Under the law, children were allowed 200 Cigarettes
Under the law, children were allowed 200 Cigarettes
Ottawa has instructed border officials to close a loophole that allows children to carry tobacco into Canada.
Since there no legal age restrictions on minors possessing tobacco, a reference to age was removed from the "I Declare" information pamphlet outlining personal exemptions for goods brought back from abroad about a year ago.
Border guards were advised recently by a memo from Canada Border Services Agency they have no legal right to prohibit children from using their personal exemption from paying duty on 200 Cigarettes or the equivalent when they enter the country.
"It is not the government of Canada's policy to allow children to import tobacco products into Canada," said John Brent, a spokesman for Public Safety Minister Stockwell Day.
"Minister Day has directed CBSA officials to immediately work with Health Canada officials and provincial and territorial counterparts to look at all options to address this issue, including amendments to the legislation if needed," he said.
"That's very good news," said George Scott, a spokesman for the union representing border guards. "I commend Minister Day for doing this. It's likely that he didn't know this was happening."
Scott said the change to the pamphlet was the result of a legal opinion that interprets the issue correctly because although provincial laws prohibit the sale of tobacco to minors, there is nothing banning the possession of it by those under a certain age.
"We've been doing it wrong for a long time," said Scott. "But doing it wrong was right. [Allowing children to import tobacco] is not a tasteful thing to do."
Vancouver CBSA officials declined to comment.
slazaruk@png.canWest.com