Registration

SOR/2008-271 September 5, 2008

CUSTOMS TARIFF

Regulations Amending the Returning Persons Exemption Regulations

P.C. 2008-1619 September 5, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to paragraph 133(f) of the Customs Tariff (see footnote a), hereby makes the annexed Regulations Amending the Returning Persons Exemption Regulations.

REGULATIONS AMENDING THE RETURNING PERSONS EXEMPTION REGULATIONS

AMENDMENT

1. Subsection 3(2) of the Returning Persons Exemption Regulations (see footnote 1) is replaced by the following:

(2) The exemption does not apply to

(a) alcoholic beverages imported by a person who has not attained the minimum age at which a person may lawfully purchase alcoholic beverages in the province where the customs office through which the alcoholic beverages are imported is located; or

(b) tobacco imported by a person who has not attained 18 years of age.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Previous versions of the Returning Persons Exemption Regulations contained a restriction on minors including cigarettes, cigars or manufactured tobacco in their personal exemption, that is, without having to pay duty. This restriction was removed from the Regulations in 1994 because a provision in the Tobacco Sales to Young Persons Act prohibited minors from importing tobacco products. That provision was repealed on the enactment of the Tobacco Act in 1997. The Tobacco Act does not contain such a provision. The loophole has existed since that time, but has only recently come to the attention of the government and the public at large.

Description and rationale

The amendment to the Returning Persons Exemption Regulations will eliminate the loophole that allows minors to include tobacco within their personal exemption.

Given that tobacco products in Canada cannot be lawfully sold to minors, the regulatory change is consistent with federal and provincial tobacco control strategies. This is the best short-term measure until the Government of Canada determines the optimal long-term solution.

Consultation

The Canada Border Services Agency has consulted with Health Canada, the Department of Finance, and all of the provinces and territories. There is unanimous support for the proposed regulatory amendment.

Contact

Manager
Regulations Unit
Legislative Affairs and Access to Information and Privacy
Strategy and Coordination Branch
Canada Border Services Agency
191 Laurier Avenue West, 7th Floor
Ottawa, Ontario
K1A 0L8

Footnote a
S.C. 1997, c. 36

Footnote 1
SOR/98-61

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