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This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here. |
Contents
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1 In this Act:
"institute" means the British Columbia Wine Institute continued under section 2;
"processor" means a person who makes wine for commercial purposes;
"producer" means a person who grows wine grapes for commercial purposes;
"wine" means wine made only from grapes grown in British Columbia or grape juice, grape concentrate or grape must produced from those grapes.
2 (1) The corporation known as the British Columbia Wine Institute is continued.
(2) The institute consists of at least 7 members appointed by the Lieutenant Governor in Council plus one non-voting member designated by the minister from the minister's staff.
(3) The Lieutenant Governor in Council must ensure that various aspects of the wine industry are represented among the members of the institute.
(4) An appointment to the institute is during pleasure for a term of not more than 4 years but a person may be reappointed for further terms.
(5) The institute may make bylaws governing its procedure.
(6) The institute must elect a chair and vice chair from among its members.
3 Each producer and each processor must
(a) apply for registration with the institute in the form established by the institute, and
(b) comply with the relevant bylaws passed by the institute and any other requirements.
4 (1) By bylaw, the institute may do one or more of the following:
(a) establish minimum standards for wine, to be adhered to by processors and set additional standards for different regions of British Columbia;
(b) establish a word, phrase, symbol or label by which a processor whose wine has been certified by the institute as meeting the relevant standards established under paragraph (a) may, at the processor's option, describe, label or advertise that wine as meeting the standards;
(c) establish a levy to be paid by all processors, which may be based on one or more of the following:
(i) the amount of grapes used;
(ii) the amount of grape juice or concentrate used;
(iii) the amount of must used;
(iv) the volume of wine produced or sold;
(d) establish a levy to be paid by all producers based on the amount of grapes produced or sold;
(e) establish fees for registration, certification of wines and testing of wines.
(2) The institute may do one or more of the following:
(a) require a producer or processor to supply information the institute considers necessary;
(b) expend money raised by a levy for
(i) administrative expenses,
(ii) promotion of wine,
(iii) enforcement of standards,
(iv) market research and development,
(v) viticulture research and development, and
(vi) creating and maintaining an information base to be made available to government and other persons;
(c) require a processor to supply samples of wine for the purpose of determining whether or not the wine complies with the required standards;
(d) suspend, cancel or vary the certification of a wine that does not comply with the required standards.
(3) A bylaw under subsection (1) (a) or (e) does not come into force until it is approved by the Lieutenant Governor in Council.
(4) The bylaws of the institute must be open to inspection during regular office hours at the institute office.
5 (1) The Lieutenant Governor in Council may issue a direction to the institute or its members specifying the factors, criteria and guidelines that the institute or members must or must not use in exercising its powers.
(2) The institute or its members must comply with any general or special direction made by the Lieutenant Governor in Council.
6 The institute must prepare an annual report that must include financial statements prepared by an auditor qualified to be the auditor of a reporting company under section 180 of the Company Act.
7 (1) Once a year, the institute must hold a general meeting of which notice must be given to each producer and processor.
(2) The annual report must be presented at the meeting.
8 (1) Section 5 of the Offence Act does not apply to this Act.
(2) A producer or processor who carries on business without being registered under this Act commits an offence.