WineLaw.ca

Canadian Wine Shipping Reform Becomes Law

Bill C-311, the federal wine shipping reform amendment, becomes law today at approximately 2 pm eastern time (11 am pacific). Canada will now have a limited national personal use exemption for the inter-provincial shipment of wine. The amended text of the relevant part of the Importation of Intoxicating Liquors Act now reads as follows:

3. (1) Notwithstanding any other Act or law, no person shall import, send, take or transport, or cause to be imported, sent, taken or transported, into any province from or out of any place within or outside Canada any intoxicating liquor, except such as has been purchased by or on behalf of, and that is consigned to Her Majesty or the executive government of, the province into which it is being imported, sent, taken or transported, or any board, commission, officer or other governmental agency that, by the law of the province, is vested with the right of selling intoxicating liquor.

(2) The provisions of subsection (1) do not apply to

…

(h) the importation of wine from a province by an individual, if the individual brings the wine or causes it to be brought into another province, in quantities and as permitted by the laws of the latter province, for his or her personal consumption, and not for resale or other commercial use.

As is apparent from the text, the amendment permits provincial law to affect the availability of the amendment. More information will become available on this issue in the coming weeks as analysis is completed on the effects of the relevant provincial laws. However, the current law in some provinces (such as Alberta and Manitoba) is clear that importation will be allowed in any reasonable quantity for personal use. Unfortunately, wineries and wine consumers in British Columbia are still waiting for the B.C. government to do the right thing and open this province to wine shipping. See this page for updates on this issue: Shipping Laws on Wine Within Canada.

Huge thanks go out to Dan Albas MP, Ron Cannan MP, Shirley-Ann George (of FreeMyGrapes.ca) and the Canadian Vintners Association for this historic progress.

Bill C-311 Effective June 28th, Wineries Wait for BC to Act

Bill C-311, the wine shipping law reform amendment, will become law tomorrow, June 28th at approximately 2 pm eastern time when it will receive royal assent from the Governor General. In the interim, the BC wine industry and BC wine consumers are still waiting to see if the BC Government will do the right thing and announce that this province is open for wine shipping: see story "Okanagan Wineries Anxiously Await Changes to Regulations".

Poll: Massive Support for Bill C-311

A new Harris/Decima poll shows massive support for Bill C-311. The poll says that 8 out of 10 Canadians want inter-provincial wine barriers removed and want to be able to use e-commerce to purchase wine from other provinces. Hopefully, the provinces are listening to their voters and will embrace the spirit of Bill C-311 once it becomes law next week.

Bill C311 Update

Here is the latest on issues related to Bill C-311 (the inter-provincial wine shipping law amendment):

• Bill C-311 was passed by the Senate on Monday evening, June 18th. Once again, the vote was unanimous ... indicating the tremendous level of support that there is for this Bill at the federal level.
  
• It is expected that Bill C-311 will obtain royal assent and become law at some point next week.
  
• A new BC regulation has appeared (apparently there were "delays" at the Queen's Printer) which relates to this matter. The new regulation creates legal authority for the "in-person" importations previously announced that were thought to be "policy" only. However, I am expecting that this regulation will be either rescinded or changed prior to Bill C-311 obtaining royal assent.