Vol. 145, No. 4 — February 16, 2011

Registration

SOR/2011-7 February 4, 2011

EXCISE ACT, 2001

ARCHIVED — Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes

P.C. 2011-41 February 3, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to paragraph 304(1)(o) of the Excise Act, 2001 (see footnote a), hereby makes the annexed Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes.

REGULATIONS RESPECTING PRESCRIBED BRANDS OF MANUFACTURED TOBACCO AND PRESCRIBED CIGARETTES

INTREPRETATION

1. In these Regulations, “Act” means the Excise Act, 2001.

PRESCRIBED BRANDS OF MANUFACTURED TOBACCO

2. The brands of manufactured tobacco set out in Schedule 1 are prescribed brands for the purposes of subsection 38(3) of the Act.

PRESCRIBED CIGARETTES

3. Cigarettes exported under a brand set out in Schedule 2 are prescribed cigarettes for the purposes of paragraph 38(4)(a) of the Act.

COMING INTO FORCE

4. These Regulations come into force on the day on which section 4 of the Regulations Amending the Stamping and Marking of Tobacco Products Regulations (2011) comes into force but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1
(Section 2)

BRANDS OF MANUFACTURED TOBACCO

ABC

American Choice Full Flavour 100’s

American Choice Full Flavour King Size

American Choice Light 100’s

American Choice Light King Size

American Choice Menthol 100’s

American Choice Menthol King Size

American Choice Menthol Light 100’s

American Choice Menthol Light King Size

American Choice Non Filter King Size

American Choice Ultra Light 100’s

American Choice Ultra Light King Size

Bacha

Baja Full Flavour 100’s

Baja Full Flavour KS

Baja Lights 100’s

Baja Lights KS

Baja Menthol 100’s

Baja Menthol KS

Baja Menthol Light KS

Baja Menthol Lights 100’s

Baja Non Filter KS

Baja Ultra Light 100’s

Baja Ultra Light KS

Bronza Gold

Bronza Silver

Camron Bay Full Flavour 100’s

Camron Bay Full Flavour King Size

Camron Bay Light 100’s

Camron Bay Light King Size

Camron Bay Menthol 100’s

Camron Bay Menthol King Size

Camron Bay Menthol Light 100’s

Camron Bay Menthol Light King Size

Camron Bay Non Filter King Size

Camron Bay Ultra Light 100’s

Camron Bay Ultra Light King Size

Canadian Gold

Canadian Natural Fine Cut Tobacco

Capitol

Capitol Full Flavour

Capitol Lights

Caribou

Carolina

Catalina Full Flavour 100’s

Catalina Full Flavour King Size

Catalina Light 100’s

Catalina Light King Size

Catalina Menthol 100’s

Catalina Ultra Light 100’s

Champion

Chief

CIGS Full Flavour 100’s

CIGS Full Flavour King Size

CIGS Light 100’s

CIGS Light King Size

CIGS Menthol 100’s

CIGS Menthol King Size

CIGS Menthol Light 100’s

CIGS Menthol Light King Size

CIGS Ultra Light 100’s

CIGS Ultra Light King Size

Cijara

Coastal

Cobalt

Deer

Desert

Donia

Doral

Export ‘A’ Custom Cut

Export ‘A’ Preferred

Export ‘A’ Preferred Cut

Export ‘A’ Select

Export ‘A’ Select Cut

Export ‘A’ Special Cut

Flame

Future

Galbi

General Jack’s Full Flavour 100’s

General Jack’s Full Flavour KS

General Jack’s Lights 100’s

General Jack’s Lights KS

General Jack’s Menthol 100’s

General Jack’s Menthol KS

General Jack’s Menthol Lights 100’s

General Jack’s Menthol Lights KS

General Jack’s Non Filter KS

General Jack’s Ultra Lights 100’s

General Jack’s Ultra Lights KS

Gold Coast

GPC

GPC Approved

GPC Full Flavour

GPC Lights

GPC Ultra Lights

Great

Imperial Special Blend

Kent

King

Lucky Strike

MacDonald Export ‘A’ Custom Cut

MacDonald Export ‘A’ Preferred

MacDonald Export ‘A’ Preferred Cut

MacDonald Export ‘A’ Select

MacDonald Export ‘A’ Select Cut

MacDonald Export ‘A’ Special Cut

Max X King Size

Max X Light King Size

MAXX King Size

MAXX Light King Size

MAXX Light Regular Size

MAXX Regular Size

Median

Médina

Mercer

Mild Seven

Mohawk Full Flavour 100’s

Mohawk Full Flavour King Size

Mohawk Light 100’s

Mohawk Light King Size

Mohawk Menthol 100’s

Mohawk Menthol King Size

Mohawk Menthol Light 100’s

Mohawk Menthol Light King Size

Mohawk Menthol Ultra Light 100’s

Mohawk Menthol Ultra Light King Size

Mohawk Ultra Light 100’s

Mohawk Ultra Light King Size

Monarch

Monte Carlo

Montreal Blend

Moose

MVP Full Flavour 100’s

MVP Full Flavour King Size

MVP Light 100’s

MVP Light King Size

MVP Menthol 100’s

MVP Menthol King Size

MVP Menthol Light 100’s

MVP Menthol Light King Size

MVP Non Filter King Size

MVP Ultra Light 100’s

MVP Ultra Light King Size

Native Sun Full Flavour 100’s

Native Sun Full Flavour King Size

Native Sun Light 100’s

Native Sun Light King Size

Native Sun Menthol 100’s

Native Sun Menthol King Size

Native Sun Menthol Light 100’s

Native Sun Menthol Light King Size

Native Sun Non Filter King Size

Native Sun Ultra Light 100’s

Native Sun Ultra Light King Size

Opal Full Flavour 120’s

Optiva Full Flavour 100’s

Optiva Full Flavour King Size

Optiva Lights 100’s

Optiva Lights King Size

Optiva Menthol 100’s

Optiva Menthol King Size

Optiva Menthol Lights 100’s

Optiva Menthol Lights King Size

Optiva Non Filter King Size

Optiva Ultra Lights 100’s

Optiva Ultra Lights King Size

Orchard

Orleans

Palm

Piano

Price Full Flavour 100’s

Price Full Flavour King Size

Price Light 100’s

Price Light King Size

Price Menthol 100’s

Price Menthol King Size

Price Menthol Light 100’s

Price Menthol Light King Size

Price Menthol Ultra Light 100’s

Price Menthol Ultra Light King Size

Price Ultra Light 100’s

Price Ultra Light King Size

Private Supreme King Size

Private Supreme Light King Size

Private Supreme Light Regular Size

Private Supreme Regular Size

Queen

Racing

Raïs Menthol

Raja

Real Supreme King Size

Real Supreme Light King Size

Real Supreme Light Regular Size

Real Supreme Regular Size

Regular

Remington

Revelation

Rocky

Savage

Scenic 101

Senator Full Flavour 100’s

Senator Full Flavour King Size

Senator Light 100’s Senator Light King Size

Senator Menthol 100’s

Senator Menthol King Size

Senator Menthol Light 100’s

Senator Menthol Light King Size

Senator Non Filter King Size

Senator Ultra Light 100’s

Senator Ultra Light King Size

Seneca Full Flavour

Seneca Full Flavour 100’s

Seneca Lights

Seneca Lights 100’s

Seneca Menthol Full Flavour

Seneca Menthol Full Flavour 100’s

Seneca Menthol Lights

Seneca Menthol Lights 100’s

Seneca Ultra Lights

Seneca Ultra Lights 100’s

Square

State

Sunset

Tail

Tassili

Temple

Thunder

Tip

Trail

Tribe Full Flavour 100’s

Tribe Full Flavour King Size

Tribe Light 100’s

Tribe Light King Size

Tribe Menthol 100’s

Tribe Menthol King Size

Tribe Menthol Light 100’s

Tribe Menthol Light King Size

Tribe Menthol Ultra Light 100’s

Tribe Menthol Ultra Light King Size

Tribe Ultra Light 100’s

Tribe Ultra Light King Size

Trophy

Tuna

Vermont

Versace Deluxe Ultra Lights 100’s

Versace Deluxe Ultra Lights King Size

Versace Full Flavour 100’s

Versace Full Flavour King Size

Versace Lights 100’s

Versace Lights King Size

Versace Menthol 100’s

Versace Menthol King Size

Versace Menthol Lights 100’s

Versace Menthol Lights King Size

Versace Non Filter King Size

Versace Ultra Lights 100’s

Versace Ultra Lights King Size

Viceroy

Virginia

Walou

Watt

Wave

Westport Full Flavour 100’s

Westport Full Flavour King Size

Westport Lights 100’s

Westport Lights King Size

Westport Menthol 100’s

Westport Menthol King Size

Westport Menthol Lights 100’s

Westport Menthol Lights King Size

Westport Non Filter King Size

Westport Ultra Lights 100’s

Westport Ultra Lights King Size

Whisky

Wildcat

XYZ

Yankee Blend Fine Cut Tobacco

Zenith

Zodiac

SCHEDULE 2
(Section 3)

BRANDS OF CIGARETTES

Canadian Gold

Zig Zag

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Excise Act, 2001 (the Act) governs federal taxation of tobacco and imposes excise duty on domestically manufactured and imported tobacco products for consumption in Canada. Tobacco products manufactured in Canada or imported into Canada are “stamped” to indicate that federal excise duty has been paid. However, the Act provides that manufactured tobacco and cigars that are not intended for entry into the Canadian duty-paid market are not required to be stamped, but instead require “tobacco markings.” Depending on the circumstances, the tobacco marking will specify that the product is not for sale in Canada or not duty-paid. The specific wording, format and application of stamps and tobacco markings are outlined in the current Stamping and Marking of Tobacco Products Regulations (the Regulations).

Subsection 38(1) of the Act requires that “tobacco markings” be applied to certain unstamped tobacco products. However, under subsections 38(3) and (4) of the Act, certain brands of manufactured tobacco and cigarettes are conditionally relieved from the tobacco marking requirements. For the exemption to apply, the brands of manufactured tobacco and cigarettes must be prescribed by regulation. In addition, the manufactured tobacco cannot be commonly sold in Canada and, in the case of cigarettes, the particular formulation must never have been sold in Canada.

Sections 8 and 9, together with Schedules 9 and 10, of the Regulations identify the brands of manufactured tobacco and cigarettes that are prescribed for purposes of subsections 38(3) and (4) of the Act. Therefore, these brands of manufactured tobacco and cigarettes may qualify for relief from the tobacco marking requirements. Since these provisions serve a different purpose from the other provisions of the Regulations (which elaborate on the format of tobacco stamps, tobacco markings and other prescribed information requirements), their incorporation in the Regulations has led to confusion.

As part of a restructuring of the Regulations, sections 8 and 9, as well as Schedules 9 and 10, have been transferred to a new regulation entitled Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes that is dedicated entirely to brands of manufactured tobacco and cigarettes that may be relieved from the marking requirements to

(a) make it clear that they serve a different purpose; and

(b) minimize complications that might arise when making legislative or regulatory changes to either the stamping, tobacco marking and other information requirements or the prescribed brands of manufactured tobacco and prescribed cigarettes provisions.

Description and rationale

Under the Act, manufactured tobacco and cigars that are not intended for entry into the Canadian duty-paid market require “tobacco markings.” The Regulations set out the requirements for tobacco markings such as those required on containers of manufactured tobacco that are intended for export. Depending on the circumstances, the tobacco marking will specify that the product is not for sale in Canada or not duty-paid.

However, brands of manufactured tobacco that are not commonly sold in Canada or brands of certain cigarettes of a particular formulation that have never been sold in Canada may qualify for relief from the tobacco marking requirements provided they are prescribed by regulation.

In addition to being subject to the marking requirements, tobacco products that are manufactured in Canada and exported are also subject to a special duty. However, certain brands of tobacco products and cigarettes may be conditionally relieved from this special duty if they are prescribed in the Regulations Relieving Special Duty on Certain Tobacco Products.

Relief under the tobacco marking regime works concurrently with the relief from special duty. Consequently, the prescribed brands identified in the current Stamping and Marking of Tobacco Products Regulations exactly match the prescribed brands identified in the Regulations Relieving Special Duty on Certain Tobacco Products such that these products may be exported without tobacco markings and without payment of special duty. This outcome enables these products to be sold in foreign markets on a competitive basis.

Tobacco manufacturers in Canada who make certain unstamped tobacco products specifically for export do so with the intention that these products will be relieved of the marking requirements and special duty. Therefore, these manufacturers must ensure that these products meet the conditions that would qualify them for relief. It would be beneficial to these manufacturers if, similar to the specific regulation listing brands of tobacco products and cigarettes that are prescribed for purposes of relief from special duty, there existed a specific regulation they could refer to that clearly distinguishes prescribed brands of manufactured tobacco and cigarettes for purposes of relief from the tobacco marking requirements.

To this end, as part of a restructuring of the Stamping and Marking of Tobacco Products Regulations, sections 8 and 9 as well as Schedules 9 and 10 have been transferred to a new regulation entitled Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes, with only a minor wording change. Consistent with the wording of subsection 38(3) of the Act, it is proposed that the reference to “tobacco products” be replaced with “manufactured tobacco.” This regulatory proposal will not introduce any changes to the list of prescribed brands.

Since these provisions already exist and are simply being transferred to a new regulation, there are no costs or savings with respect to this proposal. However, transferring these provisions to a new regulation highlights the specific application of the Regulations, thereby facilitating their administration.

Consultation

Since these provisions are simply being transferred from the Stamping and Marking of Tobacco Products Regulations to the newly created Regulations, no consultation was conducted. There will be no change to the way these provisions are currently administered by the Canada Revenue Agency (CRA). The CRA will notify affected persons and stakeholders of the transfer of these provisions to the new Regulations.

Contact

Mr. Phil McLester
Director
Excise Duties and Taxes Division
320 Queen Street
Place de Ville, Tower A, 20th Floor
Ottawa, Ontario
K1A 0L5
Telephone: 613-954-0111
Fax: 613-954-2226
Email: Phil.McLester@cra-arc.gc.ca

Footnote a
S.C. 2002, c. 22