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Excise Act, 2001 (S.C. 2002, c. 22)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART 4.1Cannabis (continued)

Imposition and Payment of Duty on Cannabis (continued)

Marginal note:Duty on unaccounted cannabis

  •  (1) If a particular person that is responsible at a particular time for cannabis products cannot account for the cannabis products as being, at the particular time, in the possession of a cannabis licensee or in the possession of another person in accordance with subsection 158.11(3) or paragraph 158.11(5)(a), the following rules apply:

    • (a) if the cannabis products are packaged, they are relieved of the duty imposed under subsection 158.19(1); and

    • (b) duty is imposed on the cannabis products in the amount that is equal to the greater of

      • (i) the amount determined in respect of the cannabis products under section 1 of Schedule 7, and

      • (ii) the amount determined in respect of the cannabis products under section 4 of Schedule 7.

  • Marginal note:Specified province — duty on unaccounted cannabis

    (2) If a particular person that is responsible at a particular time for cannabis products cannot account for the cannabis products as being, at the particular time, in the possession of a cannabis licensee or in the possession of another person in accordance with subsection 158.11(3) or paragraph 158.11(5)(a), a duty in respect of a specified province is imposed on the cannabis products in prescribed circumstances in the amount determined in prescribed manner. This duty is in addition to the duty imposed under subsection (1).

  • Marginal note:Duty payable

    (3) The duty imposed under subsection (1) or (2) is payable at the particular time, and by the particular person, referred to in that subsection.

  • Marginal note:Exception

    (4) Subsection (1) does not apply in circumstances in which the particular person referred to in that subsection is convicted of an offence under section 218.1.

  • 2018, c. 12, s. 73

Marginal note:Definition of commencement day

  •  (1) For the purposes of this section, commencement day has the same meaning as in section 152 of the Cannabis Act.

  • Marginal note:Duty on cannabis — production before commencement day

    (2) Duty is imposed on cannabis products that are produced in Canada and delivered to a purchaser before commencement day for sale or distribution on or after that day in the amount that is equal to the greater of

    • (a) the amount determined in respect of the cannabis product under section 1 of Schedule 7, and

    • (b) the amount determined in respect of the cannabis product under section 2 of Schedule 7.

  • Marginal note:Additional cannabis duty — production before commencement day

    (3) In addition to the duty imposed under subsection (2), a duty in respect of a specified province is imposed on cannabis products that are produced in Canada and delivered to a purchaser before commencement day for sale or distribution on or after that day in prescribed circumstances in the amount determined in a prescribed manner.

  • Marginal note:Duty payable

    (4) The duty imposed under subsection (2) or (3) is payable on commencement day by the cannabis licensee that packaged the cannabis product.

  • Marginal note:Exception

    (5) Subsection (2) does not apply to a prescribed cannabis product, or a cannabis product of a prescribed class, that is delivered to a prescribed person in prescribed circumstances or for a prescribed purpose.

  • 2018, c. 12, s. 73

Marginal note:Duty relieved — cannabis imported by licensee

 The duties imposed under sections 158.21 and 158.22 are relieved on

  • (a) a cannabis product that is not packaged and that is imported by a cannabis licensee; or

  • (b) a prescribed cannabis product, or a cannabis product of a prescribed class, that is imported by a prescribed person in prescribed circumstances or for a prescribed purpose.

  • 2018, c. 12, s. 73

Marginal note:Duty relieved — prescribed circumstances

 The duties imposed under any of sections 158.19 to 158.22 and 158.27 are relieved on a prescribed cannabis product, or a cannabis product of a prescribed class, in prescribed circumstances or if prescribed conditions are met.

  • 2018, c. 12, s. 73

Marginal note:Duty not payable

 Duty is not payable on

  • (a) a cannabis product that

    • (i) is taken for analysis or destroyed by the Minister,

    • (ii) is taken for analysis or destroyed by the Minister, as defined in subsection 2(1) of the Cannabis Act,

    • (iii) is taken for analysis by a cannabis licensee in a manner approved by the Minister,

    • (iv) is destroyed by a cannabis licensee in a manner approved by the Minister,

    • (v) is delivered by a cannabis licensee to another person for analysis or destruction by that person in a manner approved by the Minister,

    • (vi) is a low-THC cannabis product,

    • (vii) is a prescription cannabis drug, or

    • (viii) is a prescribed cannabis product or a cannabis product of a prescribed class;

  • (b) a non-duty-paid cannabis product that is removed from the premises of a cannabis licensee for export in accordance with the Cannabis Act; or

  • (c) a prescribed cannabis product, or a cannabis product of a prescribed class, that is delivered by a cannabis licensee to a prescribed person in prescribed circumstances or for a prescribed purpose.

  • 2018, c. 12, s. 73

Marginal note:Quantity of cannabis

 For the purposes of determining an amount of duty in respect of a cannabis product under section 1 of Schedule 7, the following rules apply:

  • (a) the quantity of flowering material and non-flowering material included in the cannabis product or used in the production of the cannabis product is to be determined in a prescribed manner in prescribed circumstances; and

  • (b) if paragraph (a) does not apply in respect of the cannabis product,

    • (i) the quantity of flowering material and non-flowering material included in the cannabis product or used in the production of the cannabis product is to be determined at the time the flowering material and non-flowering material are so included or used and in a manner satisfactory to the Minister, and

    • (ii) if the quantity of flowering material included in the cannabis product or used in the production of the cannabis product is determined in accordance with subparagraph (i), the particular quantity of that flowering material that is industrial hemp by-product is deemed to be non-flowering material if that particular quantity is determined in a manner satisfactory to the Minister.

  • 2018, c. 12, s. 73

Marginal note:Delivery to purchaser

 For the purposes of sections 158.19, 158.2 and 158.27 and for greater certainty, delivery to a purchaser includes

  • (a) delivering cannabis products, or making them available, to a person other than the purchaser on behalf of or under the direction of the purchaser;

  • (b) delivering cannabis products, or making them available, to a person that obtains them otherwise than by means of a purchase; and

  • (c) delivering cannabis products or making them available in prescribed circumstances.

  • 2018, c. 12, s. 73

Marginal note:Time of delivery

 For the purposes of sections 158.19, 158.2 and 158.27, a cannabis product is deemed to be delivered to a purchaser by a cannabis licensee at the earliest of

  • (a) the time at which the cannabis licensee delivers the cannabis product or makes it available to the purchaser,

  • (b) the time at which the cannabis licensee causes physical possession of the cannabis product to be transferred to the purchaser, and

  • (c) the time at which the cannabis licensee causes physical possession of the cannabis product to be transferred to a carrier — being a person that provides a service of transporting goods including, for greater certainty, a service of delivering mail — for delivery to the purchaser.

  • 2018, c. 12, s. 73
 
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