other Senate business was conducted.

Step 4
Third reading
Oct 8, 2014
Completed

Bill C-10, concerning trafficking in contraband tobacco, completed its third reading in the Senate on October 8, 2014, and later received Royal Assent.

Third reading, Oct 8, 2014
End of stage activity, Oct 8, 2014
Chamber sittings
Debate at third reading - Oct 1, 2014

During a Senate sitting on October 1, 2014, members debated Bill C-10 at third reading regarding contraband tobacco trafficking, discussed other Senate business including tabled reports and ongoing debates, and paid tribute to a deceased artist.

Debate at third reading - Oct 7, 2014

During the Senate's third reading debate on Bill C-10 concerning contraband tobacco trafficking, Senator Cordy supported the bill's aim to curb illegal trade but strongly opposed mandatory minimum sentences and highlighted concerns about the lack of consultation with Indigenous peoples.

Debate at third reading - Oct 8, 2014

The Senate debated and passed Bill C-10 at its third reading, after defeating a motion to amend it concerning consultation with Aboriginal peoples.

Step 1
First reading
Nov 5, 2013
Completed

Bill C-10, the "Tackling Contraband Tobacco Act," successfully completed its first reading in the House of Commons on November 5, 2013, and proceeded through all legislative stages to receive Royal Assent on November 6, 2014.

Introduction and first reading, Nov 5, 2013
End of stage activity, Nov 5, 2013
Chamber sittings
Introduction and first reading - Nov 5, 2013

The House of Commons sitting on November 5, 2013, saw the introduction of Bill C-10 and extensive debate on an opposition motion calling for the Prime Minister to testify under oath regarding the Senate expenses scandal.

Step 2
Second reading
Nov 5, 2013
Completed

The House of Commons agreed to the second reading of Bill C-10, an Act to amend the Criminal Code (trafficking in contraband tobacco), on November 5, 2013, before referring it to a committee.

Second reading and referral to committee, Nov 5, 2013
End of stage activity, Nov 5, 2013
Chamber sittings
Debate at second reading - Nov 5, 2013

The House of Commons formally introduced and advanced Bill C-10, the Tackling Contraband Tobacco Act, to its second reading and referral to committee on November 5, 2013, amidst broader parliamentary discussions and question periods.

Step 3
Consideration in committee
Feb 12, 2014
Completed

Bill C-10, an Act to amend the Criminal Code regarding contraband tobacco trafficking, was considered by a House of Commons committee.

Committee report presented without an amendment, Feb 12, 2014
End of stage activity, Feb 12, 2014
Chamber sittings
Committee report presented without an amendment - Feb 12, 2014

On February 12, 2014, the House of Commons sat, during which the committee's report on Bill C-10, an act concerning contraband tobacco, was presented without amendment, concluding that procedural step for the bill in this sitting.

Step 4
Report stage
May 30, 2014
Completed

This House of Commons report stage artifact for Bill C-10 outlines its procedural progression and completion before receiving Royal Assent.

Concurrence at report stage, May 30, 2014
End of stage activity, May 30, 2014
Chamber sittings
Debate at report stage - May 30, 2014

During the House of Commons Report Stage debate on May 30, 2014, Bill C-10, the Tackling Contraband Tobacco Act, was moved to third reading and passed.

Step 5
Third reading
May 30, 2014
Completed

Bill C-10, concerning contraband tobacco trafficking, completed its third reading in the House of Commons on May 30, 2014, and later received Royal Assent on November 6, 2014.

Third reading, May 30, 2014
End of stage activity, May 30, 2014
Chamber sittings
Debate at third reading - May 30, 2014

During the third reading debate of Bill C-10 in the House of Commons, members discussed the bill's measures against contraband tobacco trafficking, including penalties for repeat offenders and its connection to organized crime, before the bill was passed.

Step 1
Royal assent
Nov 6, 2014
Royal assent, Nov 6, 2014
End of stage activity, Nov 6, 2014
Chamber sittings
Royal assent - Nov 6, 2014

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Peter Gordon MacKay
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced