Vintners Quality Alliance Act, 1999
Loi de 1999 sur la société appelée vintners
ONTARIO REGULATION 405/00
GENERAL
Consolidation Period: From July 1, 2015 to the e-Laws currency date.
Last amendment: 172/15.
Legislative History: 149/11, 172/15.
This Regulation is made in English only.
Returns and Information
1. In this Regulation,
“grape must” means liquid obtained by crushing fresh grapes that has an alcoholic strength by volume of not more than 0.5 per cent at 20°C;
“juice” means a non-alcoholic beverage obtained from fresh grapes or grape must that is used as the fermentable grape product in wine making;
“wine” means an alcoholic beverage,
(a) that is produced by the complete or partial alcoholic fermentation of fresh grapes, juice or grape must and that does not include grape concentrate, and
(b) for which a manufacturer is seeking or has obtained an approval from the wine authority;
“wine authority” means Vintners Quality Alliance Ontario. O. Reg. 405/00, s. 1.
2. (1) Except for a transfer, by sale or otherwise, of wine under section 4, every manufacturer of wine shall maintain, and make available to the wine authority within five business days of a request to audit, the following documentation for each grape purchase made through the Grape Growers of Ontario:
1. Weigh slips for the grape purchase that meet the requirements of the Weights and Measures Act (Canada) and a Grape Growers of Ontario weight ticket.
2. The results of a brix reading performed by an employee or agent of the wine authority. O. Reg. 405/00, s. 2 (1); O. Reg. 149/11, s. 1.
(2) In this section,
“brix” means the quantity of dissolved solids expressed as grams of sucrose in 100 grams of solution at 20°C;
“grape purchase” means a sale, transfer or similar transaction in which a manufacturer of wine obtains grapes. O. Reg. 405/00, s. 2 (2).
3. (1) Every manufacturer of wine shall maintain, and make available to the wine authority within five business days of a request to audit, the following information for all wines made by the manufacturer:
1. The varieties and volumes of wine stipulated by individual tank.
2. An identification of the origin of the grapes, including a legal description of the location of the vineyard or vineyards where the grapes were grown.
3. The quantities of wines intended to bear a vineyard designation and their identification throughout the winemaking process.
4. The quantities of wines intended to bear the estate bottled designation and their identification throughout the winemaking process.
5. The quantities of wines intended to bear a provincial designation and their identification throughout the winemaking process.
6. The quantities of wines intended to bear a viticultural area designation and their identification throughout the winemaking process.
7. The quantities of each category of wine and their identification throughout the winemaking process.
8. Tank records and racking orders for all wines that set out a complete processing record up to and including the bottling stage.
9. All information respecting sales of wines for which approvals have been issued. O. Reg. 405/00, s. 3 (1).
(2) If a manufacturer does not use racking orders, a day book that indicates the quantities of wine processed and bottled may be submitted instead of the tank records and racking orders referred to in paragraph 8 of subsection (1). O. Reg. 405/00, s. 3 (2).
4. (1) A manufacturer of wine who receives a transfer, by sale or otherwise, of wine, juice or grape must and intends to use it in the production of VQA wine shall ensure that the transfer is accompanied by a Letter of Audited VQA Origin and Production Standards. O. Reg. 405/00, s. 4 (1).
(2) The letter referred to in subsection (1) shall provide the geographical indication for the wine, juice or grape must and bear the signature of a wine authority auditor certifying that the wine, juice or grape must is in compliance with Ontario Regulation 406/00 (Rules of Vintners Quality Alliance Ontario Relating to Terms for VQA Wine). O. Reg. 405/00, s. 4 (2).
(3) The manufacturer shall notify the wine authority of the transfer forthwith on receiving it and provide the wine authority auditor who audits the wine made by the manufacturer with the letter at the time of the audit. O. Reg. 405/00, s. 4 (3).
(4) In this section,
“geographical indication” means an indication that identifies a wine as originating from the Province of Ontario or a viticultural area in Ontario. O. Reg. 405/00, s. 4 (4).
5. (1) Every manufacturer of wine shall, for grapes that are to be harvested after November 15 in a harvest year and that are intended for the production of late harvested wine, complete a Late Harvested Wine Production Monitoring Form provided by the wine authority. O. Reg. 405/00, s. 5 (1).
(2) In this section,
“late harvested wine” means wine that is produced entirely from fresh ripe grapes of which a portion has been desiccated under natural conditions on the vine in a manner that favours the concentration of sugars in the berries. O. Reg. 405/00, s. 5 (2).
Refusal to Issue an Approval, Suspensions and Revocations of Approvals
6. (1) The wine authority may refuse to issue an approval to a manufacturer for the use of terms, descriptions and designations set out in Ontario Regulation 406/00 (Rules of Vintners Quality Alliance Ontario Relating to Terms for VQA Wine) for a wine if,
(a) there is evidence that the wine has been misrepresented at any time;
(b) the wine fails to successfully pass the processes described in the rules made pursuant to clause 5 (1) (d) of the Act. O. Reg. 405/00, s. 6 (1).
(2) The wine authority may refuse to issue an approval to a manufacturer for the use of the terms, descriptions and designations set out in Ontario Regulation 406/00 (Rules of Vintners Quality Alliance Ontario Relating to Terms for VQA Wine) for wine produced from wine, juice or grape must intended to be used in the production of a VQA wine if the wine, juice or grape must has been transferred to the manufacturer and the Letter of Audited VQA Origin and Production Standards referred to in subsection 4 (1) is not available or the Letter indicates that the wine is not in compliance with the requirements of Ontario Regulation 406/00. O. Reg. 405/00, s. 6 (2).
7. (1) The wine authority may suspend or revoke an approval for a wine if,
(a) the quality assurance review or the audit required under the rules made pursuant to clause 5 (1) (d) of the Act indicate that the wine does not meet the requirements of Ontario Regulation 406/00 (Rules of Vintners Quality Alliance Ontario Relating to Terms for VQA Wine);
(b) any label, capsule or sticker on a bottle of wine is not in compliance with the requirements of Ontario Regulation 406/00 (Rules of Vintners Quality Alliance Ontario Relating to Terms for VQA Wine);
(c) the wine has been altered subsequent to the approval being issued; or
(d) the manufacturer to whom the approval has been issued ceases to be a member of the wine authority. O. Reg. 405/00, s. 7 (1); O. Reg. 172/15, s. 1.
(2) The wine authority may reinstate an approval for a wine where it has been suspended or revoked under clause (1) (a) or (b),
(a) in the case of a suspension or revocation under clause (1) (a), if the fault is correctable or the manufacturer provides the proper information to verify the audit, and the wine is otherwise in compliance with the requirements for the approval;
(b) in the case of a suspension or revocation under clause (1) (b), if the requirements relating to the label, capsule or sticker are subsequently met and the wine is otherwise in compliance with the requirements for the approval. O. Reg. 405/00, s. 7 (2).
(3) A wine shall not be sold or offered for sale as a VQA wine if an approval for the wine has not been issued, or an approval has been suspended or revoked under this section. O. Reg. 405/00, s. 7 (3).
Proceedings
8. The Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 is designated as the tribunal for the purposes of a hearing under subsections 6 (4) and 9 (3) of the Act. O. Reg. 149/11, s. 2.
9. (1) A decision described in subsection 6 (4) of the Act that is served on a manufacturer or an order described in subsection 9 (1) of the Act that is served on a person shall inform the manufacturer or other person, as the case may be, of the right to a hearing by the tribunal and the manner and time within which to request the hearing as described in subsection (2). O. Reg. 149/11, s. 2.
(2) The manufacturer or other person, as the case may be, is entitled to a hearing by the tribunal if, within 15 days after being served, the manufacturer or other person, as the case may be, serves a written notice requesting a hearing on the wine authority and the tribunal. O. Reg. 149/11, s. 2.
(3) If the manufacturer or other person does not request a hearing, the wine authority’s decision under subsection 6 (4) of the Act or its order under subsection 9 (1) of the Act is final. O. Reg. 149/11, s. 2.
(4) The manufacturer or other person who requests a hearing, the wine authority and the other persons that the panel specifies are parties to the hearing. O. Reg. 149/11, s. 2.
(5) A decision under subsection 6 (4) of the Act or an order under subsection 9 (1) of the Act takes effect immediately unless it provides otherwise, but if a hearing is requested, the tribunal may grant a stay of the decision or order until the tribunal has made an order or direction in accordance with subsection 10 (1) of this Regulation. O. Reg. 149/11, s. 2.
10. (1) Following a hearing, the tribunal may,
(a) by order dismiss or confirm, in whole or in part, and with any changes that the tribunal considers appropriate, a refusal to grant an approval or a suspension, revocation or refusal to renew an approval referred to in subsection 6 (4) of the Act, or a compliance order made pursuant to subsection 9 (1) of the Act; or
(b) direct the wine authority to take the action that the tribunal considers appropriate in the circumstances. O. Reg. 405/00, s. 10 (1); O. Reg. 149/11, s. 3 (1, 2).
(2) The manufacturer or other person requiring the hearing shall reimburse the wine authority the total amount of its costs and expenses incurred in respect of the hearing,
(a) except where the tribunal dismisses, in whole, a refusal to grant an approval or a suspension, revocation or refusal to renew an approval referred to in subsection 6 (4) of the Act or a compliance order made pursuant to subsection 9 (1) of the Act; or
(b) except where the Divisional Court orders otherwise on an appeal under section 11 of the Licence Appeal Tribunal Act, 1999. O. Reg. 405/00, s. 10 (2); O. Reg. 149/11, s. 3 (3, 4).
11. (1) If a person has requested a hearing under the Act, as it read before the day section 2 of Ontario Regulation 149/11 comes into force, but the hearing has not commenced by that day, the Licence Appeal Tribunal shall hold the hearing. O. Reg. 149/11, s. 4.
(2) If a hearing before the board of the Alcohol and Gaming Commission of Ontario has not concluded by the day section 2 of Ontario Regulation 149/11 comes into force, then despite section 8 of this Regulation, the board shall continue to hold the hearing. O. Reg. 149/11, s. 4.