Importation of Intoxicating Liquors Act

Marginal note:Prohibitions

• 3 (1) Notwithstanding any other Act or law, no person shall import, send, take or transport, or cause to be imported, sent, taken or transported, into any province from or out of any place within or outside Canada any intoxicating liquor, except such as has been purchased by or on behalf of, and that is consigned to Her Majesty or the executive government of, the province into which it is being imported, sent, taken or transported, or any board, commission, officer or other governmental agency that, by the law of the province, is vested with the right of selling intoxicating liquor.

• Marginal note:Suspension of paragraph (2)(f)

  (1.1) The operation of paragraph (2)(f) is suspended during the period in which paragraph (2)(c) is in force.

• Marginal note:Exceptions

  (2) The provisions of subsection (1) do not apply to

  • (a) the carriage or transportation of intoxicating liquor into and through a province by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being so carried or transported, its container is not opened or broken or any of the liquor drunk or used;

  • (b) the importation of intoxicating liquor into a province by any person who is a licensed distiller or who is duly licensed by the Government of Canada to carry on the business or trade of a brewer if the liquor

    • (i) is imported solely for the purpose of being used for blending with or flavouring the products of the business or trade of a distiller or brewer carried on by the person in the province, and

    • (ii) is kept while in the province

      • (A) in the case of spirits or wine, in accordance with the Excise Act, 2001 and the laws of the province, and

      • (B) in the case of beer, by the person in a place or warehouse that conforms in all respects to the requirements of the law governing those places or warehouses;

  • (b.01)  [Repealed, 2002, c. 22, s. 395]

  • (b.02)  [Repealed, 2002, c. 22, s. 395]

  • (b.03)  [Repealed, 2002, c. 22, s. 395]

  • (b.1)  [Repealed, 2002, c. 22, s. 395]

  • (c) the importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the United States Tariff, the Mexico Tariff or the Mexico—United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (d)  the importation of bulk spirits into a province from Chile by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of the Chile Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (e)  the importation of bulk spirits into a province from Costa Rica by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of the Costa Rica Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (f)  the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (f.1) the importation of bulk spirits into a province from a country listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of a tariff set out in column 2, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and

  • (g)  the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Revenue Agency, if the spirits

    • (i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and

    • (ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept; and

  • (h) the importation of wine from a province by an individual, if the individual brings the wine or causes it to be brought into another province, in quantities and as permitted by the laws of the latter province, for his or her personal consumption, and not for resale or other commercial use.

• (3) [Repealed, 2002, c. 22, s. 411]