Appeal from a Compliance Order of the Vintner s Quality Alliance Ontario under the Vintners Quality Alliance Act, 1999, S.O. 1999, c.

Similar documents
Legal Barriers to Market Access for Canadian Wine. Alexandra V. Mayeski CCOVI Lecture Series March 30, 2011

Vintner s Quality Alliance Ontario

VAT zero rating - food coconut water is it a beverage? yes supplies held to be standard rated Group 1, Schedule 8, VAT Act 1994.

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION

Napa County Planning Commission Board Agenda Letter

Chapter Ten. Alcoholic Beverages. 1. Article 402 (Right of Entry and Exit) does not apply to this Chapter.

COMMISSION DELEGATED REGULATION (EU) /... of XXX

RULES OF THE TENNESSEE ALCOHOLIC BEVERAGE COMMISSION CHAPTER RULES FOR SALES OF WINE AT RETAIL FOOD STORES

Baxendale s Vineyard Pty Ltd and Others v Geographical Indications Committee and Another*

December 17, Town of Centerville Tennessee Mayor Gary Jacobs 102 East Swan Street Centerville, Tennessee VIA ELECTRONIC MAIL

KANSAS ADMINISTRATIVE REGULATIONS ARTICLE 25

Article 25. Off-Premises Cereal Malt Beverage Retailers Definitions. As used in this article of the division s regulations, unless the

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS ON REFERRAL FROM THE ALCHOLIC BEVERAGE CONTROL BOARD DECISION

96 of 100 DOCUMENTS FEDERAL REGISTER. 27 CFR Part 9. Napa Valley Viticultural Area. [TD ATF-79; Re: Notice No. 337] 46 FR 9061.

The Saskatchewan Egg Regulations, 2010

ASSEMBLY, No. 502 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

REFIT Platform Opinion

NEW ZEALAND WINE FOOD BILL ORAL SUBMISSION OF NEW ZEALAND WINEGROWERS 23 SEPTEMBER Introduction

HAROLD G. FOX MOOT MOOT PROBLEM

Winery Retail Store Information Guide

Healthy Menu Choices Act, 2015 Application of the Act to Advertisements and Promotional Flyers

Streamlining Food Safety: Preventive Controls Brings Industry Closer to SQF Certification. One world. One standard.

Winery Retail Store Information Guide

Relevant Biocidal Product Types in Food Contact Applications

10086/17 dbb*/sg/mm 1 DGB 1 A

JUDGMENT OF THE COURT 9 June 1992 *

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

A. The supraconstitutional rank of international

HANDBOOK FOR SPECIAL ORDER SHIPPING

Business Guidance leaflet

Basics. As a rule of thumb, always ask to see the nonprofit special event one- day license.

Model Guidance on Senate Bill 85

DRAFT REFERENCE MANUAL ON WINE AND VINE LEGISLATION IN GEORGIA

Geographical Indications (Wines and Spirits) Registration Amendment Bill Initial Briefing to the Primary Production Select Committee

SENATE, No. 346 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.

Industry update on the Food Premises Regulation 493/17, under the Health Protection and Promotion Act. Health Improvement Policy and Programs Branch

ADVISORY OPINION OF THE COURT 3 December 1997 *

8 April 8, 2015 Public Hearing

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE

18 May Primary Production Select Committee Parliament Buildings Wellington

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 315

Unvalidated References: Customs Act 1951 Coffee Industry Corporation (Statutory Functions and Powers) Act 1991

GEOGRAPHICAL INDICATIONS SYSTEM IN THE EUROPEAN UNION

WORLDWIDE SYMPOSIUM ON GEOGRAPHICAL INDICATIONS

REPUBLIC OF VANUATU BILL FOR THE GEOGRAPHICAL INDICATIONS (WINE) ACT NO. OF 2000

Present: Carrico, C.J., Compton, Stephenson, and Keenan, JJ., and Poff, Senior Justice, Whiting, Senior Justice, and Cochran, Retired Justice

Alcohol and Gaming Commission of Ontario. Sampling Guidelines. March E (2018/03)

VIVIER, HOWIE, SCHUTZ, STREICHER JJA and

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION BEER

VQA Wine Sales at Farmers Markets Program. Webcast April 29, 2015

Liquor License Amendment - Change of Hours

Wine Equalisation Tax New Measures. Presented by Naomi Schell and Sally Fonovic ITX Excise Product Leadership

Supermarket Industry Concerns and Questions - FDA Menu Labeling Regulation

S. I No. 117 of 2010: EUROPEAN COMMUNITIES (OFFICIAL CONTROL OF FOODSTUFFS) REGULATIONS 2010 CLOSURE ORDER

NEW LIQUOR LAW CHANGES! A number of significant changes to the Pennsylvania Liquor. Code have been passed recently. On June 28, 2011 Governor

ARTS & CRAFTS VENDOR APPLICATION CHECK LIST

BREWERS ASSOCIATION CRAFT BREWER DEFINITION UPDATE FREQUENTLY ASKED QUESTIONS. December 18, 2018

Barcelona, June 18, 2010

Standing Committee on Policy and Strategic Priorities. General Manager of Development, Buildings and Licensing

School Breakfast and Lunch Program Request for Proposal

STEPS TO OPEN AND MAINTAIN A FOOD SERVICE ESTABLISHMENT IN OKLAHOMA CITY AND COUNTY 1. CHECK ZONING 2. REVIEW REGULATORY GUIDANCE 3.

RULES OF THE TENNESSEE ALCOHOLIC BEVERAGE COMMISSION CHAPTER RULES FOR SALES OF WINE AT RETAIL FOOD STORES TABLE OF CONTENTS

Architectural Review Board Report

State Of California Department Of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834

ABAC. ABAC Complaints Panel Determination No: 112/11A

Ministry of Health and Long-Term Care A Guide to Menu Labelling Requirements in Regulated Food Service Premises in Ontario

18B Construction; findings and purpose; exceptions. 18B Definitions.

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Chapter 93. (Senate Bill 874) Baltimore City Alcoholic Beverages Refillable Containers

Australia s Label Integrity Program

HOUSE BILL No As Amended by House Committee

LEAN PRODUCTION FOR WINERIES PROGRAM

Fairfield Market on the Green Summer 2017 June 11, 2017 Sunday (10am-4pm) Rain or Shine

Special Events and Wedding Venue Contract

Introduction to the Practical Exam Stage 1

KIWIFRUIT EXPORT REGULATIONS 1999

REQUEST FOR PROPOSAL FOR THE CONTRACT TO PROVIDE FOOD SERVICES FOR THE SUNDRIDGE-STRONG-JOLY ARENA & HALL SNACK BAR

KENYA GAZETTE SUPPLEMENT

HOUSE BILL 1478 CHAPTER. Prince George s County Alcoholic Beverages Waterfront Entertainment Retail Complex and Wine Festival PG

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 8-K

ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED FEBRUARY 28, 2017

RESOLUTION NO

Council of the European Union Brussels, 30 July 2014 (OR. en)

TC04819 Appeal number: TC/2015/01759

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Healthy Menu Choices Act, 2015 Application of the Act in Restaurants. What is a standard food item? Where must calories be displayed?

Supporting 15 years of Ontario wine industry growth

PROTECTION OF GEOGRAPHICAL INDICATIONS

DEFINITIONS. For purposes of the special occupational tax upon liquors, the following shall mean:

Board of Health Regulation: Chapter 1. Food Establishment Regulation

M I D D L E S E X- LON DON HEALTH UNIT

WINTERLICIOUS / SUMMERLICIOUS

PERMIT/APPROVAL APPLICATION PROCESS. 1. Steps required to obtain a special event Food Service permit/approval are included in this application packet.

STANDARD ADMINISTRATIVE PROCEDURE

Friday, July 17, 2015 Saturday, July 18, 2015 Sunday, July 19, 2015 There are no rain dates or refunds in the event of a cancellation.

Bill 88 (2016, chapter 9) An Act respecting development of the small-scale alcoholic beverage industry

MODERNIZATION OF OKLAHOMA S ALCOHOL LAWS: READY OR NOT HERE IT COMES! Presented by the Oklahoma ABLE Commission

LEASE AGREEMENTS. In a decision dated September 27, , the Third Civil Chamber of the Cour

Transcription:

Licence Appeal Tribunal Tribunal d'appel en matière de permis DATE: 2016-07-28 FILE: 10197/VQAA CASE NAME: 10197 v. Vintner s Quality Alliance Ontario Appeal from a Compliance Order of the Vintner s Quality Alliance Ontario under the Vintners Quality Alliance Act, 1999, S.O. 1999, c. 3 The Old Third Vineyard -and- Appellant Vintner s Quality Alliance Ontario Respondent REASONS FOR DECISION AND ORDER ADJUDICATORS: Patricia McQuaid, Vice-Chair (presiding) Bryant Greenbaum, Member APPEARANCES: For the Appellant: Alexandra Mayeski, Counsel For the Respondent: Paul-Erik Veel, Counsel Heard in Toronto: July 6, 2016

2 REASONS FOR DECISION AND ORDER The Vintner s Quality Alliance Ontario (the VQAO ) issued Compliance Order 17-01 (the Compliance Order ), pursuant to the Vintners Quality Alliance Act, S.O. 1999 Chapter 3, (the Act ), requiring the Old Third Vineyard (the Appellant or Old Third ) to remove the term Prince Edward County from its website and any other descriptive materials associated with wines that are not approved by the VQAO. Old Third appealed the Compliance Order to the Tribunal and requests that the Compliance Order be dismissed. At the outset, the parties agreed that the Compliance Order is stayed pending the Tribunal s decision. Further, for the purpose of the hearing, Counsel for the VQAO advised that the issue is the use of the term Prince Edward County in the banner on the top of every page of its website. The specific wording is as follows: The Old Third Producers of fine wine and cider in Prince Edward County FACTS The relevant facts are not in dispute; no oral evidence was called at the hearing. The Appellant is a manufacturer of wine and cider located in Prince Edward County, which is a municipality in Ontario. It is not a member of the VQA, nor is it a producer of VQA approved wines. On February 3, 2016, the VQAO wrote to Old Third advising that the term Prince Edward County, when used in association with wine production, is reserved for approved VQA wines pursuant to s. 3(2) of Ontario Regulation 406 (the O. Reg. ), prescribed under the Act, and requested that reference to Prince Edward County be removed from its website. There is no allegation that Old Third is using the term Prince Edward County on its wine bottles in a manner which is contrary to the Act. THE LAW Section 1 of the Act states as follows: 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. The core provisions of the Act relating to the use of regulated terms are set out in section 6 of the Act: 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).

3 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 Regulation 406 deals with the terms, descriptions and designations referred to in section 6, and provides that no person shall use certain terms and designations on a label or container of wine unless the wine is approved and certain conditions satisfied. The Respondent submits that this section must be read as a broad prohibition on the term Prince Edward County. Label is defined in the Regulation as any display of printed or written wording or graphic symbols, that are present on a container of wine or that are associated with a wine. ANALYSIS The issue is whether the use of the term Prince Edward County on the website banner constitutes use on a label contrary to the Act and its regulations. Counsel are in agreement with the basic rules of statutory interpretation, as set out in the case law put before the Tribunal, and that these rules are equally applicable to the interpretation of regulations. The statutory provision must be read in its entire context, taking into consideration not only the ordinary and grammatical sense of the words, but also the scheme and object of the statute. Every word included in a statute is presumed to make sense and to have a specific role to play in advancing the legislative purpose. Furthermore, interpretation of a statute or regulation should not be absurd; an interpretation can be considered absurd if it leads to ridiculous or frivolous consequences, if it is extremely unreasonable or inequitable, if it is illogical or incoherent, or if it is incompatible with other provisions or with the object of the legislation. Counsel also agreed that the critical provision is the definition of label. Respondent s Counsel submitted that the first part of the definition: any display of printed or written wording or graphic symbols, that are present on a container of wine captures the label on a bottle of wine as one would understand the ordinary use of the word. It is the last clause that is more problematic; specifically, the meaning to be given to the words: any display of printed or written wording or graphic symbols that are associated with a wine. Interpretation of this last clause must be done contextually. The words of the first clause in the definition are very specific to a bottle. Respondent s Counsel suggests that the words associated with in the second clause must mean something broader, which has

4 a certain logic. But read in its entirety, the clause reads printed or written wording that are associated with a wine (emphasis added). When this is read in conjunction with the words that precede them, a container of wine, it is a reasonable inference that the written/printed wording is in respect of the singular a wine. Broader, more general words, such as in association with a manufacturer or a vineyard, are not used though these are words used elsewhere in the Act and regulations. This suggests a legislative intent for a narrower interpretation that is limited to a specific wine, not all of the wine that a vineyard may produce. The Respondent did not point to an example where Old Third used the designated words Prince Edward County in association with a particular wine. It is not, for example, describing its pinot noir as a Prince Edward County Pinot Noir on its website. Rather, what the VQAO suggests is Old Third is using the words in the banner in association with all of its wines, to take advantage of the value attaching to the words Prince Edward County. The Tribunal does not find that to be a reasonable conclusion. The words on the banner read: Producers of fine wine and cider in Prince Edward County. The Tribunal notes that reference is made to both wine and cider. Cider is not regulated by the VQA. The information conveyed in the banner is that the Appellant, which produces both wine and cider, is located in Prince Edward County. It locates it geographically. Giving the words, in context, their ordinary meaning, they do not convey that the Appellant produces a Prince Edward County wine. The principle that statutory interpretation should not lead to absurd consequences must be given considerable weight. In communications to Old Third, the VQA Compliance and Information Officer wrote: The same rules that apply to the labelling of bottles also apply to any use associated with the wine, including signage, written or electronic materials that describe the wine. you may want to change Prince Edward County to local or the name of the nearest town or even Canada if you want to generalize (emphasis added) The Tribunal notes that the communication refers to describing the wine, not the vineyard, but also striking is the suggestion that Old Third could only describe itself in such vague terms, which would not assist a person in locating it. The word local would be of no help, nor would Canada. The town could be used Hillier but as Respondent s Counsel pointed out, if one accepts the VQAO s position, the Appellant could not say Hillier in Prince Edward County, nor even Hillier, Ontario, because Ontario too is a controlled term. This, the Tribunal concludes, is indeed an unreasonable if not an absurd consequence. The Appellant is not using the controlled term Prince Edward County to describe its wines generally, nor is it using the words to describe a wine produced by the Appellant. And, the words a wine are the specific words chosen by the legislators for the definition of label. Rather, in its banner, the Appellant is describing, factually, the location of its vineyard. The VQAO gives its

5 approval to a wine; it does not give its approval to a vineyard per se. As noted by Appellant s Counsel, a vineyard may produce both VQA approved wines and wines that are not approved. The Tribunal appreciates the point made by Respondent s Counsel that the internet is the contemporary manifestation of a brochure, and that the Act and its regulations are equally applicable to written material that appears on a website; however, the words on the Appellant s banner do not, for the reasons noted above, run afoul of the Act. The Tribunal therefore agrees with the Appellant s submission that to construe the words on the banner as proposed by the Respondent would be giving an overly broad interpretation of the Regulations and the regulatory limits on the use of the term Prince Edward County. ORDER Pursuant to the authority vested in it under the provisions of the Act and its regulations, the Tribunal dismisses Compliance Order (17-01) issued by the Respondent on April 12, 2016. LICENCE APPEAL TRIBUNAL Patricia McQuaid, Vice Chair Released: July 28, 2016 Bryant Greenbaum, Member