Mr. Speaker, with regard to (a), it is not anticipated that there will be any new costs in implementing this bill.
With regard to (b), the act will come into force on a day to be fixed by order of the Governor in Council. On coming into force, it will provide a new tool for federal and provincial law enforcement to lay charges under the Criminal Code for the trafficking of high volumes--10,000 cigarettes or more or 10 kg or more of raw leaf or any other tobacco product--of contraband tobacco.
On the act’s coming into force, the RCMP will implement an internal communications process to inform front-line RCMP officers of the new legislation.
With regard to (c), the act will come into force on a day to be fixed by order of the Governor in Council.
With regard to (d), the Criminal Code applies evenly across Canada. The new Criminal Code offence will provide both the RCMP and the Sureté du Québec with a new tool to address the problem of trafficking in contraband tobacco. The bill will also allow for concurrent jurisdiction, whereby the Office of the Director of Public Prosecutions and provincial attorneys general would share the authority to prosecute this new Criminal Code offence. It is not anticipated that there will be any new costs in implementing this bill.
With regard to (e), it is not anticipated that there will be any new costs in enforcing this bill.
With regard to (f), it is recognized that organized crime networks are exploiting first nation communities and the jurisdictional and political relationships between those communities, governments, and enforcement agencies.
The objective of Bill C-10 is to target organized crime groups operating in these communities and involved in the large-volume trafficking of contraband tobacco, as well as other forms of serious criminality, including trafficking in weapons and illicit drugs.
With regard to (g), Bill C-10 provides a new tool for federal and provincial law enforcement agencies to target organized crime groups involved in the contraband tobacco market.
The RCMP focuses its federal investigations on criminal networks conducting illegal operations in Canada, regardless of the illicit commodity. The outcome of potential seizures of contraband tobacco resulting from Bill C-10 is unknown.
With regard to (h), Bill C-10 establishes a new Criminal Code offence to help address the problem of trafficking in contraband tobacco. The bill is not intended to affect legitimate trade in tobacco products, but rather to target organized crime groups and their associates involved in the large-volume trafficking of contraband tobacco.
With regard to (i), 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 decision to proceed by way of summary conviction, six months, or indictment, five years, is a matter of prosecutorial discretion.
The bill also establishes mandatory minimum penalties of imprisonment of six months to two years less a day on second and subsequent convictions.