Vintners Quality Alliance Act, 1998 Tsubouchi, Hon. David H. Minister of Consumer and Commercial Relations — Bill 85 (36th Parliament, 2nd Session)

Bill 85, 36-2

Ontario — Bills

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Bill 85, Vintners Quality Alliance Act, 1998

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

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[36] Bill 85 Original (PDF)

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

(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

(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

(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;

(

c) establishing conditions respecting the use of the terms, descriptions

and designations;

(

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

(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

(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

(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

(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 res

Document details

Collection	Ontario — Bills
Citation	Bill 85, 36-2
Type	bill
Volume / chapter	p36 s2 bill 85 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5c2fc9d3bd35fb9734166b25aacd44dbb7caca7b

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