The proposed amendments to the Criminal Code would create a new offence of trafficking in contraband tobacco. Trafficking would involve any of the following actions:
Under the Bill, the maximum penalty for a first offence would be six months imprisonment on summary conviction and five years imprisonment if prosecuted on indictment.
The Bill also proposes mandatory minimum penalties of imprisonment for repeat offenders where a high volume of tobacco products is involved. The threshold to be considered “high volume” would be 10,000 cigarettes or 10 kilograms of other tobacco products.
The mandatory minimum penalties on indictment would be as follows:
The Attorney General of Canada will be given concurrent jurisdiction with the provincial Attorneys General to prosecute this new offence. The Public Prosecution Service of Canada fulfills the responsibilities of the
Attorney General of Canada in the prosecution of criminal offences under federal jurisdiction.
The provisions would come into force on a day or days to be fixed by order of the Governor in Council.
Above Reference: http://canada.justice.gc.ca/eng/news-nouv/nr-cp/2013/doc_32982.html
Text of Bill C-10: http://www.parl.gc.ca/content/hoc/Bills/412/Government/C-10/C-10_1/C-10_1.PDF