On Thursday, the provincial government announced it will allow Quebecers to buy alcohol in another province and take it home, making it the last Canadian jurisdiction to eliminate prohibition-era liquor law. Now, Quebecers can bring up to nine litres of wine, three litres of spirits and 24.6 litres (or 72 bottles) of beer from out of province – not enough alcohol for, say, a frat party, but more than enough for your typical dinner. Albas introduced Bill C-311 in 2012 (now passed by Parliament), which amended a 1928 federal law prohibiting the transportation of “intoxicating spirits” across provincial borders. This legislation, the Importation of Intoxicating Liquors Act, arose out of post-prohibition provincial governments fearing alcohol and wanting more control over alcohol sales. This meant that wine could not be transported by consumers across provincial borders; Technically, these consumers broke the law. To avoid astronomical fees, keep your wine below the maximum limit of 1.5 liters (equivalent to two standard 750 milliliter bottles) or your alcohol below the limit of 1.14 liters (40 ounces). Beer regulations are more generous: 8.5 liters of beer (24 cans or 12-ounce bottles) per person are allowed. If you live in British Columbia, Manitoba or Nova Scotia, you are toasting the enlightened politicians who rule over you. In these provinces, consumers face no legal or regulatory barriers to agreeing to market wineries in other parts of Canada.
Your consumers can buy wine from anywhere in the country, in person or online. It is a guaranteed federal right, but one that many provinces oppose. “To say you can buy wine out of province, but you don`t have it shipped, it`s silly. It kind of frustrates the goal of free trade in the provinces,” said Mark Micken, a Canadian wine lawyer. “Let`s say you`re visiting a winery in Ontario and want to order a case of wine. There is actually a provision in the Constitution that says we have a free trade zone in the provinces for products made in Canada. It is therefore unconstitutional not to allow this. Montreal – Until this week, Quebec was full of smugglers. The nervous accountants, the soccer moms, the beefy construction workers — really, anyone who dared to drive in Ontario and come back with as much as a bottle of wine — all broke the law. “They give Canadians a choice, but it`s always a choice between monopolies,” Micken said. “So, really, what has changed? People can drive outside Quebec and bring alcohol. They were already doing it and the government turned a blind eye.
“Our government wanted the new rules for transporting alcohol to be adapted to today`s reality,” said Finance Minister Carlos Leitão. “This will allow Quebec consumers to bring alcoholic beverages purchased in other provinces for personal consumption, as they could when they return from a vacation abroad.” Tourists of legal drinking age are allowed to travel with a small amount of alcohol for personal consumption without having to pay a stack of additional fees. Sure, you can get carried away with preparing for a trip, but bringing too much alcohol can actually add up to twice the cost of buying in Canada after paying taxes and duties. Q: Does this change mean I can take a lot of alcohol with me when visiting other provinces? A: Yes. Individuals are permitted to bring any amount of alcohol from other Canadian provinces or territories into Ontario, as long as it is for personal consumption and not for resale or commercial use. Q: But can`t I order directly from a liquor producer in another province over the Internet and have it shipped to Ontario? A: No. Direct deliveries of alcohol to consumers in other provinces are not covered by this announcement. However, any Canadian product not transported by the LCBO can be purchased through the LCBO`s Private Order Program. In Quebec, consumers can bring nine litres of wine from another province, but not have wine delivered. Despite the province`s new permissive law, it is still illegal for Quebecers to have alcohol delivered from other provinces.
The Société des alcools du Québec (SAQ), the state-owned enterprise that controls the sale of wines and spirits in Quebec, generates nearly $3 billion in revenue each year. The restrictions that once existed in all Canadian provinces and territories stem from the Importation of Intoxicating Liquors Act, a law written in 1928 at the end of the period of abstinence during which the United States criminalized the sale of alcohol. The Quebec government announced Tuesday that it is lifting the limit on the amount of alcohol purchased in another Canadian province or territory that a person can bring into Quebec. The change, which will take effect April 7, applies to alcohol purchased in person — not online — and intended for personal consumption, not resale. It must also be carried with the person or in luggage. In 2015, Gérard Comeau contested a $292.50 ticket he received for transporting 14 cases of beer and three bottles of spirits across the Quebec provincial border to New Brunswick. The case, widely known as the Free the Beer case, went to the Supreme Court of Canada in 2017, where it ruled that the law prohibiting the supply of alcohol across provincial borders was constitutional and not prohibited under section 121. No matter how long you want to stay in Canada, or if you`re traveling by boat, car or plane, the amount of duty-free and duty-free alcohol you can bring into the country remains the same. Exceeding this amount will result in the payment of a federal customs assessment and any applicable provincial or territorial taxes on the total value (in Canadian dollars) of the total volume of alcohol, not just on the amount in excess of the permitted exemption.
Laws prohibit bringing alcohol as a gift. This section of the Constitution of Canada states: “All articles relating to the growth, production or manufacture of any province shall be freely permitted to and come from the Union in each of the other provinces.” “The SAQ continues to be a world leader in the selection and sale of wines and spirits, offering Quebecers a shopping experience that meets their high expectations,” said Mr. Leitäo. Quebec was the last province not to allow citizens to bring alcohol from other parts of Canada. Since that decision, many Canadian provinces, including British Columbia, Saskatchewan, Ontario, Nova Scotia and Prince Edward Island, have decided to abandon regulations on the amount of alcohol their residents of other provinces or territories can take home for personal consumption. Currently, Newfoundland and Labrador, New Brunswick and Canada`s three territories still have borders. Anyone who stocked up on margarita while vacationing in Canada was probably a personal victim of the country`s high alcohol prices. Happy hour beers or a glass of wine with dinner are more expensive than what the average American is used to, which is why so many people bring their own alcohol into the country. British Columbia and Manitoba laws allow residents to import wine from other provinces, but British Columbia limits imports to Canadian products.
Micken, who has been following the issue closely since 2009, says the easing of alcohol restrictions has not had a negative impact on the profits of liquor boards in both provinces. Sign up to receive daily headlines in The Montreal Gazette, a division of Postmedia Network Inc. The Albas amendment changed that for wine. And earlier this year, the federal government again amended the 1928 law to include beer and spirits in the list of items now allowed in all provinces. The only caveat is that wine, beer and spirits must be for personal, non-commercial use. While the changes to the ordinance allow people to bring a bottle of wine from a trip to the Okanagan Valley or Niagara-on-the-Lake, it is still illegal to order alcohol or wine from another province and have it shipped to Quebec.