Alberta Whisky Act

ALBERTA WHISKY ACT Chapter A-37.7 Table of Contents 1 Definitions Part 1 Alberta Whisky 2 Alberta Whisky standards 3 Designation of Alberta Whisky 4 Responsible authority for geographical indication Part 2 Alberta Gaming, Liquor and Cannabis Commission 5 Delegation by board 6 Delegation by CEO or Commission 7 Policies 8 Information to Minister 9 Liability protection 10 Testimony and production of documents Part 3 Compliance and Enforcement 11 Prohibition on use of term 12 Information to Commission 13 Inspections 14 Obstruction of inspector 15 Duty to assist inspector 16 Revocation of designation 17 Review of decision to revoke designation Part 4 Regulations and Coming into Force 18 Regulations 19 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “Alberta Whisky” means a whisky within the meaning of the Food and Drug Regulations that meets the Alberta Whisky standards; (b) “Alberta Whisky standards” means the standards referred to in section 2; (c) “board” means the board of the Commission; (d) “chief executive officer” means the chief executive officer of the Commission; (e) “Commission” means the Alberta Gaming, Liquor and Cannabis Commission; (f) “common carrier” means a common carrier within the meaning of the Gaming, Liquor and Cannabis Act ; (g) “ Food and Drug Regulations ” means the Food and Drug Regulations (Canada), (CRC, c. 870); (h) “manufacturer” means a manufacturer as defined in the Gaming, Liquor and Cannabis Act who holds a valid liquor licence under that Act; (i) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (j) “production” means, with respect to a spirit, the process of mashing, fermenting, distilling, aging, proofing and bottling; (k) “spirit” means a product that contains ethyl alcohol obtained by distillation. Part 1 Alberta Whisky Alberta Whisky standards 2 (1) In this section, (a) “age” means to keep a spirit for a period under such conditions of storage as may be necessary to develop the spirit’s characteristic flavour and bouquet; (b) “flavouring” means flavouring as defined in section B.02.002 of the Food and Drug Regulations . (2) A spirit is Alberta Whisky if it meets the following standards: (a) the spirit meets the standards for Canadian whisky established under the Food and Drug Regulations ; (b) the production of the spirit takes place entirely in Alberta; (c) at least 2/3 of the total weight of the cereal grain or cereal grain products used to produce the mash is grown in Alberta; (d) the water used in the production of the spirit is obtained from a source or water supply in Alberta; (e) the spirit is not blended or modified after distillation other than by (i) blending the spirit with flavouring that has been aged for not less than 2 years, (ii) adding water that meets the standard in clause (d) to adjust the spirit to a required strength, or (iii) adding plain caramel; (f) the spirit or production of the spirit meets any additional standards established in the regulations. Designation of Alberta Whisky 3 (1) A manufacturer may make a declaration to the Commission that a spirit produced by the manufacturer is Alberta Whisky. (2) On receiving a declaration under subsection (1), the Commission must designate the spirit as Alberta Whisky. Responsible authority for geographical indication 4 (1) The Minister is designated as the responsible authority with respect to the geographical indication of Alberta Whisky. (2) Subject to subsection (3), the Minister must exercise the powers and perform the duties and functions of the responsible authority. (3) A power, duty or function of the responsible authority set out in the regulations may be delegated by the regulations to another person. Part 2 Alberta Gaming, Liquor and Cannabis Commission Delegation by board 5 (1) The board may in writing delegate any of its powers, duties or functions under this Act to the chief executive officer. (2) Where the board has delegated a power, duty or function to the chief executive officer, the board has no authority to give directions or instructions relating to that power, duty or function to any person other than the chief executive officer. (3) The board’s delegation may include the power of subdelegation. Delegation by CEO or Commission 6 The chief executive officer or the Commission may in writing delegate any of the powers, duties and functions of the chief executive officer or the Commission under this Act to an employee of the Commission. Policies 7 (1) The Minister may make policies that must be followed by the Commission or the board with respect to the powers, duties and functions of the Commission or the board under this Act. (2) Subject to subsection (3), the board may make policies that must be followed by the Commission with respect to the Commission’s powers, duties and functions under this Act. (3) The Minister may, by order, determine categories of policies that the board must not establish or that the board must submit to the Minister for approval before being established under subsection (2). Information to Minister 8 The Commission must, on the request of the Minister, report to the Minister on its activities under this Act and any matter related to this Act. Liability protection 9 No action lies against the Crown or a Minister of the Crown, the Commission, the board or its members, the chief executive officer, employees of the Commission or inspectors for anything done or not done, in good faith, in relation to the exercise of their powers or to the performance of their duties and functions under this Act. Testimony and production of documents 10 (1) Unless the board directs otherwise, a member of the board or employee of the Commission must not be compelled (a) to give testimony for the purposes of a civil action with regard to information obtained in the course of the member’s or employee’s duties under this Act, or (b) to produce any document or information for the purposes of a civil action. (2) Subsection (1) does not apply when the member of the board, the Commission or the employee is a party to the civil action. Part 3 Compliance and Enforcement Prohibition on use of term 11 A manufacturer must not use the term “Alberta Whisky” in respect of a spirit for the following purposes unless the spirit is designated as Alberta Whisky under section 3: (a) selling the spirit; (b) displaying, advertising, marketing or offering the spirit for the purpose of sale. Information to Commission 12 (1) For the purposes of determining compliance with this Act or whether a spirit meets the Alberta Whisky standards, the Commission may request in writing that the following persons provide the Commission with the reports and information specified by the Commission: (a) a manufacturer; (b) a person reasonably expected to have information relating to compliance with this Act or whether a spirit meets the Alberta Whisky standards. (2) A manufacturer or person referred to in subsection (1) must comply with the Commission’s request. Inspections 13 (1) An inspector under the Gaming, Liquor and Cannabis Act is an inspector for the purposes of this Act. (2) For the purposes of determining compliance with this Act or whether a spirit meets the Alberta Whisky standards, an inspector may enter and inspect, at any reasonable time, (a) any premises or facilities used in the production of a spirit, and (b) the offices of a common carrier doing business in Alberta that may contain records relating to compliance with this Act or whether a spirit meets the Alberta Whisky standards. (3) When acting under the authority of this section, an inspector must carry identification in the form established by the board and present it on request to the owner or occupant of the premises, facilities or offices being inspected. (4) For the purposes of an inspection under this section, an inspector may (a) take reasonable samples of a spirit or substances used in the production of a spirit, (b) inspect, audit, examine and make copies of any records, documents, books of account and receipts relating to a spirit or the production of a spirit, or may temporarily remove any of them for those purposes, or (c) interview a manufacturer or an agent of a manufacturer with respect to any of the records, documents, books of account and receipts referred to in clause (b). (5) When an inspector removes records, documents, books of account and receipts under this section, the inspector must (a) give a receipt for them to the person from whom they were taken, and (b) within a reasonable time, return them to that person. Obstruction of inspector 14 A person must not hinder, obstruct or impede an inspector in the performance of the inspector’s duties or in the exercise of the inspector’s powers. Duty to assist inspector 15 A manufacturer, a common carrier and the officers, employees and agents of a manufacturer or common carrier must, on the request of an inspector, the Commission or an employee of the Commission, (a) assist the inspector in carrying out an inspection under section 13, and (b) provide the inspector with records, documents, books of account and receipts and provide a location and equipment, as specified by the Commission, for the purposes of inspecting, auditing, examining or copying them. Revocation of designation 16 (1) The Commission may revoke the designation of a spirit if (a) a manufacturer fails to comply with this Act, or (b) the spirit does not meet the Alberta Whisky standards. (2) If the Commission revokes the designation of a spirit, the Commission must give notice of the revocation to the manufacturer that made the declaration under section 3(1) with respect to the spirit and provide written reasons for the decision. (3) Section 97 of the Gaming, Liquor and Cannabis Act applies to a notice given under subsection (2) as if it was notice of a decision under that Act. Review of decision to revoke designation 17 (1) A manufacturer who receives a notice under section 16(2) may apply to the chief executive officer for a review of the Commission’s decision to revoke a designation. (2) An application must be made in writing within 30 days after the manufacturer receives notice of the decision. (3) After receiving an application under this section, the chief executive officer must review the application and determine whether (a) the manufacturer has failed to comply with this Act, if the application relates to a revocation under section 16(1)(a), or (b) the spirit does not meet the Alberta Whisky standards, if the application relates to a revocation under section 16(1)(b). (4) The chief executive officer must provide the manufacturer with a copy of the chief executive officer’s decision under subsection (3) and written reasons for the decision. Part 4 Regulations and Coming into Force Regulations 18 The Minister may make regulations (a) establishing additional standards for the purposes of section 2(2)(f); (b) respecting the powers, duties and functions of the responsible authority that may be delegated for the purposes of section 4(3); (c) respecting reporting by the Commission to the Minister under section 8, including regulations specifying the type of information to be reported and the frequency of reporting; (d) respecting notices and applications for the purposes of sections 16 and 17, including regulations authorizing the Commission to prescribe the form and content of notices and applications; (e) respecting reviews of decisions to revoke designations under section 17; (f) defining any word or expression used but not defined in this Act; (g) respecting any matter the Minister considers necessary or advisable for carrying out the purposes and intent of this Act. Coming into force 19 This Act comes into force on Proclamation. (NOTE: Proclaimed in force May 21, 2026.)