Excise Act (R.S.C., 1985, c. E-14)

Marginal note:Exercising any business of distilling without licence

• 158 (1) Every person who, without having a licence under this Act then in force,

  • (a) distils or rectifies any spirits, or makes or ferments any beer, wash or wort,

  • (b) assists in distilling or rectifying any spirits, or in making or fermenting any beer, wash or wort, in any unlicensed place,

  • (c) imports, makes, commences to make, sells, offers for sale or delivers any still, worm, rectifying or other apparatus suitable for the manufacture of spirits or for the rectification of spirits, or any part of the apparatus,

  • (d) completely or partially sets up or assists in setting up, prepares or partially prepares for working, any such still, worm, rectifying or other apparatus,

  • (e) has in his possession, in any place, any such still, worm, rectifying or other apparatus, or any part or parts thereof, or any beer, wash or wort suitable for the manufacture of spirits, except in cases of duly registered chemical stills as provided for in this Act, or in whose place or on whose premises those things are found,

  • (f) conceals or keeps, or allows or suffers to be concealed, or kept, in any place or premises owned or controlled by him, any such still, worm, rectifying or other apparatus, or part thereof, or any beer, wash or wort suitable for the manufacture of spirits, or

  • (g) conceals by removing, or removes, or assists in concealing by removing or otherwise, any such still, worm, rectifying or other apparatus, or part thereof, or any beer, wash or wort suitable for the manufacture of spirits,

  is guilty of an indictable offence and liable to

  • (h) a fine of not more than ten thousand dollars and not less than five hundred dollars,

  • (i) imprisonment for a term not exceeding twelve months, or

  • (j) both fine and imprisonment

  and, in default of payment of a fine imposed under paragraph (h) or (j), to imprisonment for a term not exceeding twelve months in addition to the imprisonment, if any, imposed under paragraph (i) or (j).

• Marginal note:Apparatus to be seized

  (2) All stills, worms, fermenting-tuns, rectifying or other apparatus suitable for the manufacture of spirits, or for the rectification of spirits, or parts thereof, and all beer, wash, wort or spirits that are found in the possession of any unlicensed person, or in any unlicensed place, shall be forfeited to the Crown, and shall be seized by any officer, and may either be destroyed when and where found or removed to a place of safe-keeping in the discretion of the seizing officer.

• Marginal note:Exception

  (3) Nothing in this section applies to anyone duly licensed to carry on the trade or business of a distiller or the trade or business of rectifying spirits.