Vintners Quality Alliance Act, 1999, S.O. 1999, c. 3

• Jurisdiction: Ontario

Vintners Quality Alliance Act, 1999

S.O. 1999, CHAPTER 3

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendment: 2019, c. 15, Sched. 22, s. 106.

Purpose

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.

Definitions

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 grape juice or grape must produced from such grapes, and

(b) that meets the standards of the wine authority; (“vin de la Vintners Quality Alliance”)

“wine authority” means a not-for-profit corporation without share capital incorporated under the laws of Ontario or Canada that operates in Ontario. (“office des vins”) 1999, c. 3, s. 2; 2010, c. 16, Sched. 5, s. 6 (1); 2019, c. 15, Sched. 22, s. 106.

Section Amendments with date in force (d/m/y)

2010, c. 16, Sched. 5, s. 6 (1) - 25/01/2011

2019, c. 15, Sched. 22, s. 106 - 29/11/2021

Designation 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, s. 3 (4).

Revocation 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).

Rules 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 specified under clause 11 (1) (c). 1999, c. 3, s. 5 (1).

Ministerial approval required

(2) A rule made under clause (1) (a), (b) or (c) is subject to the Minister’s approval. 1999, c. 3, s. 5 (2).

Rules deemed regulations

(3) A rule made under clause (1) (a), (b) or (c) shall be deemed to be a regulation to which Part III (Regulations) of the Legislation Act, 2006 applies. 1999, c. 3, s. 5 (3); 2006, c. 21, Sched. F, s. 136 (1).

Other powers

(4) The designated wine authority may,

(a) establish forms related to the administration of this Act and the regulations;

(b) set and collect fees, costs or other charges related to the administration of this Act and the regulations if it does so in accordance with the process and criteria that it establishes and that the Minister approves. 1999, c. 3, s. 5 (4).

Use of money collected

(5) Money collected by the wine authority in carrying out the administration of this Act and the regulations is not public money within the meaning of the Financial Administration Act and may be used by it to carry out activities in accordance with its objects or any other purpose reasonably related to its objects. 1999, c. 3, s. 5 (5).

Agreements

(6) The wine authority may enter into an agreement with any person or entity for carrying out the purposes of this Act. 1999, c. 3, s. 5 (6).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

Use 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 hold a hearing on the matter in accordance with the regulations. 1999, c. 3, s. 6 (4).

No sales without approval

(5) If, without an approval, a manufacturer uses the terms, descriptions or designations in connection with liquor produced by the manufacturer, no person shall sell the liquor. 2001, c. 9, Sched. D, s. 12.

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. D, s. 12 - 29/06/2001

Inspections

7 (1) The board of the wine authority may, in writing, appoint persons as inspectors for...