Part IIFinal RegulationPublished: November 22, 2023

Tobacco brands added to export relief

Regulations Amending the Regulations Relieving Special Duty on Certain Tobacco Products and the Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes: SOR/2023-242

The government amended two regulations to add 29 manufactured‑tobacco brands to Schedule 1 and 3 cigarette brands to Schedule 2, allowing those listed products to be exported without Canada‑specific markings and without permanently paying the refundable special duty. The amendments took effect on 2023-11-09 and let eligible manufacturers avoid upfront marking requirements and administrative refund steps when exporting the listed brands.

Published
November 22, 2023
Department
Unavailable
Section
Regulations Amending the Regulations Relieving Special Duty on Certain Tobacco Products and the Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes
Comment deadline
Unavailable
Effective date
November 9, 2023
Publication part
Part II

Summary

Summary#

The government has added a group of tobacco brand names to two federal rules so those products can be exported without special export markings and without having to pay a refundable “special duty” up front. The changes amend the Regulations Relieving Special Duty on Certain Tobacco Products and the Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes and took effect on November 9, 2023.

What it does#

  • Adds 29 manufactured‑tobacco brand names to Schedule 1 of both the Regulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed Cigarettes and the Regulations Relieving Special Duty on Certain Tobacco Products. Examples named in the regulations include Bahrein, Bronco, Canadian Pride Blue, Canadian Pride Red, Costero, Derby, Director, First One, Gugu, Hobby, K‑Full Flavour Cigarettes, Link, Maxim, Maxxon, Meskwaki OG, Palms, Panama Blue, Panama Red, Rancher, Renards, Reno, Rich, Russell, Show, Tacoma, Today, Triple OG, and Vybz.
    • Note: the official regulation text contains the complete list; some supporting documents use slightly different spellings/groupings.
  • Adds 3 cigarette brand names — Rockets, Poker, and Darts — to Schedule 2 of both of those regulations.
  • These regulatory additions let manufacturers export the listed brands without the usual Canadian export markings and without permanently paying the special duty (the duty is refundable after proof of export and payment of local taxes/duties in the destination).

Who's affected#

  • Manufacturers of the listed brands — four Canadian tobacco producers applied and met the rules to have their brands added.
  • Canada Revenue Agency (CRA) — reviews and verifies applications and monitors compliance.
  • Canada Border Services Agency (CBSA) — examines export shipments as part of its work.
  • Royal Canadian Mounted Police (RCMP) — enforces laws against illegal sale/possession of tobacco domestically.
  • The general public and most consumers are unlikely to notice direct effects. The source says the changes are administrative and do not affect small businesses or Indigenous rights.

Why it matters#

  • For exporters: removing marking requirements and the upfront special duty barrier makes it simpler and cheaper for Canadian manufacturers to produce and sell certain tobacco products overseas. That can help them compete in foreign markets.
  • For government: CRA will still check exports and can deny relief or impose penalties if conditions are not met.
  • For the public: there is no change to domestic taxes or to legal protections; this is a targeted administrative change for specific brand names to support export business activity.

Key topics

Excise Act, 2001Regulations Relieving Special Duty on Certain Tobacco ProductsRegulations Respecting Prescribed Brands of Manufactured Tobacco and Prescribed CigarettesSchedule 1Schedule 2tobacco productsCanadian Pride BlueMeskwaki OGRocketsPokerDartsCanada Revenue AgencyCanada Border Services AgencyRoyal Canadian Mounted Policespecial duty

Source: Canada Gazette

Official source