Tuesday, May 17, 2011

Contradictory information from the feds on alcohol?

A story that has received some attention recently is a BC man's attempt to draw attention to the impact the Importation of Intoxicating Liquors Act is having on small wineries in Canada. The law makes it impossible to for wineries to sell directly to out of province clients or even for those clients to purchase wine and then themselves transport it to another province.

The particularly problematic section of the law seems to be section 3. (1), which I might as well quote here in full:

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.

I read this section to mean private citizens (among others) are prohibited from transporting alcohol across the national border as well as provincial borders. This national border aspect of the prohibition is an issue that hasn't really been raised in the coverage I have seen.

I find the absence of this discussion particularly surprising because I suspect that many residents of Canada as well as visitors to Canada have brought alcohol into the country with them, and I presume most of these people had no idea they were doing anything illegal.

My guess is that many people thought that what they were doing was fine because for years Canadian customs agents have been suggesting that it is fine to bring alcohol into the country. Actually, even now the CBSA website provides guidelines regarding how much alcohol one is allowed to bring into the country. Furthermore, it has at least been my experience that when one does bring alcohol into the country customs agents aren't particularly inclined to enforce or even mention the restrictions outlined in the Importation of Intoxicating Liquors Act.

Anyway, if I am clearly missing something in my analysis please let me know otherwise I will have to remain convinced that CBSA is facilitating the the illegal importing of alcohol by private citizens and has been doing so for years.

4 comments:

Anonymous said...

Step One: Find out the definition of intoxicating liquor. Beer and/or wine may not fit the definition. Otherwise, in liquor, a certain proof content may serve as the threshold and possibly explain why Canadian liquor is a different proof than American -- I'm jus' sayin' is all.

Anonymous said...

Regarding people bringing in hooch, perhaps you should have read a bit further, as should have the winery guy:

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;

++++++++++++++++++++++++
Read it all here: http://laws-lois.justice.gc.ca/eng/acts/I-3/FullText.html

Cameron said...

I am pretty sure that standard beer and wine are both considered 'intoxicating' liquors.' This position is supported by the quotes I have read that have been attributed to to law enforcement and liquor commission types in these stories.

Another one is the following:

http://www.cbc.ca/news/canada/nova-scotia/story/2011/05/17/ns-wine-sales-law.html

Kathy said...

I guess I am guilty as charged.