Bill 117 2012

An Act respecting the importation of wine and beer from other provinces

Note: This Act amends the Liquor Control Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Section 1 of the Liquor Control Act is amended by adding the following definitions:

"Agreement on Internal Trade" means the Agreement on Internal Trade signed in 1994 by the governments of Canada, the provinces of Canada, the Northwest Territories and the Yukon Territory, as amended from time to time; ("Accord sur le commerce intérieur")

"measure" has the same meaning as in Article 200 of the Agreement on Internal Trade; ("mesure")

   2.  The Act is amended by adding the following sections:

Importation of wine from another province

   7.1  (1)  An individual who is 19 years of age or older may import or cause to be imported wine into Ontario from another province if the wine is for his or her personal consumption and not for resale or other commercial use.

Board's powers do not apply

   (2)  The Board's powers under this Act do not apply to wine imported by an individual in accordance with subsection (1).

Agreement on Internal Trade

   (3)  The Government of Ontario shall encourage the governments that are parties to the Agreement on Internal Trade to implement or amend measures in each of their jurisdictions, if necessary, to allow for the free movement of wine within Canada in accordance with the requirements set out in that Agreement.

Report to Assembly

   (4)  The Minister of Finance shall table a report in the Legislative Assembly within three months after the Inter-Provincial Importation of Wine and Beer Act, 2012 receives Royal Assent, and every six months thereafter, that describes the progress the Government of Ontario has made with respect to ensuring the free movement of wine within Canada.

Definition

   (5)  In this section,

"wine" has the same meaning as in section 2 of the Excise Act, 2001 (Canada).

Importation of beer from another province

Application of section

   7.2  (1)  This section applies if the Importation of Intoxicating Liquors Act (Canada) permits an individual to import beer in accordance with subsection (2).

Importation permitted

   (2)  An individual who is 19 years of age or older may import or cause to be imported beer into Ontario from another province if the beer is for his or her personal consumption and not for resale or other commercial use.

Board's powers do not apply

   (3)  The Board's powers under this Act do not apply to beer imported by an individual in accordance with subsection (2).

Agreement on Internal Trade

   (4)  The Government of Ontario shall encourage the governments that are parties to the Agreement on Internal Trade to implement or amend measures in each of their jurisdictions, if necessary, to allow for the free movement of beer within Canada in accordance with the requirements set out in that Agreement.

Report to Assembly

   (5)  The Minister of Finance shall table a report in the Legislative Assembly within three months after the first day that this section applies, and every six months thereafter, that describes the progress the Government of Ontario has made with respect to ensuring the free movement of beer within Canada.

Definition

   (6)  In this section,

"beer" has the same meaning as in section 4 of the Excise Act (Canada).

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Inter-Provincial Importation of Wine and Beer Act, 2012.

EXPLANATORY NOTE

The Bill amends the Liquor Control Act to add a provision that permits individuals who are 19 years of age or older to import or cause to be imported wine into Ontario from another province if the wine is for their personal consumption and not for resale or other commercial use.  The Liquor Control Board of Ontario's powers do not apply to wine imported by an individual in accordance with that provision.  The Government of Ontario is required to encourage the parties to the Agreement on Internal Trade to implement or amend measures to allow for the free movement of wine within Canada.  A progress report must be tabled in the Legislative Assembly within three months after the Bill comes into force and every six months thereafter.

Similar provisions are added with respect to the importation of beer from other provinces.  Those provisions only apply if the Importation of Intoxicating Liquors Act (Canada) authorizes the inter-provincial importation of beer.