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Canadian Premiers Announce ‘Landmark’ DTC Agreement

As part of the Premiers’ meeting in PEI, the Premiers of 9 Provinces announced a ‘landmark’ DTC agreement today that may possibly assist with the removal of barriers to the interprovincial sale and shipment of wine across provincial borders. But it may not help at all … and it’s still not clear if or when any actual substantive progress will be made.

The text of the agreement is located here: Operating Agreement on Direct to Consumer Sale of Alcoholic Beverages.

The substance of the agreement indicates that the Provinces (AB, BC, SK, MB, ON, NB, PEI, NS, NL) commit to establishing DTC systems for sale from manufacturers to consumers in another province … but may require licenses or permits … or registrations or authorizations … and may also require the collection of taxes/fees and liquor markups. The devil will be in the details on these issues … if the administration is too complicated or if the fees are too high, then the systems may not work for wineries or consumers.

Unfortunately, there appears to be no universal system … and no blanket permissibility for DTC without the above mentioned potential caveats. As a result, it remains difficult, if not impossible, to judge whether this agreement will produce a resolution to the problems for wineries or even as to whether this constitutes any progress at all.

Notably, the agreement ONLY applies to direct to consumer sales by manufacturers … so it does not resolve or address any of the issues related to inter-provincial sale by retailers or to businesses. In addition, it does not apply to products that are bottled in another province but not manufactured there (e.g. imported wine bottled in another province).

The Schedule appears to provide limited additional information as some Provinces are indicating that they will not require DTC authorizations (MB, NB) while all the others indicate that they will require some type of authorization.

I also note that there appear to be no deadlines or even target dates for the implementation of these systems … and the agreement specifically states that it is not legally binding and creates no enforceable legal rights at all.

As noted above, there appears to be positive intent (spin?) here … but insufficient detail to judge whether or not this will amount to any meaningful change.

An analogy might be this … suppose as a university student you are assigned a term paper in first year English that’s worth 100% of your grade. You make various excuses and never hand it in … the patient professor waits 4 years without receiving it. It’s now your graduation day … and instead of handing it in, you tell them that you have just finished an outline of things that you might want to write about. And then you announce that you still want to graduate.

That’s what just happened here. The Premiers are still kicking the can down the road. After waiting decades for this, wineries and wine consumers deserve more substance and actual measurable progress.

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Unaccountability & Canadian Liquor Policy

In the excellent recent book, the Unaccountabillity Machine, the economist Dan Davies argues that large institutions (including government) often produce disastrous systemic results that no one intends (including the institutional participants). Within these institutions, decisions are often dictated by strict policy (often outdated or inappropriate), leaving front line workers to act as human shields … absorbing negative feedback from those affected while the policies remain unchanged … and no one is accountable for the results.

Current Canadian liquor policy is a prime example of this problem. A basket of inappropriate policies are now wreaking havoc on the Canadian wine and hospitality industries … because no one has the political will to reform the outdated system that governs liquor distribution and licensing. In the words of the book, Canadian liquor policy has turned into one giant “accountability sink”.

Interprovincial alcohol shipment is the most prominent of these issues. Prohibition-era liquor control policies have created a “command and control” mentality at provincial liquor boards which prevents them from permitting consumers in one province from buying from a winery in another … something that is commonplace in the rest of the world. The federal and provincial governments have repeatedly promised to fix the problem … and repeatedly kicked the can down the road … because the provincial liquor bureaucrats tasked with fixing the problem are not able to act outside the “accountability sink” … and cannot sufficiently act “outside the box” to implement a policy that works everywhere else in the world. This happened yet again last week when the relevant Ministers “recommitted” yet again to work on the problem. Again, big promises … with no solution and little accountability.

Unfortunately, the “accountability sink” extends to many other aspects of federal and provincial liquor policy. For example, in BC, we have ludicrous historic distribution policies that require the use of a government distribution warehouse for all imported wine … even if the bottles are destined for a private store, restaurant or bar. It’s an environmentally unsound and costly requirement that makes no sense … but it is difficult to change because no one at the political level is willing to over-ride the vested interests of a tiny group of warehouse workers.

Similarly, we have outdated percentage-based liquor markup policies that create impractically high end-consumer prices both at retail and in hospitality establishments. The alternative would be to switch to a volume-based system as Alberta did back in the 1990s. Such a change would reinvigorate the entire industry … but is difficult to accomplish because no one is taking accountability for the issue.

While there has been some recent progress on reform (e.g. licensee to licensee sales), more significant change is needed to fix these issues properly. We need to jettison the old ways of thinking … and commit to major changes in order to encourage the industry and reap untold economic benefits. Perhaps if we determine to eliminate the “accountability sinks”, we can get some even more substantive change? In the interim, Happy Canada Day!