Bill 186 explained in plain English
Supporting Smoke-Free Ontario by Reducing Contraband Tobacco Act, 2011
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Supporting Smoke-Free Ontario by Reducing Contraband Tobacco Act, 2011, amends the Tobacco Tax Act to regulate raw leaf and fine-cut tobacco, update enforcement measures, and facilitate agreements with First Nations.
This bill amends the Tobacco Tax Act to update definitions, introduce regulations for raw leaf tobacco and fine-cut tobacco, and revise enforcement provisions. It also includes measures for arrangements with First Nations, and updates terminology and administrative procedures within the Act. Key changes include expanding registration requirements to include producers, processors, and distributors of raw leaf tobacco, establishing a marking system for fine-cut tobacco similar to that for cigarettes, and authorizing the seizure of unmarked tobacco products found in plain view. The bill also allows for agreements with First Nations regarding tobacco tax and provides for information sharing between the government and First Nations councils under specific conditions.
- Amends the Tobacco Tax Act to introduce new definitions for "raw leaf tobacco" and "fine cut tobacco."
- Expands registration requirements to include individuals who produce, process, sell, or distribute raw leaf tobacco.
- Establishes a marking system for fine-cut tobacco similar to the one for cigarettes.
- Introduces provisions for agreements between the Crown and First Nations representatives regarding tobacco and the administration and enforcement of the Act on reserves.
- Updates enforcement provisions, including measures for the seizure of unmarked tobacco products.
- Introduces new penalties and offenses related to the possession, sale, and transportation of unmarked tobacco products, including raw leaf and fine-cut tobacco.
- Allows the Minister to establish and charge fees for services related to the Act.
- Producers, processors, dealers, importers, and exporters of raw leaf tobacco.
- Manufacturers, wholesalers, and retailers of tobacco products.
- Interjurisdictional transporters of tobacco.
- Individuals involved in the marking or stamping of cigarettes and fine-cut tobacco.
- Manufacturers of tear tape.
- Consumers of tobacco products.
- First Nations and their representatives.
- Police officers and persons authorized by the Minister of Revenue.
- Businesses involved in the sale or distribution of tobacco products.
- Requirement to obtain registration certificates for producing, processing, selling, purchasing, importing, exporting, or transporting raw leaf tobacco.
- Requirement to obtain permits for marking or stamping fine-cut tobacco.
- Prohibition against selling fine-cut tobacco to consumers unless packages are marked or stamped according to regulations.
- Prohibition against purchasing, possessing, storing, or selling unmarked fine-cut tobacco without a permit.
- Obligation to provide information to the Minister as prescribed.
- Obligation to notify the Minister of changes in business name or termination of business for registered persons.
- Requirement for interjurisdictional transporters to keep specific documents when transporting raw leaf tobacco.
- Authority for the Minister to demand information and security from persons involved in tobacco activities.
- Prohibition against affixing Ontario tax indicia to tobacco products for sale outside Ontario.
- The Act comes into force on the day it receives Royal Assent (June 1, 2011), with some provisions coming into force on October 1, 2012, and others on April 1, 2013.
- Subsection 3 (2) comes into force on a day to be named by proclamation.
- The Act amends the Tobacco Tax Act, which is related to the imposition and collection of tobacco taxes.
- New penalties are introduced, often calculated as multiples of the tax that would have been payable.
- The Minister may establish and charge fees for services related to the Act.
- Police officers and persons authorized by the Minister can seize unmarked tobacco products in plain view or under specific circumstances.
- New offences and penalties are established for various contraventions of the Act, including possession, sale, and transportation of unmarked or improperly marked tobacco products.
- Penalties for contravening provisions related to raw leaf tobacco production, processing, sale, import, export, and transport are outlined.
- Penalties for contravening provisions related to unmarked fine-cut tobacco, including possession, sale, and delivery, are specified.
- Fines and imprisonment are stipulated for various offences.
- Provisions for the forfeiture of seized tobacco products to the Crown are included.
- The Minister has the authority to suspend or cancel registration certificates for non-compliance.
- The specific criteria for issuing registration certificates, the exact form and manner of applications, and prescribed information or requirements for registration are not detailed in the provided text and would likely be specified in regulations.
- The circumstances under which the Minister may suspend or cancel a registration certificate, beyond failure to comply with conditions, are described as "such other circumstances as may be prescribed."
- The specific conditions and restrictions that may be imposed on registration certificates by the Minister are not detailed.
- The specific circumstances for the seizure of raw leaf tobacco or unmarked tobacco products by authorized persons are described as "specified circumstances" or "reasonable and probable grounds", which may require further interpretation.
- The
This bill makes numerous amendments to the Tobacco Tax Act, including adding new definitions, expanding registration requirements for various tobacco-related activities, and updating existing provisions related to enforcement, penalties, and the handling of tobacco products. It also introduces new sections related to raw leaf tobacco, fine cut tobacco, and agreements with First Nations.
Source: Bill 186, Chapter 15 of the Statutes of Ontario, 2011
The bill references the Indian Act (Canada) for definitions of "council of the band" and "Indian".
Source: Section 1(3) and 1(8)
The bill references the Police Services Act for the definition of "police officer".
Source: Section 1(13)
The bill makes transitional provisions deeming certain individuals licensed or registered under the Farm Products Marketing Act to hold corresponding registration certificates under the Tobacco Tax Act.
Source: Section 2.2(12)
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 textProcess Snapshot
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
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