Bill C-351: An Act to amend the Importation of Intoxicating Liquors Act and the Excise Act, 2001 (importation)

Importation of Intoxicating Liquors Act Related Amendment to the Excise Act, 2001 First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-351 An Act to amend the Importation of Intoxicating Liquors Act and the Excise Act, 2001 (importation) FIRST READING, April 11, 2017 Mr. Barlow 421351 SUMMARY This enactment amends the Importation of Intoxicating Liquors Act to limit the application of its prohibitions to intoxicating liquors imported into Canada. It also makes a related amendment to the Excise Act, 2001. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-351 An Act to amend the Importation of Intoxicating Liquors Act and the Excise Act, 2001 (importation) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. I-3 Importation of Intoxicating Liquors Act 1 (1) Subsection 3(1) of the Importation of Intoxicating Liquors Act is replaced by the following: Prohibitions 3 (1) Despite any other Act, no person shall import or cause to be imported into Canada any intoxicating liquor unless it has been purchased by or on behalf of, and is consigned to Her Majesty or the executive government of, the province into which it is being imported, 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. (2) Paragraph 3(2)‍(a) of the Act is repealed. (3) Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by repealing paragraph (h). 2 Section 4 of the Act is replaced by the following: Burden of proof 4 The burden of proving the right to import, or to cause to be imported, any intoxicating liquor into Canada is on the person accused. 3 Section 6 of the Act is replaced by the following: Prosecution in place where liquor imported 6 A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place into which any intoxicating liquor is unlawfully imported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province. 4 Section 8 of the Act is replaced by the following: Sacramental, medicinal and other purposes exempted 8 Nothing in this Act shall be deemed to forbid importing, or causing to be imported, into Canada intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use of the intoxicating liquor as a beverage. 2002, c. 22 Related Amendment to the Excise Act, 2001 5 Section 59 of the Excise Act, 2001 is replaced by the following: Application — Importation of Intoxicating Liquors Act 59 For greater certainty, the Importation of Intoxicating Liquors Act continues to apply to the importation of intoxicating liquor into Canada. Published under authority of the Speaker of the House of Commons