Vintners Quality Alliance Act, 1999

Bills that amended this Act0

No published amendment links yet for this Act.

Sections30

• 1Purpose

  1 The purpose of this Act is to establish and maintain an appellation of origin system for Vintners Quality Alliance wine that will allow consumers to identify such wines on the basis of the areas where the grapes are grown and the methods used in making the wine. 1999, c. 3, s. 1.

• 1.
• 2Definitions

  2 In this Act, “investigator” means an investigator appointed under subsection 8 (1); (“enquêteur”) “liquor” means spirits, wine and beer or any combination of them and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter; (“alcool”) “manufacturer” means a person who produces liquor for sale; (“fabricant”) “Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council; (“ministre”) “regulations” means the regulations made under this Act but not a rule deemed to be a regulation under section 5; (“règlements”) “rules” means the rules made under section 5; (“règles”) “tribunal” means the tribunal designated in the regulations; (“tribunal”) “Vintners Quality Alliance wine” (VQA wine) means wine, (a) that is produced in Ontario from grapes that have been grown in Ontario or from gra…

• 2.
• 3Designation of wine authority

  3 (1) The Lieutenant Governor in Council may, by regulation, designate a wine authority for the purposes of administering this Act and the regulations. 1999, c. 3, s. 3 (1). No designation without agreement (2) A wine authority shall not be designated until the Minister and the wine authority have entered into an agreement with respect to the administration of this Act and the regulations. 1999, c. 3, s. 3 (2). Administration of Act and regulations (3) The wine authority designated under subsection (1) shall administer this Act and the regulations in accordance with law and the agreement, having regard to the purpose of this Act. 1999, c. 3, s. 3 (3). Authority not empowered to make regulations (4) The fact that responsibility for the administration of this Act and the regulations has been transferred to the wine authority does not empower it to make regulations under this Act. 1999, c. …

• 3.
• 4Revocation of designation

  4 (1) After having given the notice that the Lieutenant Governor in Council considers reasonable in the circumstances, the Lieutenant Governor in Council may, by regulation, revoke the designation of a wine authority if, (a) the wine authority has failed to comply with this Act or the agreement referred to in subsection 3 (2); or (b) the Lieutenant Governor in Council considers it advisable to do so in the public interest. 1999, c. 3, s. 4 (1). Non-application of Act (2) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of the power to revoke a designation. 1999, c. 3, s. 4 (2).

• 4.
• 5Rules of wine authority

  5 (1) The designated wine authority may make rules, (a) establishing and defining terms, descriptions and designations to appear on labels of Vintners Quality Alliance wines, including varietal labelling, vintage dating, viticultural areas, geographic indications and vineyard and estate-bottled declarations; (b) setting quality standards and other requirements that must be met before the terms, descriptions and designations may be used by a manufacturer; (c) establishing conditions respecting the use of the terms, descriptions and designations; (d) governing applications for approval and issuance of approvals for the use of the terms, descriptions and designations; and (e) requiring manufacturers applying to use or using the terms, descriptions and designations to furnish the wine authority with such returns, information and other things respecting the manufacture and sale of wine as are…

• 5.
• 6Use of terms, descriptions, etc., prohibited

  6 (1) A manufacturer shall not use the terms, descriptions and designations established by the wine authority without its approval. 1999, c. 3, s. 6 (1). Application for approval (2) A manufacturer may only apply to the wine authority for an approval to use the terms, descriptions and designations if the manufacturer is a member of the wine authority. 1999, c. 3, s. 6 (2). Approval (3) A manufacturer who applies for an approval to use the terms, descriptions and designations is entitled to the approval if the manufacturer is otherwise in compliance with the wine authority’s rules, including those establishing quality standards and meets all other requirements for an approval. 1999, c. 3, s. 6 (3). Refusal to grant approval, revocation (4) If the wine authority refuses to grant an approval or suspends, revokes or refuses to renew an approval, the manufacturer may require that the tribunal…

• 6.
• 7Inspections

  7 (1) The board of the wine authority may, in writing, appoint persons as inspectors for the purpose of conducting inspections under this section. 2010, c. 16, Sched. 5, s. 6 (2). Proof of appointment (2) Every inspector who is conducting an inspection shall, upon request, produce evidence of the authority to conduct the inspection. 2010, c. 16, Sched. 5, s. 6 (2). Purpose of inspection (3) An inspector may enter and inspect, at any reasonable time and in accordance with this section, any of the business premises of the following persons for the purpose of determining whether there is compliance with this Act, the regulations and the rules: 1. A manufacturer that has applied to use the terms, descriptions and designations established in the rules or that has received approval to use them. 2. A person who holds grapes, grape juice, grape must, wine, wine bottles or things of a manufacture…

• 7.
• 8Appointment of investigators

  8 (1) The board of the wine authority may, in writing, appoint persons as investigators for the purposes of conducting investigations. 2010, c. 16, Sched. 5, s. 6 (2). Certificate of appointment (2) The board of the wine authority shall issue to every investigator a certificate of appointment bearing its signature or a facsimile of the signature. 2010, c. 16, Sched. 5, s. 6 (2). Proof of appointment (3) Every investigator who is conducting an investigation, including under section 8.1, shall, upon request, produce the certificate of appointment as an investigator. 2010, c. 16, Sched. 5, s. 6 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 5, s. 6 (2) - 25/01/2011

• 8.
• 8.1Search warrant

  8.1 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if the justice is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act, the regulations or the rules; and (b) there is, (i) in any building, dwelling, receptacle or place any thing relating to the contravention of this Act, the regulations or the rules, or (ii) information or evidence relating to the contravention of this Act, the regulations or the rules that may be obtained through the use of any investigative technique or procedure or the doing of anything described in the warrant. 2010, c. 16, Sched. 5, s. 6 (2); 2019, c. 14, Sched. 10, s. 20 (1). Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator to, (a…

• 9.
• 10.
• 8.2Seizure of things not specified

  8.2 (1) An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act, the regulations or the rules. 2010, c. 16, Sched. 5, s. 6 (2). Copying (2) An investigator may make a copy of a document or record seized under this section and subsection 8.1 (12) applies to the copy. 2010, c. 16, Sched. 5, s. 6 (2). (3) Repealed: 2019, c. 14, Sched. 10, s. 20 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 5, s. 6 (2) - 25/01/2011 2019, c. 14, Sched. 10, s. 20 (4) - 10/12/2019

• 11.
• 8.3Search without warrant in exigent circumstances

  8.3 (1) An investigator may exercise any of the powers described in subsection 8.1 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 2010, c. 16, Sched. 5, s. 6 (2). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling. 2010, c. 16, Sched. 5, s. 6 (2). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2010, c. 16, Sched. 5, s. 6 (2). Application of s. 8.1 (4) Subsections 8.1 (5), (10), (11) and (12) apply with necessary modifications to a search under this section. 2010, c. 16, Sched. 5, s. 6 (2); 2019, c. 14, Sched. 10, s. 20 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched…

• 12.
• 8.4Report when things seized

  8.4 (1) An investigator who seizes any thing under the authority of section 8.1, 8.2 or 8.3 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 20 (6). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 8.1, 8.2 or 8.3 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 8.1, 8.2 or 8.3 of this Act. 2019, c. 14, Sched. 10, s. 20 (6). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 20 (6) - 10/12/2019

• 13.
• 9Compliance order

  9 (1) If an inspector finds that any provision of this Act, the regulations or the rules is being contravened, he or she may give to the person whom he or she believes to be the contravener an order in writing directing compliance and may require the order to be carried out forthwith or within such time as he or she specifies. 1999, c. 3, s. 9 (1). Same (2) An order under subsection (1) shall contain sufficient information to specify the nature of the contravention. 1999, c. 3, s. 9 (2). Hearing (3) A person to whom a compliance order is directed under this section may require that the tribunal hold a hearing on the matter in accordance with the regulations. 1999, c. 3, s. 9 (3).

• 10Offence

  10 A person who contravenes or fails to comply with any provision of this Act, the regulations or the rules is guilty of an offence and on conviction is liable to a fine of not more than $100,000. 1999, c. 3, s. 10.

• 11Regulations

  11 (1) The Lieutenant Governor in Council may make regulations, (a) providing for the refusal of an application to use the terms, descriptions and designations and for the suspension, revocation or refusal to renew such an approval; (b) providing for proceedings under this Act, including hearings, the designation of a tribunal for such hearings, appeals and the right of the designated wine authority to recover from the parties to the proceedings the costs and expenses that it incurs in respect of the proceedings; (b.1) if a regulation made under clause (b) changes the tribunal that holds a hearing under this Act, governing the continuation of a hearing that has not concluded by the day the change comes into force and transitional matters related to a hearing that a person has requested under subsection 9 (3) but that has not commenced by the day the change comes into force; (c) specifyin…

• 12

  12 Omitted (provides for coming into force of provisions of this Act). 1999, c. 3, s. 12.

• 13

  13 Omitted (enacts short title of this Act). 1999, c. 3, s. 13. ______________