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(a) bulk alcohol unless it was produced or
imported in accordance with this Act;
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(b) packaged alcohol unless it was, in
accordance with this Act,
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(i) produced and packaged in Canada,
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(ii) imported and packaged in Canada, or
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(c) a marked special container of alcohol
unless it was marked in accordance with
this Act.
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| Availability
and sampling
of imported
DA and SDA
|
68. (1) Any person who imports a product
that is reported under the Customs Act as being
denatured alcohol or specially denatured
alcohol shall make the product available for
sampling and the product is required to be
sampled by the Minister before it is released
under that Act.
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| Testing
|
(2) The samples must be tested to verify that
the product is denatured alcohol or specially
denatured alcohol.
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| Minister may
waive
|
(3) The Minister may at any time waive the
requirement to sample an imported product
under subsection (1).
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| Fees
|
(4) The Minister may fix fees to be paid by
the importer of the product but those fees must
not exceed an amount determined by the
Minister to be the costs to Her Majesty in
respect of the sampling and testing.
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| Prohibition -
ownership of
bulk alcohol
|
69. No person shall own bulk alcohol unless
it was produced or imported in accordance
with this Act.
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| Prohibition -
possession
|
70. (1) No person shall possess bulk
alcohol.
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| Exception
|
(2) Subsection (1) does not apply
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|
(a) to a spirits licensee or a licensed user
who possesses bulk spirits that were
produced or imported by a spirits licensee;
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(b) to a wine licensee or a licensed user who
possesses bulk wine that was produced or
imported by a wine licensee;
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(c) to a licensed user who possesses bulk
alcohol that was imported by the licensed
user;
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(d) to an alcohol registrant who possesses,
for the purposes of storage or
transportation, bulk alcohol that was
produced by an alcohol licensee or
imported by an alcohol licensee or licensed
user;
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(e) to a sufferance warehouse licensee who
possesses in their sufferance warehouse
bulk alcohol that was imported by a person
permitted to do so under this Act;
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(f) to a ferment-on-premises registrant who
possesses bulk wine that was produced at
the registrant's ferment-on-premises
facility by an individual for the individual's
personal use; or
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|
(g) to an individual who possesses less than
500 L of bulk wine that was lawfully
produced at a residence or a
ferment-on-premises facility for an
individual's personal use.
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| Prohibition -
supply of
spirits
|
71. No person shall give possession of bulk
spirits to a person other than a spirits licensee,
a licensed user or an alcohol registrant.
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|
| Prohibition -
supply of
wine
|
72. (1) No person shall give possession of
bulk wine to a person other than a wine
licensee, a licensed user or an alcohol
registrant.
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| Exception
|
(2) Subsection (1) does not apply to an
individual who, in connection with their
personal use of it, gives possession of bulk
wine lawfully produced by an individual for
their personal use.
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| Restriction -
licensed user
|
73. A licensed user shall not use or dispose
of bulk alcohol other than to
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(a) use it in an approved formulation;
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(b) use it in a process in which the absolute
ethyl alcohol is destroyed to the extent
approved by the Minister;
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(c) use it to produce vinegar;
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(d) use it in accordance with section 130 or
131;
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(i) in the case of alcohol returned in
circumstances to which paragraph
105(1)(a) or 114(1)(a) applies, a licensee
referred to in that paragraph, or
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|
(ii) in any other case, the alcohol licensee
who supplied it;
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(f) subject to section 76, export it;
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|
(g) use it for analysis in a manner approved
by the Minister; or
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|
(h) destroy it in a manner approved by the
Minister.
|
|
| Importation
- bulk spirits
|
74. (1) No person shall import bulk spirits
other than a spirits licensee, a licensed user or,
if the spirits are in a special container, an
excise warehouse licensee in accordance with
section 80.
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|
| Importation
- bulk wine
|
(2) No person shall import bulk wine other
than a wine licensee, a licensed user or, if the
wine is in a special container, an excise
warehouse licensee in accordance with
section 85.
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|
| Importations
involving a
provincial
authority
|
75. If bulk alcohol is imported under
circumstances in which subsection 3(1) of the
Importation of Intoxicating Liquors Act
applies, the alcohol is deemed, for the
purposes of this Act, to have been imported by
the person who would have been the importer
in the absence of that subsection and not by
Her Majesty in right of a province or a liquor
authority.
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|
| Unauthorized
export
|
76. No person shall export bulk alcohol
other than
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|
(a) the alcohol licensee who is responsible
for the alcohol;
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|
(b) the licensed user who imported the
alcohol; or
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|
(c) a person required to do so under section
101.
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| Marked
container
deemed
packaged
|
77. If a special container of spirits is
marked, the spirits are deemed to be packaged
at the time the container is marked.
|
|
| Marking
|
78. (1) No person shall mark a special
container of spirits unless
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|
|
(a) the person is a spirits licensee; or
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|
|
(b) the container is one that has been placed
in a sufferance warehouse in accordance
with section 80 and the person marks the
container in the circumstances described in
that section.
|
|
| Container to
be
warehoused
|
(2) If a spirits licensee marks a special
container of spirits, the licensee shall
immediately enter it into an excise warehouse.
|
|
| Importation
|
79. No person, other than an excise
warehouse licensee, shall import a marked
special container of spirits.
|
|
| Marking of
imported
container
|
80. If a special container of spirits that is
imported by an excise warehouse licensee is
not marked when it is reported under the
Customs Act, it shall be placed in a sufferance
warehouse for the purpose of being marked.
|
|
| Imported
container to
be
warehoused
|
81. If a marked special container of spirits
is released under the Customs Act, the excise
warehouse licensee who imported it shall
immediately enter it into their excise
warehouse.
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|
|
|
|
|
| Marked
container
deemed
packaged
|
82. If a special container of wine is marked,
the wine is deemed to be packaged at the time
the container is marked.
|
|
| Marking
|
83. (1) No person shall mark a special
container of wine unless
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|
|
|
(a) the person is a wine licensee; or
|
|
|
|
(b) the container is one that has been placed
in a sufferance warehouse in accordance
with section 85 and the person marks the
container in the circumstances described in
that section.
|
|
| Container to
be
warehoused
|
(2) If a wine licensee marks a special
container of wine, the licensee shall
immediately enter it into an excise warehouse.
|
|
| Importation
|
84. No person, other than an excise
warehouse licensee, shall import a marked
special container of wine.
|
|
| Marking of
imported
container
|
85. If a special container of wine that is
imported by an excise warehouse licensee is
not marked when it is reported under the
Customs Act, it shall be placed in a sufferance
warehouse for the purpose of being marked.
|
|
| Imported
container to
be
warehoused
|
86. If a marked special container of wine is
released under the Customs Act, the excise
warehouse licensee who imported it shall
immediately enter it into their excise
warehouse.
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|
|
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|
|
| Information
on container
|
87. Every alcohol licensee who packages
alcohol shall cause all prescribed information
to be displayed on the container containing the
alcohol and on any packaging encasing the
container
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|
|
(a) in the case of wine that is entered into an
excise warehouse immediately after it is
packaged, before the wine is removed from
the warehouse; and
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|
|
(b) in any other case, immediately after the
alcohol is packaged.
|
|
| Prohibition -
possession
|
88. (1) No person shall possess
non-duty-paid packaged alcohol.
|
|
| Exception
|
(2) Non-duty-paid packaged alcohol, other
than alcohol in a marked special container,
|
|
|
|
(a) that is packaged by an alcohol licensee
or imported by an excise warehouse
licensee may be possessed by
|
|
|
|
(i) an excise warehouse licensee in their
excise warehouse,
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|
|
(ii) a licensed user in their specified
premises,
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|
|
(iii) a registered user for use in
accordance with their registration,
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|
|
(iv) a prescribed person who is
transporting the alcohol under prescribed
circumstances and conditions,
|
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|
|
(v) a duty free shop licensee, in their duty
free shop,
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|
|
(vi) an accredited representative, for
their personal or official use, or
|
|
|
|
(vii) a person as ships' stores, if the
acquisition and possession of the alcohol
by that person are in accordance with the
Ships' Stores Regulations;
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|
|
|
(b) that is imported may be possessed by a
sufferance warehouse licensee, in their
sufferance warehouse;
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|
|
|
(c) that is imported by a licensed user may
be possessed by
|
|
|
|
(i) the licensed user in their specified
premises, or
|
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|
|
(ii) a prescribed person who is
transporting the alcohol under prescribed
circumstances and conditions;
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|
|
(d) that is imported by an accredited
representative may be possessed by
|
|
|
|
(i) the accredited representative, for their
personal or official use, or
|
|
|
|
(ii) a prescribed person who is
transporting the alcohol under prescribed
circumstances and conditions;
|
|
|
|
(e) that is imported for sale in a duty free
shop, for sale to an accredited
representative or for use as ships' stores,
may be possessed by
|
|
|
|
(i) a customs bonded warehouse licensee,
in their customs bonded warehouse,
|
|
|
|
(ii) a duty free shop licensee, in their duty
free shop,
|
|
|
|
(iii) an accredited representative, for
their personal or official use,
|
|
|
|
(iv) a customs bonded carrier in
accordance with the Customs Act, or
|
|
|
|
(v) a person as ships' stores, if the
acquisition and possession of the alcohol
by that person are in accordance with the
Ships' Stores Regulations;
|
|
|
|
(f) that is imported for supply to an air
carrier that is licensed under section 69 or
73 of the Canada Transportation Act to
operate an international air service may be
possessed by a customs bonded warehouse
licensee, in their customs bonded
warehouse;
|
|
|
|
(g) that is imported by an individual in
accordance with the Customs Act and the
Customs Tariff for their personal use may be
possessed by an individual; and
|
|
|
|
(h) that is wine that is produced and
packaged by an individual for their personal
use may be possessed by an individual.
|
|
| Exception -
special
containers
|
(3) A non-duty-paid marked special
container of alcohol may be possessed by
|
|
|
|
(a) an excise warehouse licensee in their
excise warehouse;
|
|
|
|
(b) a prescribed person who is transporting
the alcohol under prescribed circumstances
and conditions;
|
|
|
|
(c) in the case of an imported special
container of alcohol, a sufferance
warehouse licensee in their sufferance
warehouse; or
|
|
|
|
(d) in the case of a special container of
spirits that is marked for delivery to and use
by a registered user, a registered user for use
in accordance with their registration.
|
|
| Storage
|
89. A ferment-on-premises registrant shall
not store packaged wine at their
ferment-on-premises facility.
|
|
| Restriction -
licensed user
|
90. A licensed user shall not use or dispose
of non-duty-paid packaged alcohol other than
to
|
|
|
|
(a) use it in an approved formulation;
|
|
|
|
(b) use it in a process in which the absolute
ethyl alcohol is destroyed to the extent
approved by the Minister;
|
|