SOR/2024-7020244

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EXCISE ACT, 2001Excise Duties on Vaping Products RegulationsP.C.2024-39520244

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, makes the annexed Excise Duties on Vaping Products Regulations under sections 304a and 304.3b of the Excise Act, 2001c.aS.C. 2022, c. 19, s. 101bS.C. 2022, c. 10, s. 79cS.C. 2002, c. 22Definition

Definition of Act1For the purposes of these Regulations, Act means the Excise Act, 2001.

Additional Vaping Duty

Specified vaping provinces2For the purposes of the definition specified vaping province in section 2 of the Act, the following provinces are prescribed:(a)Ontario;(b)Quebec;(c)New Brunswick;(d)Manitoba;(e)Prince Edward Island;(f)Alberta;(g)Yukon;(h)the Northwest Territories; and(i)Nunavut.SOR/2024-211, s. 1

Section 158.58 of Act — prescribed circumstances3For the purposes of section 158.58 of the Act, a duty in respect of a specified vaping province is imposed under that section on vaping products manufactured in Canada, or imported, if(a)in the case of vaping products that are imported by an individual for their personal use, the individual is resident in the specified vaping province; and(b)in any other case, the vaping products are for consumption, use or sale to consumers in the specified vaping province.

Subsection 158.6(2) of Act — prescribed circumstances4For the purposes of subsection 158.6(2) of the Act, a duty in respect of a specified vaping province is imposed under that subsection on vaping products if(a)the vaping products are not stamped; and(b)the location of the vaping products at the particular time referred to in that subsection is in the specified vaping province.

Subsection 158.61(2) of Act — prescribed circumstances5For the purposes of subsection 158.61(2) of the Act, a duty in respect of a specified vaping province is imposed under that subsection on vaping products that cannot be accounted for if(a)the vaping products are not stamped;(b)the last known location of the vaping products before the particular time referred to in that subsection is in the specified vaping province; and(c)the particular person referred to in that subsection is not convicted of an offence under section 218.2 of the Act in respect of the vaping products.

Calculation of additional vaping duty6For the purposes of section 158.58 and subsections 158.6(2) and 158.61(2) of the Act, the amount of duty imposed under those provisions in respect of vaping products and a specified vaping province is equal to the amount determined in respect of the vaping products under Schedule 8 to the Act.

Transition

July 1 to September 30, 20247For the purpose of facilitating the implementation of the coordinated vaping duty system (as defined in subsection 304.3(1) of the Act), subparagraph 158.42(1)(a)(ii), subsection 158.44(2) and paragraphs 158.45(1)(c) and 158.46(d) of the Act do not apply before October 2024 in respect of(a)vaping products that are manufactured in Canada and that are stamped before July 2024;(b)packaged vaping products that are imported by a vaping product licensee for stamping by the vaping product licensee and that are stamped before July 2024; and(c)any other imported vaping products that are imported or released (as defined in subsection 2(1) of the Customs Act) before July 2024.

Definition of qualifying vaping product8(1)For the purposes of subsection (2), qualifying vaping product means a vaping product that is not stamped to indicate that additional vaping duty in respect of a specified vaping province has been paid and that(a)is manufactured in Canada and is stamped before January 2025;(b)is imported by a vaping product licensee for stamping by the vaping product licensee and is stamped before January 2025; or(c)is imported otherwise than by a vaping product licensee for stamping by the vaping product licensee and is imported or released (as defined in subsection 2(1) of the Customs Act) before January 2025.January 1 to March 31, 2025(2)For the purposes of facilitating the joining of New Brunswick, Manitoba, Prince Edward Island, Alberta and Yukon to the coordinated vaping duty system (as defined in subsection 304.3(1) of the Act), the following rules apply:(a)subsection 158.44(2) of the Act does not apply before April 2025 in respect of qualifying vaping products that are disposed of, sold, offered for sale, purchased or possessed, as the case may be, in any of those specified vaping provinces;(b)paragraph 158.46(d) of the Act does not apply before April 2025 in respect of qualifying vaping products that are to be entered in the duty-paid market of any of those specified vaping provinces;(c)section 158.58 of the Act does not apply in respect of vaping products if(i)in the case of vaping products that are imported by an individual for their personal use, the vaping products are imported before January 2025 and the individual is resident in any of those specified vaping provinces, and(ii)in any other case, the vaping products are qualifying vaping products that are for consumption, use or sale to consumers in any of those specified vaping provinces;(d)subsection 158.6(2) of the Act does not apply in respect of vaping products if the particular time referred to in that subsection is before January 2025 and the vaping products are located in any of those specified vaping provinces at the particular time; and(e)subsection 158.61(2) of the Act does not apply in respect of vaping products if the particular time referred to in that subsection is before January 2025 and the last known location of the vaping products before the particular time is in any of those specified vaping provinces.SOR/2024-211, s. 2

9[Repealed, SOR/2024-211, s. 2]

Coming into Force

Publication10(1)Subject to subsections (2) and (3), these Regulations come into force on the day on which they are published in the Canada Gazette, Part II.Application after June 2024(2)Section 3 applies in respect of(a)vaping products that are manufactured in Canada and that are stamped after June 2024;(b)packaged vaping products that are imported by a vaping product licensee for stamping by the vaping product licensee and that are stamped after June 2024; and(c)any other imported vaping products that are imported or released (as defined in subsection 2(1) of the Customs Act) after June 2024.July 1, 2024(3)Sections 4, 5 and 8 come into force on July 1, 2024.

SOR/2024-2112024-11-06