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)(b.1)

  (1.1) The operation of paragraph (2)(b.1) is suspended during the period in which paragraph (2)(b.01) 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 means only of a common carrier by water or by railway, including any necessary transfer by truck from railway car to ship or vice versa, if, during the time the intoxicating liquor is being so carried or transported, the package or vessel containing the intoxicating liquor is not opened or broken or any of the intoxicating liquor drunk or used therefrom;

  • (b) the importation of intoxicating liquor into a province by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller or brewer where the intoxicating liquor 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 him in the province, and while kept by him in the province is kept in a place or warehouse that conforms in all respects to the requirements of the law governing those places or warehouses, and is used solely for blending with or flavouring the products of his business or trade as a distiller or brewer;

  • (b.01) the importation of distilled spirits in bulk into a province from a NAFTA country for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, if the distilled 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) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses;

  • (b.02) the importation of distilled spirits in bulk into a province from Chile for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, if the distilled 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) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses;

  • (b.03) the importation of distilled spirits in bulk into a province from Costa Rica for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, where the distilled spirits

    • (i) are entitled to the benefit of the Costa Rica Tariff referred to in section 49.1 of the Customs Tariff, and

    • (ii) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses;

  • (b.1) the importation of distilled spirits in bulk into a province from the United States for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, if the distilled 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) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses; or

  • (c) the transfer from one distillery to another of any spirits or liquor that is permitted by any Act or regulation in force or by special permit of the Canada Customs and Revenue Agency.

• Marginal note:Regulations

  (3) The Governor in Council may, for the purposes of paragraph (2)(b.01), (b.02), (b.03) or (b.1), make regulations defining the expressions "distilled spirits", "in bulk" and "bottling".