Excise Act, 2001 (S.C. 2002, c. 22)

Assented to 2002-06-13

PART 4

ALCOHOL

General

Marginal note:Application — Importation of Intoxicating Liquors Act

 For greater certainty, the Importation of Intoxicating Liquors Act continues to apply to the importation, sending, taking and transportation of intoxicating liquor into a province.

Marginal note:Prohibition — production and packaging of spirits
  •  (1) No person shall, except in accordance with a spirits licence issued to the person, produce or package spirits.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the packaging of spirits from a marked special container by a purchaser at a bottle-your-own premises.

Marginal note:Prohibition — possession of still

 No person shall possess a still or other equipment suitable for the production of spirits with the intent of producing spirits unless the person

  • (a) is a spirits licensee; or

  • (b) has a pending application for a spirits licence.

Marginal note:Prohibition — production and packaging of wine
  •  (1) No person shall, except in accordance with a wine licence issued to the person, produce or package wine.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) the production of wine by an individual for their personal use;

    • (b) the packaging of wine referred to in paragraph (a) by an individual for their personal use; or

    • (c) the packaging of wine from a marked special container by a purchaser at a bottle-your-own premises.

Marginal note:Prohibition — sale of wine produced for personal use

 No person shall sell or put to a commercial use wine that was produced, or produced and packaged, by an individual for their personal use.

Marginal note:Wine produced by individual

 For the purposes of this Act, wine is not produced or packaged by an individual if it has been produced or packaged by a person acting on their behalf.

Marginal note:Prohibition — ferment-on-premises facility

 No person shall carry on at a ferment-on-premises facility any activity specified in a licence or registration issued under this Act other than an activity specified in a ferment-on-premises registration.

Marginal note:Application — in-transit and transhipped alcohol

 Sections 67 to 72, 74, 76, 80, 85, 88, 97 to 100 and 102 do not apply to imported alcohol or specially denatured alcohol that is, in accordance with the Customs Act, the Customs Tariff and the regulations made under those Acts,

  • (a) transported by a customs bonded carrier from a place outside Canada to another place outside Canada;

  • (b) stored in a customs bonded warehouse or sufferance warehouse for subsequent delivery to a place outside Canada; or

  • (c) transported by a customs bonded carrier

    • (i) from a place outside Canada to a customs bonded warehouse or a sufferance warehouse for subsequent delivery to a place outside Canada, or

    • (ii) from a customs bonded warehouse or a sufferance warehouse to a place outside Canada.