Bill 85, Vintners Quality Alliance Act, 1998

Tsubouchi, Hon. David H. Minister of Consumer and Commercial Relations

Versions

B085_E

Bill 85 1998

An Act to provide for the designation of a wine authority to establish an appellation of origin for Vintners Quality Alliance wine and to administer that system

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The purpose of this Act is to establish and maintain an appellation of origin system for Vintners Quality Alliance wine that will allow consumers to identify such wines on the basis of the areas where the grapes are grown and the methods used in making the wine.

Definitions

2. In this Act,

government store" means a store established or authorized under the Liquor Control Act for the sale of liquor; ("magasin du gouvernement")

liquor" means spirits, wine and beer or any combination of them and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter; ("alcool")

manufacturer" means a person who produces liquor for sale; ("fabricant")

Minister" means the member of the Executive Council designated by the Lieutenant Governor in Council; ("ministre")

regulations" means the regulations made under this Act but not a rule deemed to be a regulation under section 5; ("règlements")

tribunal" means the tribunal designated in the regulations; ("tribunal")

Vintners Quality Alliance wine" (VQA wine) means wine,

(a) that is produced in Ontario from grapes that have been grown in Ontario or from grape juice or grape must produced from such grapes, and

(b) that meets the standards of the wine authority ("vin de la Vintners Quality Alliance"); "

wine authority" means a not-for-profit corporation without share capital incorporated under the laws of Ontario or Canada that operates in Ontario. ("office des vins")

Designation of wine authority

3. (1) The Lieutenant Governor in Council may, by regulation, designate a wine authority for the purposes of administering this Act and the regulations.

No designation without agreement

(2) A wine authority shall not be designated until the Minister and the wine authority have entered into an agreement with respect to the administration of this Act and the regulations.

Administration of Act and regulations

(3) The wine authority designated under subsection (1) shall administer this Act and the regulations in accordance with law and the agreement, having regard to the purpose of this Act.

Authority not empowered to make regulations

(4) The fact that responsibility for the administration of this Act and the regulations has been transferred to the wine authority does not empower it to make regulations under this Act.

Revocation of designation

4. (1) After having given the notice that the Lieutenant Governor in Council considers reasonable in the circumstances, the Lieutenant Governor in Council may, by regulation, revoke the designation of a wine authority if,

(a) the wine authority has failed to comply with this Act or the agreement referred to in subsection 3 (2); or

(b) the Lieutenant Governor in Council considers it advisable to do so in the public interest.

Non-application of Act

(2) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of the power to revoke a designation.

Rules of wine authority

5. (1) The designated wine authority may make rules,

(a) establishing and defining terms, descriptions and designations to appear on labels of Vintners Quality Alliance wines, including varietal labelling, vintage dating, viticultural areas, geographic indications and vineyard and estate-bottled declarations;

(b) setting quality standards and other requirements that must be met before the terms, descriptions and designations may be used by a manufacturer;

(d) governing applications for approval and issuance of approvals for the use of the terms, descriptions and designations; and

(e) requiring manufacturers applying to use or using the terms, descriptions and designations to furnish the wine authority with such returns, information and other things respecting the manufacture and sale of wine as are specified under clause 11 (1) (c).

Ministerial approval required

(2) A rule made under clause (1) (a), (b) or (c) is subject to the Minister's approval.

Rules deemed regulations

(3) A rule made under clause (1) (a), (b) or (c) shall be deemed to be a regulation to which the Regulations Act applies.

Other powers

(4) The designated wine authority may,

(a) establish forms related to the administration of this Act and the regulations;

(b) set and collect fees, costs or other charges related to the administration of this Act and the regulations if it does so in accordance with the process and criteria that it establishes and that the Minister approves.

Use of money collected

(5) Money collected by the wine authority in carrying out the administration of this Act and the regulations is not public money within the meaning of the Financial Administration Act and may be used by it to carry out activities in accordance with its objects or any other purpose reasonably related to its objects.

Agreements

(6) The wine authority may enter into an agreement with any person or entity for carrying out the purposes of this Act.

Use of terms, descriptions, etc., prohibited

6. (1) A manufacturer shall not use the terms, descriptions and designations established by the wine authority without its approval.

Application for approval

(2) A manufacturer may only apply to the wine authority for an approval to use the terms, descriptions and designations if the manufacturer is a member of the wine authority.

Approval

(3) A manufacturer who applies for an approval to use the terms, descriptions and designations is entitled to the approval if the manufacturer is otherwise in compliance with the wine authority's rules, including those establishing quality standards and meets all other requirements for an approval.

Refusal to grant approval, revocation

(4) If the wine authority refuses to grant an approval or suspends, revokes or refuses to renew an approval, the manufacturer may require that the tribunal hold a hearing on the matter in accordance with the regulations.

No government store sales without approval

(5) If, without an approval, a manufacturer uses the terms, descriptions or designations in connection with liquor produced by the manufacturer, a government store shall not sell such liquor.

Inspections and inspectors

7. (1) For the purpose of ensuring compliance with this Act, the regulations and the rules, the wine authority may appoint persons as inspectors to carry out inspections of the premises of manufacturers that have applied to use the terms, descriptions and designations established in the rules or that have received approval to use them.

Power of entry, etc.

(2) An inspector may,

(a) enter any place at any reasonable time;

(b) request the production for inspection of documents or things that may be relevant to the inspection;

(c) inspect and, upon giving a receipt therefor, remove, for the purpose of making copies or extracts, documents or things relevant to the inspection;

(d) conduct such tests as are reasonably necessary; and

(e) remove samples of wine, grape juice or grape must for examination or test purposes subject to the manufacturer or occupant of the premises being notified of the removal.

Warrant

(3) A justice of the peace may issue a warrant authorizing the person named in the warrant,

(a) to do anything set out in subsection (2); or

(b) to search for and seize any document or thing relevant to the inspection.

Grounds for warrant

(4) A warrant may be issued if the justice of the peace is satisfied on information under oath that,

(a) in case of a warrant to be issued under clause (3) (a),

(i) the inspector has been prevented from doing anything permitted under subsection (2),

(ii) there are reasonable grounds to believe that the inspector may be prevented from doing any of those things,

(iii) there are reasonable grounds to believe that there has been or is likely to be a contravention of this Act or the regulations; or

(b) in the case of a warrant to be issued under clause (3) (b), it is necessary to search for and seize a document or thing that there are reasonable grounds to believe will afford evidence relevant to a contravention of this Act or the regulations.

Times of validity of warrant

(5) A warrant issued under this section shall specify the hours and days during which it may be executed.

Expiry of warrant

(6) Unless renewed, the warrant expires not later than 30 days after the date on which it is issued.

Time for issuing or renewing warrant

(7) A warrant under this section may be issued or renewed before or after expiry upon application without notice.

Renewal

(8) A warrant under this section may be renewed for any reason for which it may be issued.

Assistance

(9) A person carrying out an inspection is entitled to call upon such experts as are necessary to assist him or her in carrying it out.

Police assistance

(10) A person acting under the authority of a warrant issued under this section may call on police officers to assist him or her, and the police officers may use such force as is necessary in the execution of the warrant.

Return of material taken

(11) A person who, for the purpose of an inspection, takes material in order to copy it shall do so with reasonable dispatch and return the material promptly.

Evidence

(12) Copies of, or extracts from, documents and things removed and certified as being true copies of, or extracts from, the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or extracts.

Obstruction

8. No person shall obstruct an inspector carrying out an inspection or withhold, destroy, conceal or refuse to provide any relevant information or thing required for the purpose of the inspection.

Compliance order

9. (1) If an inspector finds that any provision of this Act, the regulations or the rules is being contravened, he or she may give to the person whom he or she believes to be the contravener an order in writing directing compliance and may require the order to be carried out forthwith or within such time as he or she specifies.

Same

(2) An order under subsection (1) shall contain sufficient information to specify the nature of the contravention.

Hearing

(3) A person to whom a compliance order is directed under this section may require that the tribunal hold a hearing on the matter in accordance with the regulations.

Offence

10. A person who contravenes or fails to comply with any provision of this Act, the regulations or the rules is guilty of an offence and on conviction is liable to a fine of not more than $100,000.

Regulations

11. (1) The Lieutenant Governor in Council may make regulations,

(a) providing for the refusal of an application to use the terms, descriptions and designations and for the suspension, revocation or refusal to renew such an approval;

(b) providing for proceedings under this Act, including hearings, the designation of a tribunal for such hearings, appeals and the right of the designated wine authority to recover from the parties to the proceedings the costs and expenses that it incurs in respect of the proceedings;

(c) specifying the returns, information and other things respecting the manufacture and sale of wine that manufacturers must furnish to the wine authority; or

(d) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act.

Application

(2) A regulation may be general or particular in its application.

Commencement

12. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

13. The short title of this Act is the Vintners Quality Alliance Act, 1998.

EXPLANATORY NOTE

The purpose of the Bill is to provide for an appellation of origin system for Vintners Quality Alliance wine. A wine authority designated by Lieutenant Governor in Council may establish terms, designations and descriptions, including varietal labelling, vintage dating, viticultural areas, geographic indications and vineyard and estate-bottled declarations, to appear on labels of such wine. Manufacturers may use these expressions in connection with their wines if they obtain an approval from the wine authority.

The wine authority is to be responsible for the administration of the proposed Act and the regulations made under it, in accordance with an agreement to be signed between the authority and the Minister. Section 7 of the Act provides for the appointment by the wine authority of inspectors to ensure compliance with the proposed statute and regulations. Procedures relating to applications for approvals to use the terms, designations and descriptions, the suspension, revocation and refusal to renew them as well as proceedings relating to these measures are to be dealt with in the regulations.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.