SOR/2003-20020036

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20196

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EXCISE ACT, 2001Return of Packaged Alcohol to an Excise Warehouse RegulationsP.C.2003-85420036

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Her 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, 2001a, hereby makes the annexed Return of Packaged Alcohol to an Excise Warehouse Regulations.aS.C. 2002, c. 22Interpretation

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

Conditions

2For the purposes of paragraph 90(d) of the Act, a licensed user may return non-duty-paid packaged alcohol to the excise warehouse licensee who supplied it if, at the time of its return to the warehouse, the alcohol is packaged in the same container in which it was packaged when it was removed from the warehouse and the container(a)has not been opened; or(b)if opened, was opened by the licensed user solely for the purpose of analysis in accordance with paragraph 90(f) of the Act.

3For the purposes of paragraph 91(c) of the Act, a registered user may return non-duty-paid packaged spirits to the excise warehouse licensee who supplied them if, at the time of their return to the warehouse, the spirits are packaged in the same container in which they were packaged when they were removed from the warehouse and the container(a)has not been opened; or(b)if opened, was opened by the registered user solely for the purpose of analysis in accordance with paragraph 91(b) of the Act.

4For the purposes of section 152 of the Act, duty-paid packaged alcohol that has been removed from an excise warehouse may be entered into that warehouse as non-duty-paid packaged alcohol if, at the time of its return to the warehouse, it is packaged in the same container in which it was packaged when it was removed from the warehouse and the container(a)has not been opened; or(b)if opened, was opened by the licensed user or the registered user solely for the purpose described in paragraph 2(b) or 3(b), as applicable.

5For the purposes of section 153 of the Act, non-duty paid packaged alcohol that has been removed from an excise warehouse may be entered into that warehouse as non-duty-paid packaged alcohol if, at the time of its return to the warehouse, it is packaged in the same container in which it was packaged when it was removed from the warehouse and the container(a)has not been opened; or(b)if opened, was opened by the licensed user or the registered user solely for the purpose described in paragraph 2(b) or 3(b), as applicable.

6For the purposes of subsection 185(2) of the Act, the Minister may refund the special duty that has been paid on imported packaged spirits that are returned by a licensed user to the excise warehouse of the excise warehouse licensee referred to in that subsection if, at the time of their return to the warehouse, the spirits are packaged in the same container in which they were packaged when they were removed from the warehouse and the container has not been opened.

Coming into Force

7These Regulations take effect on July 1, 2003.