Canada whole leaf laws

[FmGrowit]

Thank you Lakota for posting this in another thread.

Here is a link to the cbsa pdf on raw leaf tobacco tax http://www.cbsa-asfc.gc.ca/trade-com...-t2015-eng.pdf . Page 329 will show all taxes on imported raw leaf.

An Ontario law means " nothing to the other provinces in Canada", If in doubt call the cbsa and clarify the law.

Here is the link for what can be " manufactured in one year" for the home grower. http://laws-lois.justice.gc.ca/eng/a...ge-7.html#h-15 . Nowhere does it say how much I can grow, just what I can manufacture. These links should clarify the laws.

 

[ChinaVoodoo]

I would like to comment on tobacco tax laws which are specific to Alberta.
The Alberta Tobacco Tax Act - http://www.qp.alberta.ca/documents/Acts/T04.pdf - states the following:

Limits on possession of tobacco 4.1 No person shall possess (a) more than 1000 cigarettes, (b) more than 1000 tobacco sticks, (c) more than 1000 grams of fine cut tobacco, (d) cigars that in total contain more than 1000 grams of tobacco, or (e) any combination of tobacco containing more than 1000 grams of tobacco unless the person establishes that the person (f) has been issued a permit to do so under the regulations, or (g) is a licensed wholesaler, licensed importer, retailer or marking permit holder, or possesses tobacco on behalf of any of them.

The Alberta Tobacco Tax Information Circular, commenting on this section also adds this - http://www.finance.alberta.ca/publications/tax_rebates/tobacco/tta2.html -

If you are found guilty of a first offence of having more than the 1,000 grams of tobacco limit, you may be fined up to $20,000, jailed up to six months, or both fined and jailed. On a second or subsequent conviction, you could be fined up to $50,000, jailed up to a year, or both a fined and jailed.

When I first became aware of this legislation I became rather distressed; however, I would like to clarify how this is ok if anyone has anyone question them on it. I had someone I don't entirely trust bring it up with me, so I delved deeper into it. First point - The Information Circular states that "if a discrepancy should occur in interpretation between this information circular and governing legislation, the legislation takes precedence. " That governing legislation is the Alberta Tobacco Tax Act. In the Information Circular, this section is titled "Consumers". The definitions section of the Act states that

consumer” means a person who purchases or acquires

tobacco in Alberta (i) for consumption or use by that person, (ii) for consumption or use by another person at the first person’s expense, or (iii) on behalf of, or as the agent for, a principal for consumption or use by the principal or by another person at the principal’s expense;

A grower is not a consumer as they did not purchase or acquire their tobacco.

Second Point - Even though the Act states that it is illegal to possess
(e) any combination of tobacco containing more than 1000 grams of tobacco

it does not apply to raw tobacco, even if purchased because under definitions,

(q) “tobacco” means tobacco in any form in which it is used or consumed, and includes snuff;
(r) “tobacco products” means cigarettes, tobacco sticks and fine cut tobacco;

Therefore, so long as your purchased or grown whole leaf tobacco is not in a form in which it is to be consumed, you are acting in a legal manner. However, if you purchase tobacco and are therefore a consumer, then proceed to manufacture tobacco into a form in which it can be consumed, in an amount over 1000g, you are breaking the law. If you grew it, you may be limited to 1000g as well: it is a grey area because the Information Circular title of "consumer" does not actually appear in the governing act as far as I have seen. So that's some food for thought for Albertan growers and importers. To be safe, don't shred too much and don't roll too many cigars. Keep it as whole leaf

 

[ringanator]

If you ever get caught just say it part of your religion therefor it would be a human rights violation to persecute you under the charter of rights and freedoms.

 

[ChinaVoodoo]

I know that was tongue in cheek, but I think it has to be a real religion and you need some proof of membership. Anyways, I only cut as much as I need.

 

[burge]

I will only shred 2lbs at a time if that and another clarification is if imported under the tax act once customs les it through you are okay. I know with the competition they have a duty paid stamp on the bag. I will only get from the competition what is not available from Don. Competitions is okay but Dons is exceptional.

 

[ChinaVoodoo]

The thing about this legislation is that it says you're only allowed to possess 1kg of tobacco whether tax has been paid or not on it. The information circular suggests that they assume you are selling if you are over the possession limit without a license. Now, half the cigar smokers I know have enough in one humidor to be breaking this law. The real reason they must have enacted this law is if they know you're bootlegging cigarettes, they don't have to actually catch you doing it to charge you with something. They just need to show you are over the possession limit. They aren't targeting cigar or pipe smokers. In my situation, i live in a regular urban neighbourhood, with 75 tobacco plants in my front yard and 55 in the back, which are taller than the fence. What if a do gooder thinks they would help the world to put an end to my tobacco production? Simple solution. Make sure I'm under the possession limit of tobacco by the legal definition.

 

[ringanator]

thats one of the main reasons i moved to the country no nosie do gooders lol.. but even if someone did report you the likelyhood they would get a warrant to search would be slim to nill aslong as you were not caught selling it. kind of like moonshine if it for personal consumption they leave you alone if you are selling it it a totally different.

 

[samroche]

Despite no responses since September, so I don't know if this thread is still going on, but I'm curious if I'm allowed to commission someone to strip my leafs and shred them for me, of course for my personal use that is.

And please pardon my ignorance, who is Don? His name came up many times while reading other posts.

 

[Hasse SWE]

Don is the person behind Whole leaf tobacco (and this forum) his nickname her is FmGrowit

 

[FmGrowit]

I'm curious if I'm allowed to commission someone to strip my leafs and shred them for me, of course for my personal use that is.

.

I don't know what the Canadian law is but, I suspect it's the same as in the US. If you can find someone to process your tobacco for you, they would have to pay the tax on the manufactured product. Of course, they would have to be licensed to do so and they would just pass the costs on to you, so ultimately, there would be no economic advantage to having custom made tobacco.

 

[ChinaVoodoo]

Despite no responses since September, so I don't know if this thread is still going on, but I'm curious if I'm allowed to commission someone to strip my leafs and shred them for me, of course for my personal use that is.

And please pardon my ignorance, who is Don? His name came up many times while reading other posts.

Granted that you are within your legal possession limit, your homegrown tobacco needs to be processed and stored on land that you reside on. The person who does the processing is irrelevant

 

[buck]

I believe that you are correct Don, the person shredding the leaf would be considered a manufacturer and would need a license in Canada as well.

 

[burge]

I am in Calgary had have wondered if I would be allowed to help in the costs to grow tobacco. I read the same thing by China Voodo and it does not include whole leaf tobacco as long as it is not processed. Luckily on one of my orders I had the cdn duty stamp on it. If you show receipts of duty paid once it crosses the border then the provincial government can do nothing. Why? Because border officials to release a product has to charge for the province it is going to. Provincial acts do not apply to federal regulations. Ie the tobacco tax act providing exemptions. 15 kgs of grown tobacco for personal use without a license and importing 3kgs of leaf at a time. The yearly limit is 15kgs

 

[BigBillHell]

Hello guys. I'm new to the world of importing tobacco for my own personal use. I've bought a couple times from USA suppliers about 200 grams each time and had no problems. No taxes or anything. I'm wondering what kind of luck I would have importing 1kg or even 2kg? Anyone bringing it into BC, Canada? I read on the CBSA website that 5 units of 200g is the max a person can bring in without Canada government labels/stamps saying taxes paid, so is 1 kg OK but not anything over that? I would really appreciate some clarification.

 

[ChinaVoodoo]

Hello guys. I'm new to the world of importing tobacco for my own personal use. I've bought a couple times from USA suppliers about 200 grams each time and had no problems. No taxes or anything. I'm wondering what kind of luck I would have importing 1kg or even 2kg? Anyone bringing it into BC, Canada? I read on the CBSA website that 5 units of 200g is the max a person can bring in without Canada government labels/stamps saying taxes paid, so is 1 kg OK but not anything over that? I would really appreciate some clarification.

Whole leaf tobacco is categorized by revenue Canada as "raw tobacco" and has a legitimate excise tax of a mere $1.57/kg, so it's not about luck. It's just inexpensive. Whole Leaf Tobacco puts the tax law section on the outside of the package just in case an officer might make a mistake. In the event that they charge it as some other form of tobacco, people generally pay the post office then submit a reassessment form to the government. I've never had to do this.

Also, don't be greedy. Order a couple or a few pounds at a time. Don't draw too much attention or they might suspect you're selling.

 

[deluxestogie]

And welcome to the forum, BigBill.

Bob

 

[BigBillHell]

Thank you for the input China and Hi Bob, pleased to be here. Maybe I can contribute to the forum one day. I can't wait to try out some of Don's leaves!

 

[burge]

Thank you for the input China and Hi Bob, pleased to be here. Maybe I can contribute to the forum one day. I can't wait to try out some of Don's leaves!

7lbs is safe. but that would be the most I would order I wish it could be more

 

[Hasse SWE]

Aha so almost exactly 3kg than.

 

[Lakota]

Hasse The 3 kg law is only valid in 1 province ( Ontario ) as far as I can tell. ONTARIO REGULATION 247/14 RAW LEAF TOBACCO download link

https://www.ontario.ca/laws/regulation/140247

Tobacco laws can be confusing, so I really like links to the laws, new and old for clarity
My last 2 orders from Larry was 18 lbs and 11 pounds. Maybe I have missed a new tobacco law along with CBS Agents. If I missed the new law can someone post a link to it? Thanks