Law:Importation of Intoxicating Liquors Act

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R.s.c., 1985, c. I-3

An Act respecting interprovincial and international traffic in intoxicating liquors

Short title

1. This Act may be cited as the Importation of Intoxicating Liquors Act.

R.S., c. I-4, s. 1.

Definitions

2. In this Act,

“beer”

« bière »

 “beer” has the same meaning as in section 4 of theExcise Act;

“bulk”

« en vrac »

 “bulk” has the same meaning as in section 2 of theExcise Act, 2001;

“Chile”

« Chili »

“Chile” has the same meaning as in subsection 2(1) of theCustoms Tariff;

“Costa Rica”

« Costa Rica »

“Costa Rica” has the same meaning as in subsection 2(1) of theCustoms Tariff;

“denature”

« dénaturation »

 “denature” has the same meaning as in section 2 of theExcise Act, 2001;

“excise warehouse”

« entrepôt d'accise »

 “excise warehouse” has the same meaning as in section 2 of theExcise Act, 2001;

“intoxicating liquor”

« boisson enivrante »

“intoxicating liquor” means any liquor that is, by the law of the province for the time being in force, deemed to be intoxicating liquor and that it is unlawful to sell or have in possession without a permit or other authority of the government of the province or any board, commission, officer or other governmental agency authorized to issue the permit or grant the authority;

“licensed distiller”

« distillateur agréé »

 “licensed distiller” means a person who holds a spirits licence under section 14 of theExcise Act, 2001;

“NAFTA country”

« pays ALÉNA »

“NAFTA country” has the meaning assigned to the expression“NAFTA country” by subsection 2(1) of theNorth American Free Trade Agreement Implementation Act;

“packaged”

« emballé »

 “packaged” has the same meaning as in section 2 of the Excise Act, 2001;

“province”

« province »

“province” means any province other than Yukon in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province;

“spirits”

« spiritueux »

“spirits” has the same meaning as in section 2 of the Excise Act, 2001;

“wine”

« vin »

 “wine” has the same meaning as in section 2 of the Excise Act, 2001.

R.S., 1985, c. I-3, s. 2; 1993, c. 44, s. 159; 1997, c. 14, s. 80; 2001, c. 28, s. 52; 2002, c. 7, s. 182, c. 22, s. 394.

Previous VersionProhibitions

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.

Suspension of paragraph (2)(f)

(1.1) The operation of paragraph (2)(f) is suspended during the period in which paragraph (2)(c) is in force.

Exceptions

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

(a) the carriage or transportation of intoxicating liquor into and through a province by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being so carried or transported, its container is not opened or broken or any of the liquor drunk or used;

(b) the importation of intoxicating liquor into a province by any person who is a licensed distiller or who is duly licensed by the Government of Canada to carry on the business or trade of a brewer if the liquor

(i) is imported solely for the purpose of being used for blending with or flavouring the products of the business or trade of a distiller or brewer carried on by the person in the province, and

(ii) is kept while in the province

(A) in the case of spirits or wine, in accordance with the Excise Act, 2001 and the laws of the province, and

(B) in the case of beer, by the person in a place or warehouse that conforms in all respects to the requirements of the law governing those places or warehouses;

(b.01)  (Repealed, 2002, c. 22, s. 395)

(b.02)  (Repealed, 2002, c. 22, s. 395)

(b.03)  (Repealed, 2002, c. 22, s. 395)

(b.1)  (Repealed, 2002, c. 22, s. 395)

(c) the importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

(i) are entitled to the United States Tariff, the Mexico Tariff or the Mexico—United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

(d)  the importation of bulk spirits into a province from Chile by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

(i) are entitled to the benefit of the Chile Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

(e)  the importation of bulk spirits into a province from Costa Rica by a licensed distiller for the purpose of being packaged by the distiller, ifhe spirits

(i) are entitled to the benefit of the Costa Rica Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

(f)  the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

(i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and

(g)  the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Revenue Agency, if the spirits

(i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and

(ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept.

(3)�(Repealed, 2002, c. 22, s. 411)

R.S., 1985, c. I-3, s. 3; 1988, c. 65, s. 132; 1993, c. 44, s. 160; 1997, c. 14, s. 81, c. 36, s. 211; 1999, c. 17, s. 163; 2001, c. 28, s. 53; 2002, c. 22, ss. 395, 411; 2004, c. 16, s. 9; 2005, c. 38, s. 138.

Previous VersionBurden of proof

4. The burden of proving the right to import, send, take or transport, or to cause to be imported, sent, taken or transported, any intoxicating liquor into any province is on the person accused.

R.S., c. I-4, s. 4.

Punishment

5. Every person who contravenes any of the provisions of this Act is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine not exceeding two hundred dollars, and in default of payment to imprisonment for any term not exceeding three months;

(b) for a second offence, to a fine of not less than two hundred dollars and not more than one thousand dollars, and in default of payment to imprisonment for any term not less than three months and not more than six months; and

(c) for each subsequent offence, to imprisonment for any term not less than six months and not more than twelve months.

R.S., c. I-4, s. 5.

Prosecution in place where liquor imported

6. A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place to, from or into which any intoxicating liquor is unlawfully imported, sent, taken or transported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province.

R.S., c. I-4, s. 6.

Search warrants

7. (1) If it is proved on oath before a recorder, two justices of the peace or a provincial court judge or, in the Province of Quebec, a judge of the Court of Quebec, that there are reasonable grounds to suspect that any intoxicating liquor is in any premises or place and that the intoxicating liquor is or has been dealt with contrary to this Act, that officer may grant a warrant to search the premises or place, including any Government railway, vehicle or steamship, for the intoxicating liquor, and, if the intoxicating liquor or any part thereof is found in the premises or place, to seize and bring it before him.

Forfeiture

(2) Where any person is convicted of any offence against this Act, the officer or officers so convicting may adjudge and order, in addition to any other penalty, that the intoxicating liquor in respect of which the offence was committed and that has been seized under a search warrant granted under subsection (1), and all kegs, barrels, cases, boxes, bottles, packages and other receptacles of any kind whatever found containing the intoxicating liquor, be forfeited and destroyed, and the order shall thereupon be carried out by the constable or peace officer who executed the search warrant or by such other person as may be authorized to do so by the officer or officers who have made the conviction.

R.S., 1985, c. I-3, s. 7; R.S., 1985, c. 40 (4th Supp.), s. 2.

Sacramental, medicinal and other purposes exempted

8. Nothing in this Act shall be deemed to forbid the importing, sending, taking or transporting, or causing to be imported, sent, taken or transported, into any province from or out of any place within or outside Canada of intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use thereof as a beverage.

R.S., c. I-4, s. 8.


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