Wine shipping restrictions contained in Massachusetts state law have been struck down by a U.S. court as being discriminatory and unconstitutional in the case of Family Winemakers of California v. Jenkins. The restrictions at issue were complex but effectively prevented 95% of wineries from shipping direct to consumers in Massachusetts. The restrictions prevented wineries from shipping if they produced more than a set annual case volume or if they had wholesaler representation in Massachusetts. The court applied the reasoning in the earlier U.S. Supreme Court decision in Granholm v. Heald. Similar challenges are pending in other U.S. states that have enacted shipping restrictions.
The U.S. courts\’ reasoning is interesting because similar arguments could be used in Canada, particularly against the imposition of liquor board markups as between shipments of wine between wine producing provinces such as Ontario and B.C. The basis of the legal arguments in Canada would be slightly different due to the fact that the U.S. and Canadian constitutions are different but the nature of the discrimination is similar.
It\’s already a major issue for wineries in California. I know that faculty at UC Davis are now considering water needs and ability to survive drought as an important factor when selecting rootstocks for new vineyard plantings. Here in water-abundant Canada, this has historically not been a major concern. But an article in Wine Business Monthly Online shines a light on similar Canadian concerns in its review of the Okanagan Sustainable Water Strategy and the implications for wineries in the region. The article points out that winery use of water is a tiny percentage of overall usage and that conversion to drip irrigation is making industry use of the resource even more efficient.
The legal implications of water usage are still generally a backburner issue. However, occasionally, as the article points out, the Province can use its powers under environmental laws to cut off water supplies to users as happened for some Okanagan wineries in 2003 during a drought. In addition, water concerns can block development, whether residential or otherwise (including wineries), if the development threatens to change water usage or conservation patterns.
This article summarizes the laws that apply when wine is shipped between Canadian provinces for personal consumption. Please note that other articles apply for the following situations:
This article provides a summary of the shipping laws regarding wine (and other liquor) within Canada. This article is updated frequently and was current as of October 2019. However, the laws in this area are changing rapidly. Please contact a lawyer in order to ensure that you have the latest information.
The shipping of any alcohol from one province into another province was previously prohibited by a federal law (which stems from the prohibition era) called the Importation of Intoxicating Liquors Act (Canada). However, in June 2019, the federal government repealed this prohibition entirely in respect of the interprovincial transport or shipment of alcohol. Nevertheless, the various provinces have not embraced the spirit of this reform and have created various provincial laws and barriers to interprovincial “direct to consumer” shipments.
The Supreme Court of Canada decision in R. v. Comeau was released in April 2018. Generally, the court upheld provincial legal restrictions on the inter-provincial purchase/import of alcohol as long as they are connected to a legitimate provincial objective other than restricting trade. This decision directly affects the issues discussed on this page. Legal advice may be required on the implications of this decision.
The following chart summarizes my views on the ability of consumers to receive “direct to consumer” interprovincial shipments of wine under the laws in the various provinces.
British Columbia
DTC from Winery?
Yes
DTC from Retailer?
No
Quantity Limits
Amount for personal consumption if 100% Cdn wine from winery.
Comments
DTC sales and shipment is permitted only for 100% Canadian wine purchased directly from a winery. BC has also eliminated the limits on alcohol importations from other provinces but only in respect of “in-person” importations (no shipment).
Alberta
DTC from Winery?
Unclear
DTC from Retailer?
Unclear
Quantity Limits
Amount for personal consumption
Comments
Alberta law says that adults may “import” liquor from other provinces (and other countries) in amounts determined by regulation. The regulation (s.89) makes importation from other provinces “subject to the policies of the Board”. The Board’s policies are set out in section 3.27 of this manual and which restrict importation to amounts that are personally transported (i.e. not shipped). It is not clear whether this “policy statement” has a valid basis in Alberta law since it may not be consistent with the language in the Act and Regulation.
Saskatchewan
DTC from Winery?
Yes (from BC only)
DTC from Retailer?
No
Quantity Limits
9 litres
Comments
Saskatchewan is open for DTC shipments of wine and spirits from BC only (not other provinces). An authorization (for the customer) is required from the SLGA which is valid for one year. Maximum quantity per shipment is 9 litres (one case) but multiple shipments are allowed. The customer is required to submit markup to the SLGA upon receipt of the shipment. The markup for wine is $5.25 per 750 ml bottle. See details here: Direct Shipment to Saskatchewan.
Manitoba
DTC from Winery?
Yes
DTC from Retailer?
Yes
Quantity Limits
Amount for personal consumption
Comments
Section 71 of Manitoba’s new law governing both alcohol and cannabis refers to the fact that it is permissible to possess and consume liquor that has been “lawfully imported” into Manitoba. Manitoba’s liquor web site indicates that DTC is permissible.
Ontario
DTC from Winery?
No
DTC from Retailer?
No
Quantity Limits
9 litres
Comments
Ontario has recently amended its laws to prohibit the possession of alcohol that has been imported from other provinces unless the alcohol was imported by or under the authority of the LCBO.
Quebec
DTC from Winery?
No
DTC from Retailer?
No
Quantity Limits
9 litres
Comments
Provincial law restricts transport of wine not purchased from liquor board within Quebec. Regulations have been issued which allow the importation of alcohol from other provinces but they only permit 9 liters of wine per person and only if it has been personally transported (no direct to consumer shipment).
New Brunswick
DTC from Winery?
No
DTC from Retailer?
No
Quantity Limits
Single bottle
Comments
The recent decision in R. v. Comeau upheld New Brunswick’s provincial laws that restrict its residents from purchasing and importing wine from outside the province beyond a “single bottle”.
Prince Edward Island
DTC from Winery?
Yes
DTC from Retailer?
Yes
Quantity Limits
9 litres
Comments
It is my view that the only reasonable interpretation of the word “import” in the amended legislation includes both in person transport and direct shipment. The PEI liquor board is stating that it is not open for shipment, only for “in-person transport”. In my view, this is not a reasonable interpretation of PEI law.
NL only permits “in person” importations from out of province as described in the accompanying article. Note that the NL liquor board charged FedEx with shipping BC wine from a winery to a customer in Newfoundland. The case did not proceed after the defence lawyer made an argument that NL laws could not reach a federally regulated courier such as FedEx.
