Excise Act, 2001 (S.C. 2002, c. 22)

Marginal note:Prohibition — ownership of bulk alcohol

69. No person shall own bulk alcohol unless it was produced or imported in accordance with this Act.

Marginal note:Prohibition — possession

• 70. (1) No person shall possess bulk alcohol.

• Marginal note:Exception

  (2) Subsection (1) does not apply

  • (a) to a spirits licensee or a licensed user who possesses bulk spirits that were produced or imported by a spirits licensee;

  • (b) to a wine licensee or a licensed user who possesses bulk wine that was produced or imported by a wine licensee;

  • (c) to a licensed user who possesses bulk alcohol that was imported by the licensed user;

  • (c.1) in the case of bulk spirits produced for the purpose or as a consequence of the analysis of the composition of a substance containing absolute ethyl alcohol, to a person who, having produced those spirits, possesses them during the period of analysis;

  • (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;

  • (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;

  • (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

  • (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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Restriction — licensed user

73. A licensed user shall not use or dispose of bulk 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;

• (c) use it to produce vinegar;

• (d) use it in accordance with section 130, 131 or 131.1;

• (e) return it to

  • (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

  • (ii) in any other case, the alcohol licensee who supplied it;

• (f) subject to section 76, export it;

• (g) use it for analysis in a manner approved by the Minister; or

• (h) destroy it in a manner approved by the Minister.