T-1706-79 
General Bearing Service Ltd. (Plaintiff) 
v. 
The Queen (Defendant) 
Trial Division, Cattanach J.—Ottawa, September 
17 and 21, 1979. 
Prerogative writs — Declaration — Sales or consumption 
tax exacted pursuant to Excise Tax Act — Plaintiff imported 
goods for resale — Refund of tax claimed but refused — 
Whether or not sales tax payable and more particularly, 
whether or not goods were taken out of bond 'for consump
tion" as that phrase is used in context of s. 27(1)(b) of Excise 
Tax Act — Excise Tax Act, R.S.C. 1970, c. E-13, ss. 27(1)(b), 
58 — Customs Act, R.S.C. 1970, c. C-40, s. 80(1). 
Plaintiff seeks a declaration that a consumption tax exacted 
pursuant to section 27(1)(b) of the Excise Tax Act by the 
Department of National Revenue was improperly exacted and 
should be refunded. Plaintiff imported iron couplings from the 
United States, took the goods out of the customs warehouse for 
resale and paid the sales or consumption tax. Plaintiff later 
claimed a refund which was refused by defendant on the 
ground that plaintiff was not a licensed wholesaler. The issue is 
whether or not the sales tax is payable when plaintiff took the 
goods out of bond from the warehouse, and more particularly, 
whether or not the plaintiff, in taking the goods out of bond for 
resale, took the goods out of bond "for consumption", as that 
phrase is used in the context of section 27(1)(b) of the Excise 
Tax Act. 
Held, the application is denied. All statutes are to be con
strued so as to give effect to the intention of the statute. When 
the main object of a statute is clear it is a very serious matter to 
reduce it to a nullity as a result of an ill expression and of 
course the intention of a statute is to be gleaned from reading it 
as a whole. Neither section 27(1)(b) of the Excise Tax Act nor 
the Excise Tax Act is to be read in isolation. The Excise Tax 
Act and the Customs Act must be taken and construed together 
as one system and explanatory of each other. Pursuant to 
section 80(1) of the Customs Act, all warehoused goods are 
imported either for exportation or home consumption. These 
two purposes are exhaustive. Plaintiff did not import the goods 
for exportation. It therefore imported them for home consump
tion and it is in that sense that the phrase "for consumption" 
must be read in section 27(1)(b) of the Excise Tax Act. "Home 
consumption" means that the goods are taken out to be used for 
the purpose for which the importer imported the goods into 
Canada. 
APPLICATION. 
COUNSEL: 
P. Dioguardi for plaintiff. 
D. Sgayias for defendant. 
SOLICITORS: 
Quain, Dioguardi, Kennedy, Watt, Barnes & 
Sammon, Ottawa, for plaintiff. 
Deputy Attorney General of Canada for 
defendant. 
The following are the reasons for judgment 
rendered in English by 
CATTANACH J.: The plaintiff by its action 
herein seeks a declaration that a consumption tax 
exacted by the Department of National Revenue 
(presided over by the Minister of National Reve
nue and his lawful deputy, the Deputy Minister of 
National Revenue for Customs and Excise, who, 
as his title indicates, is charged with the control, 
regulation, management and supervision of taxes 
imposed by the Excise Tax Act, R.S.C. 1970, c. 
E-13) from the plaintiff by virtue of section 
27(1)(b) of that Act was improperly exacted and 
should be refunded. 
Section 27(1)(b) reads: 
27. (1) There shall be imposed, levied and collected a con
sumption or sales tax of twelve per cent on the sale price of all 
goods 
(b) imported into Canada, payable by the importer or trans-
feree who takes the goods out of bond for consumption at the 
time when the goods are imported or taken out of warehouse 
for consumption; 
Prior to trial the parties agreed upon a state
ment of facts which reads: 
1. The Plaintiff is a body corporate and politic duly incorpo
rated under the laws of the Dominion of Canada. 
2. On or about December 8, 1978, the Plaintiff imported into 
Canada from the United States of America certain couplings of 
iron or steel (hereinafter referred to as "the goods in 
question"). 
3. The goods in question entered Canada in bond and were 
placed in a customs warehouse at Ottawa. 
4. The goods in question were entered at the Port of Ottawa 
under entry number 017040. A copy of the entry form is 
Schedule 1 hereto and copies of the related invoices are 
Schedule 2 hereto. 
5. On or about December 18, 1978, the Plaintiff took the goods 
in question out of the customs warehouse. 
6. On or about December 19, 1979*, the Department of Na
tional Revenue claimed and the Plaintiff paid consumption or 
* This is an error in the agreed statement of facts and should 
be 1978. 
sales tax in the amount of $63.77 as shown on Schedule 1 
hereto. 
7. The goods in question were imported and were taken out of 
the customs warehouse for the purpose of resale within Canada 
at a later date. 
8. On or about February 28, 1979, the Plaintiff claimed from 
the Department of National Revenue a refund of the sum of 
$63.77 paid as consumption or sales tax in respect of the goods 
in question. A copy of the Plaintiff's claim for refund dated 
February 28, 1979, is Schedule 3 hereto. 
9. On or about March 15, 1979, the said claim for refund was 
refused. A copy of the letter from the Refund Officer of the 
Department of National Revenue to the Plaintiff is Schedule 4 
hereto. 
I have not considered it necessary to reproduce 
the schedules annexed to the statement of agreed 
facts because they are merely documents suppor
tive of the agreed facts with the exception of 
schedule 4. However it is abundantly clear from 
paragraph 2 of the statement of claim that 
application for a refund of the tax exacted was 
made by the plaintiff and that the application was 
refused by the Department of National Revenue 
on the ground that the plaintiff was not a licensed 
wholesaler which allegations are admitted in para
graph 2 of the statement of defence even though 
no letter from an officer of the Department of 
National Revenue was written and sent to the 
plaintiff. 
In fact I would proffer the gratuitous suggestion 
that the relevant facts were settled by the plead-
ings as was the issue arising from those facts so 
that the statement of agreed facts was superfluous 
other than to set forth the facts alleged and admit
ted in the pleadings in a summary and convenient 
form. 
Neither do I think that oral testimony was 
required but I permitted it to be given because in 
the joint application for trial it was agreed be
tween the solicitors for the parties that there would 
be one witness for the plaintiff. 
That witness, the president of the corporate 
plaintiff, merely testified that the couplings 
imported by it were not put to the use by the 
plaintiff for the purposes for which the couplings 
were designed. That was the limitation placed 
upon the evidence permitted to be given in light of 
the admissions made in the pleadings. As alleged 
in the pleadings the goods in question were placed 
in the plaintiffs premises against the eventuality 
of a prospective purchaser buying a coupling for a 
use to which the purchaser had for that device. 
The issue between the parties is whether the 
consumption or sales tax imposed by the section on 
the sale price of the goods imported into Canada 
by the plaintiff is payable by the plaintiff when the 
plaintiff took the goods out of bond from the 
warehouse in which they had been placed. 
This in turn, narrows the issue still further. It is 
simply whether the plaintiff took the goods out of 
bond "for consumption". 
The matter falls for determination on the mean
ing to be ascribed to the simple phrase "for con
sumption" in the context it is used in the section. 
Counsel for the plaintiff contends that the goods 
when removed by the plaintiff were not removed 
for consumption but for resale. 
On the other hand counsel for the defendant 
contends that despite the fact that the plaintiff 
removed the goods for resale they were neverthe
less removed "for consumption" within the mean
ing that must be given to that phrase in the context 
it is used in the section. 
Statutes must be interpreted according to well 
recognized rules of interpretation but the great 
difficulty in all cases is applying rules of interpre
tation to the particular case. 
The task of construction is not an easy one and 
that task is not made less difficult when the will of 
the legislature is ill-expressed. However a court 
must, in each case, apply the admitted rules of 
interpretation to the case in hand, not deviating 
from the literal sense of the words used without 
sufficient reason, or more than is justified, yet not 
adhering slavishly to them where to do so would 
obviously defeat the intention which may be col
lected from the whole statute. 
Section 27(1)(b) clearly provides that a con
sumption or sales tax shall be imposed and collect
ed on the sale price of goods imported into 
Canada. That tax shall be paid by the importer 
(excepting in the case of a transferee which is not 
applicable on the facts in this action). 
The next question is when that tax shall be 
payable by the importer. 
I would expect that if the goods were not placed 
in bond or warehouse then the tax would be pay
able at the time of importation by the importer. 
That was not the case in this instance. 
The plaintiff imported the goods into Canada on 
December 8, 1978 but did not take actual posses
sion of them on that date. 
Paragraph 3 of the statement of agreed facts 
recites that the goods in question entered Canada 
in bond and were placed in a customs warehouse in 
Ottawa, Ontario, no doubt the port of entry. 
I am not certain from these admitted facts that 
the goods were imported into Canada for ware
house but I expect a combination to be the case. 
The goods were imported in bond for warehouse. 
Certainly they were not imported for exportation. 
The agreed statement of facts, in paragraph 5, 
states that the plaintiff took the goods "out of the 
customs warehouse" on December 18, 1978, that is 
ten days after entry. The plaintiff paid the tax 
demanded by the Department of National Reve
nue on December 19, 1978 (see paragraph 6 of the 
agreed facts). 
Therefore the plaintiff took the goods "out of 
bond" or "out of warehouse" on December 18, 
1978. I do not think it material which was the case 
or if the cases were coincidental. 
What is material is that the tax is payable by 
the importer by virtue of section 27(1)(b) at the 
time that the importer "takes the goods out of 
bond for consumption at the time when the goods 
are imported" or "taken out of warehouse for 
consumption". 
In either instance the goods to attract excise tax 
must be taken out of bond or warehouse by the 
importer "for consumption". That is the time the 
tax is payable by the importer. 
Thus the meaning of the phrase "for consump
tion" as used in the context of section 27(1)(b) is 
critical to the determination of this matter. 
Basically the contention of counsel for the plain
tiff is the very simple and straightforward one that 
the word "consumption" is not a technical word or 
a word relating to an art or science and therefore 
must be given its popular meaning. 
The etymological meaning of a word is not 
necessarily the meaning which the context requires 
and dictionaries are only to be resorted to for the 
purpose of ascertaining the uses of a word in 
popular language. 
Subject to that admonition counsel for the plain
tiff sought instruction in those books and he par
ticularly referred me to the definition of the word 
"consumption" in Webster's New World Diction
ary reading: "Econ. the using up of goods or 
services, either by consumers or in the production 
of other goods". Paramount in that dictionary 
meaning is the concept that the goods must be 
"used up" or "consumed" in the sense that they 
are used in the use for which the goods were 
intended. Thus rat poison would be used up when 
devoured by a rat. "Used up" would be the ulti
mate use of the goods. 
As counsel for the plaintiff has put it, the word
ing of section 27(1)(b) "is very clear in calling for 
a consumption of the goods before tax is payable". 
In the example I gave I do not think that conten
tion would mean when a rat ate the poison but 
rather when the person wishing an end to the rat 
laid out the poison. 
That counsel contends is the plain meaning. 
Assuming that to be so the consumer would be 
the person who purchased a coupling from the 
plaintiff (it being admitted and agreed that the 
plaintiff imported the goods for resale) and until 
that happened there would be no consumption. 
Because the section prescribes that the time the 
tax is payable is when the goods are taken out for 
consumption that time arises only when the goods 
are so used. 
Assuming this to be so it would be a practical 
impossibility for the Department to collect the tax 
at the time it is so contended that the tax is 
payable. 
Regardless of this result counsel for the plaintiff 
reiterated for me a cardinal rule of legal interpre
tation that where the language of a statute is clear 
and explicit that language must be given effect to 
whatever may be the consequences for in that case 
the words of the statute speak the intention of the 
legislature. 
But there is also the rule applicable to statutes 
that the plainest words may be controlled by a 
reference to the context, but then, as has been 
often said, you must have a context even more 
plain, or at least as plain (it comes to the same 
thing) as the word to be controlled. 
All statutes are to be construed so as to give 
effect to the intention of the statute. When the 
main object of a statute is clear it is a very serious 
matter to reduce it to a nullity as a result of an ill 
expression and of course the intention of a statute 
is to be gleaned from reading it as a whole. 
In this instance neither section 27(1)(b) of the 
Excise Tax Act nor the Excise Tax Act is to be 
read in isolation. 
Section 58 of the Excise Tax Act provides that 
where an excise tax is payable upon the importa
tion of any article into Canada the Customs Act, 
R.S.C. 1970, c. C-40, is applicable in the same 
way and to the same extent as if the excise tax 
were a customs tax. 
Thus the Excise Tax Act and the Customs Act 
must be taken and construed together as one 
system and as explanatory of each other. 
Bearing that in mind section 80(1) of the Cus
toms Act provides: 
80. (1) All warehoused goods shall be finally cleared, either 
for exportation or home consumption, within two years from 
the date of the first entry and warehousing thereof. 
All warehoused goods are imported either for 
exportation or home consumption. These two pur
poses, exportation or home consumption, are 
exhaustive. 
The plaintiff did not import the goods for expor
tation. Therefore it imported them for home con
sumption and it is in that sense that the phrase 
"for consumption" must be read in section 
27(1)(b) of the Excise Tax Act. 
When the plaintiff took the goods out of the 
customs warehouse on December 18, 1978 it took 
them out for "home consumption". 
What then does "home consumption" mean? 
In my view these words mean that the goods are 
taken out to be used for the purpose for which the 
importer imported the goods into Canada. 
If I recall a contention by counsel for the 
defendant correctly it was that the goods were 
"taken out for consumption" when introduced into 
the channels of trade. That would be so in the case 
of the plaintiff but not necessarily in the case of all 
importers. By way of example a person might 
import a quantity of novelty wares for distribution 
as Christmas gifts. This would not be introduction 
into the channels of trade and it is for that reason 
that the use must be for the purpose for which the 
importer imported the goods. That to me is a 
significant qualification which must be present. 
In this instance it is admitted that the goods 
were imported for resale and they were taken out 
for resale. 
That being so when the plaintiff took the goods 
in bond out of the customs warehouse it took them 
out "for consumption" within the meaning of that 
phrase within the context in which it is used. 
For the foregoing reasons the plaintiff's action is 
dismissed but in the circumstances peculiar to this 
action without costs to the defendant. 
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.