Spirit Drinks Trade Act (S.C. 2005, c. 39)

Act current to 2013-05-26 and last amended on 2006-06-01. Previous Versions

Spirit Drinks Trade Act

S.C. 2005, c. 39

Assented to 2005-11-03

An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries

Preamble

WHEREAS Canada has made international commitments regarding the use of names of spirit drinks of foreign countries;

AND WHEREAS those commitments are contained in the Agreement between Canada and the European Community on trade in wines and spirit drinks, signed on September 16, 2003, and in side letters to that Agreement, in the North American Free Trade Agreement, signed on December 17, 1992, and in commitments made by Canada at the Commonwealth Heads of Government meeting in Nassau in 1985 to establish an economic and trade development program for the Commonwealth Caribbean countries and territories;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

1. This Act may be cited as the Spirit Drinks Trade Act.

Marginal note:Definitions

2. The following definitions apply in this Act.

“Minister”

« ministre »

“Minister” means the Minister of Agriculture and Agri-Food.

“sell”

« vendre »

“sell” includes offer for sale, expose for sale and have in possession for sale.

Marginal note:Prohibition

  • 3. (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections.

  • Marginal note:Exception

    (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.

  • Marginal note:Exception

    (3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996.

Marginal note:Prohibition

  • 3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections.

  • Marginal note:Exception

    (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.

Marginal note:Amendment of schedule

4. The Governor in Council may, by order, amend the schedule to implement Canada’s international trade obligations regarding the use of names of spirit drinks to sell products as spirit drinks.

Marginal note:Inspectors

  • 5. (1) The Minister may designate any persons, or classes of persons, as inspectors for the purpose of the enforcement of this Act.

  • Marginal note:Certificate to be produced

    (2) Every inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place under subsection 6(1), an inspector shall, if so requested, produce the certificate to the person in charge of that place.