Wine Content and Labelling Act, 2000, S.O. 2000, c. 26, Sched. P

Wine Content and Labelling Act, 2000

S.O. 2000, CHAPTER 26
Schedule P

Historical version for the period March 30, 2011 to June 30, 2011.

Last amendment: 2011, c. 1, Sched. 1, s. 10.

Purpose

1. The purpose of this Act is to establish minimum content and labelling standards for the manufacture of wine in Ontario. 2000, c. 26, Sched. P, s. 1.

Definitions

2. In this Act,

“grape product” means grape concentrate, grape juice, grape must or wine; (“produit du raisin”)

“wine” means an alcoholic beverage produced by the complete or partial alcoholic fermentation of fresh grapes, or of products derived solely from fresh grapes, or both; (“vin”)

“winery” means a person licensed as a manufacturer under the Liquor Licence Act or a person manufacturing wine in Ontario for the purpose of sale. (“établissement vinicole”) 2000, c. 26, Sched. P, s. 2.

Permission to keep and sell wine

3. Despite any provision of the Liquor Licence Act and the Liquor Control Act, a manufacturer licensed under the Liquor Licence Act may,

(a) keep for sale or sell wine manufactured using imported grapes or grape product to the Liquor Control Board of Ontario;

(b) keep for sale and sell wine manufactured using imported grapes or grape product under the supervision and control of the Liquor Control Board of Ontario. 2000, c. 26, Sched. P, s. 3.

Administration of Act by designated body

4. (1) The Lieutenant Governor in Council may, by regulation, designate one or more bodies for the purpose of administering this Act and the regulations made under it, or any part of them, and may make regulations,

(a) governing the designation, including prescribing the conditions that must be met before the designation is made, such as the signing of an administrative agreement between the Minister and the body; and

(b) governing the requirements that the designated body must fulfil in administering this Act and the regulations, or any part of them. 2000, c. 26, Sched. P, s. 4 (1).

Body not empowered to make regulations

(2) The fact that responsibility for the administration of all or part of this Act and the regulations has been transferred to a designated body does not empower it to make regulations under this Act. 2000, c. 26, Sched. P, s. 4 (2).

Fees

(3) A designated body may set and collect fees, costs or other charges for the purpose of recovering costs associated with the administration of this Act and the regulations. 2000, c. 26, Sched. P, s. 4 (3).

Use of money collected

(4) Money collected by a designated body in carrying out the administration of this Act and the regulations is not public money within the meaning of the Financial Administration Act unless the designated body is the Crown or a Crown agency. 2000, c. 26, Sched. P, s. 4 (4).

Regulations

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

(a) defining “grape must” for the purposes of this Act and the regulations;

(b) prescribing conditions under which wineries may use imported grapes or grape product in the manufacture of wine;

(c) prescribing documents and information that wineries must submit to a designated body and requiring wineries to submit them to the body within prescribed time periods, and prescribing those periods;

(d) prescribing classes of wine and the standards to be met by wines of each class;

(e) prescribing requirements and standards relating to the content of wine;

(f) prescribing requirements and standards relating to the labelling of wine. 2000, c. 26, Sched. P, s. 5 (1).

Same

(2) A regulation made under subsection (1) may be of general or particular application. 2000, c. 26, Sched. P, s. 5 (2).

Offences

6. (1) Every person who knowingly furnishes false information in any document or return submitted under the regulations made under this Act is guilty of an offence. 2000, c. 26, Sched. P, s. 6 (1).

Same

(2) Every director or officer of a corporation that submitted false information under the regulations made under this Act who knew that false information was provided and permitted that information to be submitted is guilty of an offence. 2000, c. 26, Sched. P, s. 6 (2).

Limitation

(3) No proceeding shall be commenced under subsection (1) or (2) more than two years after the facts on which the proceeding is based first came to the knowledge of the designated body. 2000, c. 26, Sched. P, s. 6 (3).

Fine, individual

(4) Every individual who is convicted of an offence under this section is liable to a maximum fine of $10,000. 2000, c. 26, Sched. P, s. 6 (4).

Fine, corporation

(5) Every corporation that is convicted of an offence under this section is liable to a maximum fine of $25,000. 2000, c. 26, Sched. P, s. 6 (5).

Licence suspension or revocation

(6) The Alcohol and Gaming Commission of Ontario may suspend or revoke a licence to sell or deliver liquor issued under the Liquor Licence Act where there is a conviction for an offence committed under this section. 2000, c. 26, Sched. P, s. 6 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed and the following substituted:

Licence suspension or revocation

(6) The Registrar of Alcohol and Gaming may propose to suspend or revoke a licence to sell or deliver liquor issued under the Liquor Licence Act if there is a conviction for an offence committed under this section. 2011, c. 1, Sched. 1, s. 10.

See: 2011, c. 1, Sched. 1, ss. 10, 11 (2).

7. Omitted (amends or repeals other Acts). 2000, c. 26, Sched. P, s. 7.

8. Omitted (provides for coming into force of provisions of this Act). 2000, c. 26, Sched. P, s. 8.

9. Omitted (enacts short title of this Act). 2000, c. 26, Sched. P, s. 9.

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