Definitions

1   In this regulation:

"Act" means the Food and Agricultural Products Classification Act;

"advisory committee" means the Wine Industry Advisory Committee established under section 9;

"alcohol" means ethyl alcohol;

"alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of wine at that temperature;

"authority" means the administrator of the wines of marked quality program;

"BC VQA wine" means a BC wine of distinction that has been certified as meeting the standards for BC VQA wine set out in this regulation;

"BC wine of distinction" means a wine that meets the criteria set out in section 18;

"Brix level" means the quantity of dissolved solids expressed as grams of sucrose in 100 g of grape juice or grape must of grapes that are, at harvest, measured at a temperature of 20°C;

"cuvée" means grape must in fermentation or wine intended for the preparation of sparkling wine, having a total alcoholic strength of at least 9% by volume;

"dosage" means grape juice, wine or grape must added to sparkling wine to enhance specific flavour qualities or to maximize fill levels after disgorgement;

"fermentation" means the natural biochemical process by which yeast converts sugar to ethyl alcohol and other by-products;

"finish" means to carry out all the treatments required to prepare a wine for bottling;

"Food and Drug Regulations" means the Food and Drug Regulations made under the Food and Drugs Act (Canada);

"fortify" means to add alcohol, brandy or fruit spirit to a wine;

"geographical area" means the area represented by a prescribed geographical indication;

"grape juice" means a fermentable liquid product used in winemaking with an alcoholic strength by volume of not more than 1% that is obtained from fresh grapes or grape must;

"grape must" means the liquid product with an alcoholic strength by volume of not more than 1% that is obtained by crushing or pressing fresh grapes;

"Late Harvested wine" means wine that is produced entirely from fresh ripe grapes some of which have been desiccated under natural conditions on the vine in a manner that favours the concentration of sugar;

"lees" means the sediment of grape seeds, stems, skin fragments, dead yeast cells and insoluble tartrates that settles to the bottom of a fermentation vessel;

"principal display panel" means the label on a bottle or container of wine that is intended to be displayed to the consumer;

"private label" means the distinct name of a company, organization or person, other than that of the practice standards certificate holder who produced the wine, used on the principal display panel;

"production unit" means a finished wine

(a) that has been bottled, and

(b) all the bottles of which have uniform characteristics;

"proposed geographical area or subdivision" means the area represented by

(a) a proposed geographical indication, or

(b) a proposed subdivision of a prescribed geographical indication,

as the case may be;

"proprietary name" means the distinct name that is characteristic of the holder of a practice standards certificate who produced the wine, used on the principal display panel;

"standard" means a standard established under this regulation for the wines of marked quality program and for a prescribed geographical indication;

"vintage year" means the year in which the grapes were grown;

"wines of marked quality program" means the agri-food quality program established under this regulation.

[am. B.C. Regs. 250/2007, s. 1; 216/2008, s. 1; 139/2010, s. 1; 307/2016, s. 1.]

Interpretation

1.1   For the purposes of paragraphs (a) and (b) of the definition of "process" in the Act, the processing of wine includes the physical, chemical and biochemical oenological practices and treatments that are recognized as manufacturing practices acceptable in the production and packaging of wine.

[en. B.C. Reg. 307/2016, s. 2.]

British Columbia Wine Authority is administrator

2   (1) The British Columbia Wine Authority is authorized to continue as the administrator of the wines of marked quality program.

(2) The administrator is authorized to do all of the following:

(a) exercise the powers and perform the duties described in section 4 (1) (a) to (c) of the Act;

(b) collect and retain fees, in accordance with section 14 and Schedule 4,

(i) for the purposes of exercising the powers and performing the duties described in section 4 (1) (a) to (c) of the Act, and

(ii) for a purpose described in Schedule 4;

(c) delegate to a manager one or more of the powers and duties referred to in paragraphs (a) and (b).

(3) For the purpose of giving directions under section 29 (1) (b) of the Act respecting the avoidance of conflicts of interest, the minister must give directions for the purpose of ensuring that the following persons are not persons who benefit, or who may benefit, financially from the production of wine or of grapes used to process wine:

(a) directors and employees of the administrator;

(b) persons engaged by the administrator to carry out its functions, including wine tasters under this regulation.

[en. B.C. Reg. 307/2016, s. 3.]

Certification program continued

3   (1) The wines of marked quality program is continued as a certification program for the purposes of the Act.

(2) The purpose of the wines of marked quality program is to

(a) certify operators who comply with wine production standards,

(b) certify wine as complying with wine production standards, and

(c) enable certified operators to use protected labels that are prescribed under section 4.

[en. B.C. Reg. 307/2016, s. 3.]

Entitlement to use prescribed terms for wines

4   The following terms are prescribed as protected labels for wines that meet the requirements set out in this regulation for the use of that term:

(a) "BC VQA", "British Columbia Vintners Quality Alliance" or "British Columbia VQA";

(b) BC wine of distinction;

(c) the geographical indications listed in section 28;

(d) Icewine;

(e) Sparkling Icewine;

(f) Late Harvest;

(g) Meritage;

(h) Select Late Harvest;

(i) Special Select Late Harvest;

(j) Vin du Curé.

[am. B.C. Reg. 307/2016, s. 4.]

Additional purposes of authority

5   In addition to carrying out its duties, the authority may do any or all of the following:

(a) develop a registration system for BC wine grape growers for the purpose of verifying information relating to standards under this regulation;

(b) recommend changes to the standards for the wines of marked quality program;

(c) Repealed. [B.C. Reg. 250/2007, s. 2 (b).]

(d) determine the need for and apply for protection of geographical indications of BC wines under the Trade-marks Act (Canada).

(e) Repealed. [B.C. Reg. 250/2007, s. 2 (b).]

[am. B.C. Reg. 250/2007, s. 2.]

Manager

6   The authority must appoint a manager to do the following:

(a) supervise the day to day operations of the authority;

(b) make decisions on the issue, suspension and cancellation of certificates under section 13;

(c) attend to other matters delegated by the authority.

Employees and services

7   The authority may employ persons to assist the authority in carrying out operational duties and may contract for necessary services and supplies.

Repealed

8   Repealed. [B.C. Reg. 307/2016, s. 5.]

Wine Industry Advisory Committee

9   (1) The authority must establish a Wine Industry Advisory Committee consisting of up to 7 individuals elected by the members of the authority for the terms specified by the authority.

(2) The advisory committee established under subsection (1) must reflect a regional balance and a balance among small, medium and large practice standards certificate holders.

(3) The members of the advisory committee may advise the authority on standards, policies and practices for the wines of marked quality program and other matters as requested by the authority.

(4) The authority must consult with the advisory committee on the standards, policies and practices of the wines of marked quality program.

[am. B.C. Reg. 250/2007, s. 4.]

Insurance

10   The authority must purchase insurance for the authority, directors, inspectors and employees of the authority, members of the advisory committee and members of taste-testing panels to cover liability for risks arising from the operation of the authority and the enforcement of the wines of marked quality program.

[am. B.C. Reg. 250/2007, s. 5.]

Register

11   (1)-(2) Repealed. [B.C. Reg. 307/2016, s. 6 (a).]

(3) A person who holds a certificate under this regulation must provide the authority with

(a) the address of the person's primary place of business and report any change in that address promptly,

(b) addresses of any additional places at which the certificate holder carries on business, and

(c) other relevant information required by the authority.

[am. B.C. Reg. 307/2016, s. 6.]

Eligibility for certification of practice standards certificate holders and production units of wines

12   (1) The authority may issue the following types of certificates for the purposes of this regulation:

(a) a practice standards certificate to certify program compliance by a winery;

(b) a wine quality certificate to certify program compliance for a specific wine.

(2) The authority may issue a practice standards certificate to a person if the person

(a) is licensed as a winery under the Liquor Control and Licensing Act,

(b) Repealed. [B.C. Reg. 216/2008, s. 2.]

(c) undertakes to comply with the standards under this regulation,

(d) undertakes to create and maintain the records required under this regulation, and

(e) agrees to the inspection of its records and facilities as required by the authority.

(3) If a person holds a practice standards certificate, the holder may apply to the authority for a wine quality certificate for a specific wine produced by that person.

(4) The authority may issue a wine quality certificate for a specific wine if the wine meets the standards under this regulation.

(5) A person who applies for a wine quality certificate must provide evidence to the authority of all of the following:

(a) the alcoholic strength by volume of the wine;

(b) the total acid level of the wine calculated as tartaric acid;

(c) the level of volatile acidity;

(d) total sulphur dioxide level;

(e) residual sugar level;

(f) the level of sulphur dioxide in a free state;

(g) the pH level.

(6) For the purposes of subsection (5), the evidence supplied must be based on tests conducted by a laboratory approved by the authority.

(7) If a person is required to keep records for the purposes of section 16, the authority may require the person to provide to the authority a copy of that record within the time specified by the authority.

(8) A person who holds a practice standards certificate must apply annually to renew the certificate.

[am. B.C. Regs. 216/2008, s. 2; 139/2010, s. 2.]

Issue of certificates

13   (1) If a person applies for a practice standards certificate, the authority must determine whether the person meets the requirements under this regulation for that certificate.

(2) If a person who holds a practice standards certificate applies for a wine quality certificate for a specific wine, the authority must determine whether the wine meets the standards under this regulation for that certificate.

(3) In order to determine whether a person or a wine meets the standards under this regulation for a certificate under this section, the authority may rely on the findings of experts selected after a merit based process.

(4) If a holder of a wine quality certificate fails to conform with standards under this regulation as they apply to the certificate, the authority may cancel the certificate for that wine.

(5) If a holder of a practice standards certificate fails to conform with standards under this regulation as they apply to the certificate, the authority may cancel the practice standards certificate for that person.

Payment of fees for certification

14   (1) An applicant for or the holder of a certificate must pay the fees set out in Schedule 4.

(2) If a fee is payable on the basis of the volume of wine produced by a practice standards certificate holder during a calendar year, the fee is to be calculated on the basis of the reported grapes crushed or pressed in the previous year and intended for processing of a BC wine of distinction in the calendar year for which the fee is calculated.

(3) A fee calculated under subsection (2) must be paid by March 31 of the calendar year following the year in which the grapes were crushed or pressed.

(3.1) Despite subsection (3), in the year 2008 the fee calculated under subsection (2) must be paid by August 31.

(4) If a fee is payable on the basis of an estimate of wine to be produced by a practice standards certificate holder during a calendar year, at the end of that calendar year the authority must recalculate the fee based on that person's actual production for that year and charge the person any additional fee so calculated or credit the person's account with any overpayment.

(5) Fees for a taste test assessment of a wine must be submitted

(a) with the application for certification of that wine,

(b) at the time the wine is resubmitted for a taste test assessment under section 18.2 (1), or

(c) at the time the wine is submitted to an extraordinary taste test assessment panel for a taste test assessment under section 18.3 (1),

whichever is applicable.

(6) Fees, other than a fee referred to in subsections (2), (3) and (5), must be paid by a practice standards certificate holder within 30 days of the time the person is notified of the amount of the fee.

(7) The authority must charge interest on overdue fees at the prime business rate plus 2%.

[am. B.C. Regs. 250/2007, s. 6; 216/2008, s. 3; 139/2010, s. 3.]

Cancelling certificates

14.1   (1) The authority may cancel a practice standards certificate if the certificate holder fails to do either of the following:

(a) comply with all applicable wine production standards;

(b) be licensed as a winery under the Liquor Control and Licensing Act.

(2) The authority may cancel a wine quality certificate if satisfied that the wine described in the certificate fails to comply with all applicable wine production standards.

(3) The authority may cancel a certificate if the certificate holder fails to pay fees in accordance with section 14 and Schedule 4.

[en. B.C. Reg. 307/2016, s. 7.]

Additional duties of the authority

15   The authority must do all of the following:

(a) establish procedures for assessing compliance with the standards;

(b) make rules of conduct for members of taste-testing panels and other individuals involved in maintaining standards, including rules to ensure the confidentiality of sensitive information;

(c) establish procedures to review the process for granting, suspending and refusing to issue certificates under the program;

(d) for the purpose of appointing inspectors under the Act, make recommendations to the minister respecting qualifications for inspectors and respecting individuals who, in the opinion of the authority, are qualified to exercise the powers and perform the duties of an inspector;

(e) develop and manage a system to

(i) certify laboratories in British Columbia, and

(ii) approve laboratories outside of British Columbia

for chemical wine evaluation;

(f) undertake compliance reviews on systems and data related to the certification process;

(g) establish a process to review any inspection or audit;

(h) establish a system to set objective limits for defined faults and to manage the faults based taste panel system using panels of trained experts to perform the sensory evaluation including an eligibility list of expert wine tasters selected after a merit based process;

(i) establish panels of taste testers drawn from the eligibility list of expert wine tasters and direct the manner in which panels are to report the results of their tests to the authority;

(j) establish procedures for the blind-testing of wines by panels of taste testers;

(j.1) establish procedures to ensure the integrity, objectivity and reputation of the wine testing process, including monitoring the wine testing process as conducted by panels of taste testers;

(k) establish procedures to assess the performance of taste testers and panels of taste testers in carrying out their function;

(l) record, analyze and publish annually statistical information respecting taste test assessments, including the failure rate of taste test assessments and the correlation between failed taste test assessments and the results of chemical analyses;

(m) establish procedures for taking samples of wines from tanks, bottles and other containers and the procedures for submitting samples for assessment;

(n) establish administrative procedures for Icewine production, including

(i) procedures to register an intention to produce Icewine by a date specified by the authority, and

(ii) notification requirements of the intention to pick grapes to make Icewine;

(o) establish a process to determine, for recommendation to the minister, changes to the list of grape varieties approved for BC VQA wines.

[am. B.C. Regs. 250/2007, s. 7; 216/2008, s. 4; 307/2016, s. 8.]

Records to be kept by practice standards certificate holder

16   (1) The following records must kept by a practice standards certificate holder at the certificate holder's primary place of business in sufficient detail to enable an inspector to verify that any wine produced by the certificate holder conforms to the standards for content that apply to that wine:

(a) the quantities of wine grapes, by variety and origin, produced or received by a certificate holder and the dates on which they were received, along with the names of the suppliers and of the growers of those grapes;

(b) the annual production levels of wine grapes, by variety and origin, of the wine grape growers whose wine grapes are received by the certificate holder;

(c) a statement, signed by the grower or supplier, of the origin of all wine grapes, by variety, received from a supplier or grower, their quantity, their variety and the location of the vineyard from which they were produced;

(d) a statement, signed by the supplier, of the origin of all grape must, grape juice and finished wine, by variety, received from a supplier, their quantity, their variety and the location of the vineyard from which they were produced;

(e) the number of litres of each wine produced by each production unit of the certificate holder;

(f) the number of litres of grape must, grape juice and finished wine purchased from other practice standards certificate holders or sold to other practice standards certificate holders;

(g) for each production unit of the practice standards certificate holder, the quantities of each wine sold, including the dates on which the wine was sold.

(2) Repealed. [B.C. Reg. 307/2016, s. 9.]

[am. B.C. Reg. 307/2016, s. 9.]

Winery inspections

17   The authority must provide for the premises and records of the holder of a practice standards certificate to be inspected on a random basis and at least once in every 3 years.

General conditions for BC wine of distinction designation

18   In order to qualify as a BC wine of distinction, a wine must meet the following criteria:

(a) Repealed. [B.C. Reg. 250/2007, s. 8.]

(b) be produced entirely from grapes of the varieties that meet the requirements of section 19;

(c) be produced entirely from fresh grapes, grape juice and grape must derived from grapes grown in British Columbia;

(d) be entirely fermented, processed, blended and finished in British Columbia;

(e) be certified in accordance with this regulation;

(f) be prepared on the premises of the practice standards certificate holder;

(g) meet the requirements of the Food and Drugs Act (Canada) and the regulations made under it.

[am. B.C. Reg. 250/2007, s. 8.]

General conditions for BC VQA wine certification

18.1   (1) In order to be certified as a BC VQA wine, a wine must meet the following criteria:

(a) be a BC wine of distinction;

(b) be made from one or more of the grape varieties listed in Table 1 or Table 2 of Schedule 5 and not from any other grape varieties;

(c) pass a taste test assessment, administered by the authority, for the faults listed in Column 1 of Schedule 3;

(d) meet the other requirements for certification as a BC VQA wine in accordance with this regulation.

(2) For the purposes of a taste test assessment referred to in subsection (1) (c) or section 18.2 (1) or 18.3 (1), the applicant

(a) must submit two samples of the wine for which certification is sought that are part of the production unit, and

(b) may submit, for a fault set out in Column 1 of Schedule 3,

(i) an analysis of each chemical compound set out opposite that fault in Column 2 conducted by a laboratory certified or approved by the authority using the method set out opposite the chemical compound in Column 3, or

(ii) in the case of refermentation, an analysis conducted by a laboratory certified or approved by the authority using the method set out opposite that fault in Column 3.

(3) If a chemical analysis is provided in accordance with subsection (2) (b), the taste-testing panel conducting the taste test assessment must consider the results of the chemical analysis in making their decision to pass or fail the wine.

[en. B.C. Reg. 250/2007, s. 9; am. B.C. Regs. 216/2008, s. 5; 139/2010, s. 4.]

Failing a taste test assessment

18.2   (1) If a wine fails a taste test assessment described in section 18.1 (1) (c), the applicant may resubmit the wine for a taste test assessment in accordance with section 18.1 (2).

(2) The taste-testing panel conducting the taste test assessment must

(a) be comprised of a different combination of taste testers from any combination of taste testers that previously conducted a taste test assessment of the wine, unless all the possible different combinations of taste testers have previously conducted a taste test assessment of the wine, and

(b) conduct the taste test assessment in accordance with section 18.1 (3).

(3) If the wine passes a taste test assessment under this section, the wine passes a taste test assessment for the purposes of section 18.1 (1) (c).

[en. B.C. Reg. 250/2007, s. 9; am. B.C. Reg. 216/2008, s. 6.]

Extraordinary taste test assessment panel

18.3   (1) The applicant may, in accordance with section 18.1 (2), submit a wine to an extraordinary taste test assessment panel for a taste test assessment if

(a) the wine fails

(i) a taste test assessment under section 18.1 (1) (c) and a taste test assessment under 18.2 (1), or

(ii) two taste test assessments under section 18.2 (1), and

(b) there is a difference between the faults identified as the reason for the failure of one of the taste test assessments and the faults identified as the reason for the failure of the other taste test assessment.

(2) The wine must be submitted under subsection (1) within 30 days after the applicant receives the results of the later of the two failed taste test assessments.

(3) Despite subsections (1) and (2), if the authority determines that a procedure established to ensure the integrity, objectivity and reputation of the wine testing process was not followed in a manner that is likely to have affected the results of a taste test assessment conducted under section 18.1 (3) or 18.2 (1) or this section, the authority may approve the applicant submitting or resubmitting the wine to an extraordinary taste test assessment panel for a taste test assessment.

(4) An extraordinary taste test assessment panel must

(a) be comprised of at least 3 expert wine tasters, and

(b) conduct the taste test assessment in accordance with section 18.1 (3).

(5) If the wine passes a taste test assessment under this section, the wine passes a taste test assessment for the purposes of section 18.1 (1) (c).

[en. B.C. Reg. 216/2008, s. 7.]

Grape varieties

19   Grape varieties of 100% Vitis labrusca must not be used in BC wines of distinction.

Content of BC wines of distinction

20   BC wines of distinction may be produced only from the complete or partial fermentation of fresh grapes, grape must or grape juice and may contain only substances permitted under the Food and Drugs Act (Canada) and the regulations made under it.

[en. B.C. Reg. 250/2007, s. 10.]

Use of sweet reserve

21   (1) For this section:

"single strength" means grape juice or grape must that has a level of 17.0° Brix or the Brix level of the grape juice or grape must at harvest, whichever is greater;

"sweet reserve" means single strength grape juice that is added to wine as a sweetener.

(2) The use of sweet reserve is permitted for all categories of BC wines of distinction except for Late Harvest wine, Vin du Curé wine, Icewine and Liqueur wine with the descriptor "Natural".

(3) The single strength grape juice used as the sweet reserve must have at least the minimum Brix level specified in Schedule 1 for the appropriate category or subcategory to which it is being added.

(4) The variety, year and location of production of the grapes used to produce the sweet reserve must be included in the identification of the vineyard, varietal content and the vintage of the wine in which the sweet reserve is used.

(5) Sweet reserve in BC VQA wines must not exceed 15% of the total volume of the finished wine.

[am. B.C. Reg. 250/2007, s. 11.]

Chaptalization

22   (1) The limits for chaptalization of BC wines of distinction are as follows:

(a) for wines identified by the name of a prescribed geographical indication other than "British Columbia", the sugar addition must not be greater than 42.5 g (dry basis) per litre of juice or 2.5% alcohol by volume;

(b) for wines identified only by the name of the province, the sugar addition must not be greater than 60.5 g (dry basis) per litre of juice or 3.5% alcohol by volume.

(2) For this section, "chaptalization" means enrichment by the addition of sugar to fresh grapes, grape juice or grape must, before or during fermentation.

(3) The following wines must not be chaptalized:

(a) Vin du Curé wine;

(b) Late Harvested wine;

(c) Liqueur wine with the descriptor "Natural";

(d) Icewine.

[am. B.C. Reg. 250/2007, s. 12.]

Prohibition on the addition of water

23   Water must not be added to a BC wine of distinction for the purpose of increasing the yield and must be added only to the extent necessary for making aqueous solutions of materials permitted in vinification.

Acidification

24   A BC wine of distinction may be acidified by the addition of no more than 4 g/L of food additives in accordance with Part B, Division 16, Table X of the Food and Drug Regulations.

[en. B.C. Reg. 139/2010, s. 5.]

Volatile acidity

24.1   (1) Except for the BC VQA wines set out in subsection (2), the total volatile acidity of a BC wine of distinction, calculated in g/L of acetic acid, must not be more than 1.3 g/L as determined by the Cash Still method of analysis conducted by a laboratory certified or approved by the authority.

(2) The total volatile acidity for the following BC VQA wines must not be more than,

(a) for Icewine, 2.1 g/L,

(b) for Vin du Curé wine, 2.1 g/L,

(c) for Late Harvest wine, 1.5 g/L,

(d) for Select Late Harvest wine, 1.8 g/L,

(e) for Special Select Late Harvest wine, 1.8 g/L, and

(f) for Solera wine, 2.1 g/L.

[en. B.C. Reg. 139/2010, s. 5.]

Deacidification

25   (1) Finished wine may be deacidified, to correspond to the residual sugar level for the categories of wine set out in Table 1 of Schedule 2, by the addition of food additives in accordance with Part B, Division 16, Table X of the Food and Drug Regulations.

(2) Repealed. [B.C. Reg. 250/2007, s. 14.]

[am. B.C. Reg. 250/2007, s. 14.]

Varietal content requirements

26   (1) Subject to subsection (2), in order to use a varietal name on a label, a BC wine of distinction must meet the following criteria:

(a) single-varietal, if the wine consists primarily of one grape variety and at least 85% of the total wine by volume, when measured at a temperature of 20°C, is derived from that variety;

(b) dual-varietal, if the wine consists primarily of two grape varieties and at least 90% of the total wine by volume, when measured at a temperature of 20°C, is derived from those varieties and at least 15% of that percentage is derived from the second of those varieties;

(c) triple-varietal, if the wine consists primarily of three grape varieties and at least 95% of the total wine by volume, when measured at a temperature of 20°C, is derived from those varieties, at least 15% of that percentage is derived from the second of those varieties and at least 10% is derived from the third of those varieties.

(2) For the purposes of subsection (1), a blend of Cabernet Franc and Cabernet Sauvignon is deemed to be one variety of grape if a BC wine of distinction also contains Merlot.

[am. B.C. Reg. 139/2010, s. 6.]

Criteria for use of geographical indications

27   (1) The prescribed geographical indications for BC wines of distinction are set out in section 28.

(2) For the purpose of issuing a wine quality certificate, the origin of a wine produced in British Columbia is to be determined by the origin of the grapes used in vinification.

(3) The use of a prescribed geographical indication is reserved for BC wines of distinction which are

(a) made from

(i) 100% BC grapes if the geographical indication is "British Columbia", or

(ii) 100% BC grapes, 95% of which are grapes grown in the geographical area designated by the prescribed geographical indication, if the prescribed geographical indication is other than "British Columbia", and

(b) produced in a facility located in British Columbia by the holder of a practice standards certificate.

(4) Repealed. [B.C. Reg. 250/2007, s. 15 (d).]

(4.1) Only a BC wine of distinction may bear a prescribed geographical indication.

(5) A winery that applies for a winery licence under the Liquor Control and Licensing Act after December 31, 2006, and after December 31, 2020 any winery, may be issued a wine quality certificate that permits the use of a prescribed geographical indication, other than "British Columbia", only if the certificate is for a wine that meets the requirements for a BC VQA designation.

[am. B.C. Reg. 250/2007, s. 15.]

Geographical indications — areas defined

28   The prescribed geographical indications for BC wines of distinction are the following:

(a) British Columbia: any location in British Columbia;

(b) Fraser Valley: the land within the watershed of the Fraser River basin, south and west of the town of Hope and north of the 49th parallel;

(c) Okanagan Valley: the land within the watershed of the Okanagan water basin;

(c.1) Golden Mile Bench (a subdivision of the Okanagan Valley): the land within the boundaries shown on the map set out in Schedule 6;

(d) Similkameen Valley: the land within the watershed of the Similkameen River;

(e) Vancouver Island: the land within the geographical limits of Vancouver Island;

(f) Gulf Islands: the neighbouring islands of Vancouver Island in the area bounded by the waters of the Pacific Ocean west of British Columbia's mainland coast, north of the Canada/US border and south of the 50th parallel.

[am. B.C. Regs. 250/2007, s. 16; 255/2013, s. 1; 50/2015, s. 1.]

Development of new geographical indications and subdivisions

29   (1) Repealed. [B.C. Reg. 250/2007, s. 17 (a).]

(1.1) In this section, "registrant" means a person registered, under a registration system developed under section 5 (a), as a BC wine grape grower.

(2) The authority must develop a process for recognizing geographical indications in addition to those set out in section 28, and subdivisions of existing prescribed geographical indications, and make recommendations to the minister for those purposes.

(3) The process to be developed under subsection (2) must take into account the following criteria:

(a) a geographical indication or subdivision must represent an area that is geographically distinct and has clearly defined boundaries;

(b) grape production in a proposed geographical area or subdivision must have reached commercially viable levels;

(c) at least two thirds of practice standards certificate holders in a proposed geographical area or subdivision, who produce at least two thirds of the total production of wine made from grapes grown in that area or subdivision, must have voted, by ballot, in favour of the proposed geographical area or subdivision;

(c.1) at least two thirds of registrants in a proposed geographical area or subdivision, who produce at least two thirds of the total grape production in that area or subdivision, must have voted, by ballot, in favour of the proposed geographical area or subdivision;

(d) appropriate consultations must have taken place within the region of the proposed geographical area or subdivision and there must not have been any credible objections that claim that the proposed geographical area or subdivision is not distinctive;

(e) Repealed. [B.C. Reg. 307/2016, s. 10 (c).]

(4) Repealed. [B.C. Reg. 250/2007, s. 17 (a).]

[am. B.C. Regs. 250/2007, s. 17; 307/2016, s. 10.]

Repealed

30-31   Repealed. [B.C. Reg. 250/2007, s. 18.]

Criteria for the use of the name of a vineyard

32   A BC wine of distinction may be identified with the name of the vineyard where the grapes were grown, only if

(a) all of the grapes used were grown within a vineyard located within a geographical area designated by a prescribed geographical indication other than "British Columbia";

(b) the person who produced the wine has registered the name and location of the vineyard with the authority.

[am. B.C. Reg. 250/2007, s. 19.]

Criteria for the use of "Estate Bottled"

33   (1) A BC wine of distinction may be identified with the term "Estate Bottled" only if the following conditions are met:

(a) the wine is produced entirely from grapes grown on land owned or controlled by the bottling practice standards certificate holder;

(b) the land referred to in paragraph (a) is located within a geographical area designated by a prescribed geographical indication other than "British Columbia";

(b.1) at least 85% of the grapes used in the vinification process are grown during the same vintage year;

(c) the bottling practice standards certificate holder crushed or pressed the grapes and processed and bottled the wine;

(d) the wine did not leave the premises of the bottling practice standards certificate holder before being bottled;

(e) the premises referred to in paragraph (d) are located within the same geographical area as where the grapes were grown.

(2) For subsection (1) (a), "controlled by" in reference to property of a person who is a bottling practice standards certificate holder, means property on which the person has the legal right to perform, and does perform, all of the acts common to the cultivation of grapevines under the terms of a lease, rental or similar agreement.

(3) For BC VQA wines

(a) a lease, rental or similar agreement referred to in subsection (2) must be for a term of at least ten years duration and "Estate Bottled" may be used only in the fourth and subsequent years of the term, and

(b) any grape brandy or grape spirit added to a fortified wine must have been distilled within the geographical area, designated by a prescribed geographical indication other than "British Columbia", where the wine was made and by the same bottling practice standards certificate holder as processed the wine.

[am. B.C. Regs. 250/2007, s. 20; 139/2010, s. 3; 50/2015, s. 2.]

Criteria for use of vintage date

34   A BC wine of distinction may not be identified with a vintage date unless at least 85% of the grapes used in the vinification process are grown during the vintage year indicated on the wine's label.

[am. B.C. Reg. 125/2011.]

BC wine of distinction categories

35   The categories of BC wines of distinction are the following:

(a) Table wine;

(b) Blanc de Noirs wine;

(c) Nouveau wine;

(d) Sparkling wine;

(e) Traditional Method Sparkling wine which includes Classical Method Sparkling wine, Méthode Traditionale Sparkling wine and Méthode Classique Sparkling wine;

(f) Méthode Cuvée Close Sparkling wine;

(g) Aromatic Sparkling wine;

(h) Fortified wine;

(i) Liqueur wine;

(j) Solera wine.

[am. B.C. Reg. 250/2007, s. 21.]

BC VQA wine categories

36   The categories of BC VQA wine are the following:

(a) all categories of BC wines of distinction;

(b) Icewine;

(c) Sparkling Icewine;

(d) Late Harvest wine;

(e) Select Late Harvest wine;

(f) Special Select Late Harvest wine;

(g) Vin du Curé wine;

(h) Meritage.

General requirements

37   (1) A practice standards certificate holder that produces a BC wine of distinction or a BC VQA wine must not purposely use the tolerance level of 0.1% to blend off grapes, juice or wine of a different variety or origin.

(2) The minimum Brix level for the grapes used in a BC wine of distinction or a BC VQA wine must comply with the requirements for the applicable category or subcategory of the wine, as set out in Schedule 1.

(3) The alcoholic strength by volume of a category of a BC wine of distinction or a BC VQA wine set out in Column 1 of Table 2 in Schedule 2 must be within the range set out opposite the category in Column 2.

(4) The residual sugar level for a BC wine of distinction or a BC VQA wine must comply with the level set out in Column 2 of Table 1 in Schedule 2 for the applicable category of the wine.

(5) A BC wine of distinction and a BC VQA wine must meet the labelling requirements set out in sections 52 to 55.

(6) Repealed. [B.C. Reg. 250/2007, s. 22 (b).]

[am. B.C. Regs. 250/2007, s. 22; 139/2010, s. 7.]

Blanc de Noirs wine

38   Blanc de Noirs wine may be made only from juice at least 85% of which is derived from red grapes that are separated from the skins before fermentation according to the processes and treatments used in the vinification of white wine.

Nouveau wine

39   (1) The vinification of Nouveau wine must involve at least partial carbonic maceration.

(2) For subsection (1), "carbonic maceration" means a winemaking process in which whole grapes are placed for at least 4 days in a closed tank whose atmosphere is comprised of carbon dioxide resulting either from an external source or from the respiration of the grapes and the fermentation of a part of the crushed grapes, or both.

Sparkling wine

40   (1) For this section:

"expedition liqueur dosage" means a product added to sparkling wine to enhance specific flavour qualities or to maximize fill levels after disgorgement;

"tirage liqueur dosage" means a product added to cuvée to provoke a secondary alcoholic fermentation.

(2) A Sparkling wine may be identified with the terms "Traditional Method", "Classical Method", "Méthode Traditionale", "Méthode Classique" and "Méthode Cuvée Close" only if it is produced in accordance with this section and sections 41 and 42.

(3) For the purposes of this section, tirage liqueur dosage must be produced exclusively from grape must, grape must in fermentation or wine, and may contain one or more of the following:

(a) dried yeast;

(b) yeasts in wine suspension;

(c) sucrose;

(d) concentrated grape must;

(e) rectified concentrated grape must.

(4) Dosage may be used in the vinification of Sparkling wine.

(5) Expedition liqueur dosage must not increase the alcoholic strength of a Sparkling wine by more than 0.5% by volume.

(6) The carbon dioxide content in Sparkling wine must be greater than 300 kPa when measured at a temperature of 10°C and must result exclusively from the alcoholic fermentation of the cuvée from which it was prepared.

(7) The use of artificial carbon dioxide is permitted to maintain counter-pressure during the racking process or the transfer of a finished Sparkling wine from a bulk process tank to bottles, as long as the content of carbon dioxide in the wine does not increase.

(8) The only grapes that may be used to make BC VQA Sparkling wines are the Vitis vinifera varieties listed in Table 1 of Schedule 5.

(9) The only grapes that may be used to make BC VQA Aromatic Sparkling wines are the varieties listed in Table 2 of Schedule 5.

(10) BC VQA Sparkling wines and BC VQA Aromatic Sparkling wines must have an alcoholic strength by volume, including alcohol contained in any expedition liqueur dosage, of not less than 8.5%.

[am. B.C. Reg. 250/2007, s. 23.]

Traditional Method

41   (1) The Traditional Method for the vinification of Sparkling wine requires a secondary alcoholic fermentation in a glass bottle having a maximum capacity of 5 L.

(2) The wine must be separated from its lees by disgorging after a minimum maturation period of nine months on the lees for non-vintage dated wine and 12 months for vintage dated wine.

(3) Unless the wine will be sold in bottles larger than 1.5 litres, the wine must not leave the bottle before final corking and the finished wine must be sold in the bottle in which the secondary fermentation took place.

[am. B.C. Reg. 250/2007, s. 24.]

Méthode Cuvée Close

42   (1) The Méthode Cuvée Close for the vinification of Sparkling wine involves a primary or secondary alcoholic fermentation in a closed vessel having a capacity of at least 5 L.

(2) The duration of the alcoholic fermentation process and the maturation of the cuvée on the lees must be at least 80 days if fermentation takes place in a tank without a mixer and at least 30 days in a tank with a mixer.

(3) The duration of vinification from the start of the alcoholic fermentation, including aging at the location where the wine was made, must be at least six months.

Icewine Dosage

43   (1) A Sparkling wine of the type Icewine Dosage must be produced using the Traditional Method set out in section 41.

(2) Only Icewine that complies with the requirements of section 48 may be added as dosage.

(3) The total volume of Icewine added as dosage must not be less than 10% of the total volume of the finished wine.

Aromatic Sparkling

44   An Aromatic Sparkling wine must meet the requirements of either the Traditional Method or the Méthode Cuvée Close except that

(a) if produced in the Traditional Method, it must be made from cuvée that has matured on the lees for at least 80 days, and

(b) if produced in the Méthode Cuvée Close, it must be made from cuvée that has matured on the lees for at least 30 days.

Fortified wine

45   Fortified wine may be made only from fresh grapes that have been harvested on the vine, to which alcohol has been added for the purpose of fortification.

Liqueur wine

46   (1) Liqueur wine may be made only from fresh grapes that have been harvested on the vine, must have an alcoholic strength by volume exceeding 14.9% and must not contain added alcohol.

(2) BC VQA liqueur wine must not have an alcoholic strength by volume greater than 20%.

[am. B.C. Reg. 250/2007, s. 25.]

Solera wine

46.1   Solera wine must be made by combining wines from a series of at least three barrels, each started in a different vintage year, as follows:

(a) a quantity no greater than 30% of the contents is removed from the oldest barrel in the series and bottled;

(b) the oldest barrel is topped up with wine from the next-to-oldest barrel in the series, which is in turn topped up from the next-to-oldest barrel in the series;

(c) the process continues until the newest barrel in the series is topped up with new wine;

(d) the process described in paragraphs (a) to (c) is repeated only once a year for each series.

[en. B.C. Reg. 250/2007, s. 26.]

Late Harvest wine, Select Late Harvest wine and Special Select Late Harvest wine

47   Late Harvest wine, Select Late Harvest wine and Special Select Late Harvest wine may be made only from fresh, ripe grapes, which have been desiccated on the vine under natural conditions that favour concentration of the sugar in the grapes.

[am. B.C. Reg. 250/2007, s. 27.]

Icewine

48   (1) The only grapes that may be used to make Icewine are

(a) the Vitis vinifera varieties or Vidal Blanc,

(b) grapes that have been naturally frozen on the vine while the air temperature is -8° C or lower, and pressed in a continuous process while the grapes are still frozen, and

(c) grapes grown in a geographical area designated by a prescribed geographic indication other than "British Columbia" and pressed within the same geographical area.

(2) The grapes referred to in subsection (1) must be transported by the most direct route from picking to pressing.

(3) Icewine must not be processed using any artificial method of concentrating the sugar content of fresh grapes, grape juice, grape must or wine, including artificial refrigeration at a temperature below -4°C.

(4) Tank cooling at a temperature below -4° C is prohibited during fermentation and cold stabilization prior to bottling.

(5) The Brix level of any grape juice, or grape must, used to make Icewine must

(a) not be less than 32.0° Brix after each pressing when measured after transfer to the fermentation vessel, and

(b) achieve an average of at least 35.0° Brix respecting combined pressings in the fermentation vessel.

(6) The residual sugar in Icewine at bottling must not be less than 100 g/L.

(7) Residual sugar and alcohol in Icewine must come only from the natural sugar in the grapes.

(8) Practice standards certificate holders who intend to produce Icewine must, in accordance with the procedures established by the authority,

(a) register that intention with the authority, and

(b) provide notice to the authority of the intention to pick grapes to make the Icewine.

[en. B.C. Reg. 250/2007, s. 28; am. B.C. Regs. 139/2010, s. 8; 50/2015, s. 3.]

Additional requirements for Sparkling Icewine

49   In addition to the requirements for Icewine, a Sparkling Icewine must meet the requirements for a Sparkling wine.

Vin du Curé

50   Vin du Curé wine may be made only from fresh grapes that, after harvest, are left to dry on ventilated structures in a dry location until the grapes yield a must with a minimum Brix level of 32.0° when measured after the must has been transferred to a fermentation vessel.

[am. B.C. Reg. 250/2007, s. 29.]

Meritage

51   Wine may be described as "Meritage" only if the wine is composed of a blend of two or more of the following grape varieties and one of those varieties does not make up more than 90% of the wine:

(a) for a red wine, Cabernet Sauvignon, Merlot, Cabernet Franc, Malbec, Petit Verdot, St. Macaire, Gros Verdot and Carmenere;

(b) for a white wine, Sauvignon Blanc, Sémillon and Sauvignon Vert.

[am. B.C. Reg. 250/2007, s. 30.]

Repealed

52   Repealed. [B.C. Reg. 250/2007, s. 31.]

Labelling BC wines of distinction

53   (1) The label of a BC wine of distinction may display one or both of the following:

(a) a prescribed geographical indication;

(b) the name of the grape variety used in the wine or a proprietary name.

(2) If the label of a BC wine of distinction displays a prescribed geographical indication and the appropriate conditions are met, the label may also display one or both of the following:

(a) the name of the vineyard where it was produced;

(b) the term "Estate Bottled".

(3) Repealed. [B.C. Reg. 307/2016, s. 11.]

(4) The category of a BC wine of distinction must be displayed on its label, with the exception of "Table wine".

(5) If the name of the grape variety used in a BC wine of distinction is declared on one or more of its labels, the name of the grape variety must appear immediately before or after the prescribed geographical indication at least once on at least one label.

(6) If a BC wine of distinction has more than one grape variety listed on the label, the varietal names must be listed in descending order of quantity, using identical font, size and colour.

(7) The vintage year may be declared on the label of BC wines of distinction.

(8) The only sweetness descriptors permitted on the label of a BC wine of distinction are those set out in Table 1 of Schedule 2 for the applicable wine category.

[am. B.C. Regs. 250/2007, s. 32; 255/2013, s. 2; 307/2016, s. 11.]

Labelling BC VQA wines

54   (1) The label of a wine presented as a BC VQA wine must display

(a) the appellation "BC VQA", "British Columbia VQA" or "British Columbia Vintners Quality Alliance",

(b) a prescribed geographical indication, and

(c) the name of the grape variety used in the wine or the proprietary name.

(2) Repealed. [B.C. Reg. 307/2016, s. 11.]

(3) Repealed. [B.C. Reg. 250/2007, s. 33 (b).]

(4) If the name of the grape variety used in a BC VQA wine is declared on one or more of its labels, the name of the grape variety must appear immediately before or after the prescribed geographical indication at least once on at least one label.

(5) If the BC VQA wine has more than one grape variety listed on the label, the varietal names must be listed on the label in descending order of quantity, using identical font, size and colour.

(6) The vintage year must be declared on the label of BC VQA wines, except for Sparkling wine, Fortified wine, Liqueur wine and wine that bears a private label.

(7) The only sweetness descriptors permitted on the label of a BC VQA wine are those set out in Table 1 of Schedule 2 for the applicable wine category.

(8) Only Sparkling wine produced using the Traditional Method or Méthode Cuvée Close may bear the appellation "BC VQA" or "British Columbia Vintners Quality Alliance".

(9) The method for vinification must be mentioned on the label for BC VQA Sparkling wine and BC VQA Sparkling Icewine.

[am. B.C. Regs. 250/2007, s. 33; 255/2013, s. 3; 307/2016, s. 11.]

Use of subdivision indications

54.1   If a label displays a subdivision, the label must also display the prescribed geographical indication that applies.

[en. B.C. Reg. 307/2016, s. 12.]

Other specific requirements and permitted terms

55   (1) The label for Late Harvested wine may contain the descriptor "Botrytis Affected" or "Botrytized".

(2) The label for Icewine must name only the grape variety or varieties of the wine.

(3) The label for Sparkling wine and Sparkling Icewine may contain the term "Blanc de Blancs", "Blanc de Noirs", "Fermented in this bottle" and "Rosé".

(4) The label for Liqueur wine may contain the descriptor "Natural".

(5) The label for a wine containing a blend of Merlot and one or both of Cabernet Franc and Cabernet Sauvignon

(a) may use the descriptor "Cabernet Merlot" on the principal display panel, and

(b) must list elsewhere on the label each grape variety used in the wine.

[am. B.C. Regs. 250/2007, s. 34; 139/2010, s. 9.]

Packaging requirements for BC VQA wines

56   (1) All BC VQA wines must be bottled in glass bottles of a standard size.

(2) Only the following bottle closures may be used:

(a) natural cork;

(b) pore-filled (colmated) natural cork, filled with resin or with dust;

(c) cork composite made with natural cork discs;

(d) cork composite (particle or agglomerate);

(e) 100% synthetic;

(f) screw top;

(g) crown cap.

(3) All varieties of cork closures must be of a traditional cylindrical shape of any colour except corks for fortified and liqueur wine, which may be in the shapes that are traditional for those wines.

(4) Bottles of a standard size include bottles of 50, 100, 200, 250, 375, 500 or 750 millilitres, 1, 1.5 or 3 litres and a bottle of any other size authorized for use under the Food and Drugs Act (Canada) and the Food and Drug Regulations.

[en. B.C. Reg. 250/2007, s. 35.]

Definition

1   In this Schedule, "verification officer" means a person engaged by the authority for the purpose of

(a) determining whether a certificate may be issued under this Act, or

(b) ensuring that practice standards certificate holders comply with wine production standards.

Fees payable by certificate holders

2   An applicant for or the holder of a practice standards certificate or a wine quality certificate must pay the fee set out in column 2 opposite the activity described in column 1 of the table.