Excise Act, 2001 (S.C. 2002, c. 22)

Act current to 2014-10-15 and last amended on 2014-06-19. Previous Versions

PART 3.1CIGARETTE INVENTORY TAX

Marginal note:Definitions

 The following definitions apply in this Part.

“adjustment day”

« date d’ajustement »

“adjustment day” means

  • (a) February 12, 2014; or

  • (b) in the case of an inflationary adjusted year, December 1 of that year.

“inflationary adjusted year”

« année inflationniste »

“inflationary adjusted year” has the same meaning as in subsection 43.1(1).

“loose tobacco”

“loose tobacco”[Repealed, 2014, c. 20, s. 69]

“separate retail establishment”

« établissement de détail distinct »

“separate retail establishment” of a person means a shop or store of the person

  • (a) that is geographically separate from other places of business of the person;

  • (b) at which, in the ordinary course of the person’s business, the person regularly sells, otherwise than through vending machines, tobacco products to consumers, within the meaning of section 123 of the Excise Tax Act, attending at the shop or store; and

  • (c) in respect of which separate records are maintained.

“taxed cigarettes”

« cigarettes imposées »

“taxed cigarettes” of a person means cigarettes in respect of which duty has been imposed under section 42 before February 12, 2014 at the rate set out in paragraph 1(b) of Schedule 1, as that provision read on February 11, 2014, and that, at the beginning of February 12, 2014,

  • (a) were owned by that person for sale in the ordinary course of a business of the person;

  • (b) were not held in a vending machine; and

  • (c) were not relieved from that duty under this Act.

“taxed tobacco”

“taxed tobacco”[Repealed, 2014, c. 20, s. 69]

“unit”

“unit”[Repealed, 2014, c. 20, s. 69]

  • 2006, c. 4, s. 34;
  • 2007, c. 35, s. 197;
  • 2014, c. 20, s. 69.
Marginal note:Imposition of tax  —  2014 increase
  •  (1) Subject to section 58.3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of February 12, 2014 at the rate of $0.02015 per cigarette.

  • Marginal note:Imposition of tax  — inflationary adjusted years

    (2) Subject to section 58.3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of December 1 of an inflationary adjusted year at a rate per cigarette equal to

    • (a) in the case of cigarettes in respect of which duty has been imposed under section 42, the amount determined by the formula

      (A – B)/5

      where

      A 
      is the rate of duty applicable under paragraph 1(b) of Schedule 1 for each five cigarettes on December 1 of the inflationary adjusted year, and
      B 
      is the rate of duty applicable under section 1 of Schedule 1 for each five cigarettes on November 30 of the inflationary adjusted year; and
    • (b) in the case of cigarettes in respect of which duty has been imposed under section 53, the amount determined by the formula

      C – D

      where

      C 
      is the rate of duty applicable under paragraph 1(a) of Schedule 3 per cigarette on December 1 of the inflationary adjusted year, and
      D 
      is the rate of duty applicable under paragraph 1(a) of Schedule 3 per cigarette on November 30 of the inflationary adjusted year.
  • Marginal note:Rounding

    (3) The amount determined under paragraph (2)(a) or (b) is to be rounded to the nearest one-hundred-thousandth or, if the amount is equidistant from two consecutive one-hundred-thousandths, to the higher one-hundred-thousandth.

  • 2006, c. 4, s. 34;
  • 2007, c. 35, s. 198;
  • 2014, c. 20, s. 70.