Definitions

1  In this regulation:

"Act" means the Agri-Food Choice and Quality 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 British Columbia Wine Authority appointed under section 2 as the administrator of the wines of marked quality program;

"BC VQA wine" means wine produced entirely from grapes, grown within British Columbia, that has been certified as meeting the standards set out in this regulation;

"BC wine of distinction" means a wine, which is made 100% from grapes grown in British Columbia, but allowing for a variance of up to 0.1% for unintended residue caused by a processing line change as provided in section 37 (1);

"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;

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

"grape juice" means a non-alcoholic beverage obtained from fresh grapes or grape must that is used as the fermentable grape product in winemaking;

"grape juice concentrate" means uncaramelized grape juice obtained by the partial dehydration of grape juice of which the minimum Brix level is 45;

"grape must" means the liquid product, obtained by crushing fresh grapes, that has an alcoholic strength by volume of not more than 0.5% at a temperature of 20°C;

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

"label" means any display of printed or graphic symbols that are present on a bottle or container of wine or that are associated with a wine;

"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;

"process" , in relation to a wine, means the physical, chemical and biochemical oenological practices and treatments that are recognized as good manufacturing practices acceptable in the production and packaging of wine;

"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.

British Columbia Wine Authority

2  The British Columbia Wine Authority is appointed as the administrator of the wines of marked quality program.

Wines of marked quality program established

3  The wines of marked quality program, an agri-food quality program, is established

(a) to certify producers as meeting the prescribed standards for the use of prescribed terms in respect of BC wines of distinction, and

(b) to administer the prescribed standards.

Entitlement to use prescribed terms for wines

4  The following terms are prescribed 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.

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 wineries and 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) develop a system to recognize new geographical indications of wines for British Columbia;

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

(e) develop the standards for the use of geographical indications in respect of wines produced in British Columbia.

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.

Conflict of interest rules

8  (1)  The following individuals must not be directly involved in the wine industry:

(a) a director of the authority;

(b) an employee of the authority;

(c) an individual or an employee of a person engaged by the authority to carry out a function of the authority;

(d) an expert wine taster selected for the purposes of paragraph (c);

(e) an inspector or auditor.

(1.1)  Subsection (1) (a) does not apply to an individual serving as a first director as described in section 3 (1) of the Society Act.

(2)  For the purposes of subsection (1), an individual is involved in the wine industry if the individual

(a) is involved in or benefits financially from a wine production or wine marketing business,

(b) is involved in or benefits financially from grape growing,

(c) is involved in or benefits financially from wine processing either as a person registered under section 11 or as an employee or agent of a person registered under section 11,

(d) is an agent of a winery, or

(e) is an individual who has acted as a consultant to a winery within the previous 2 years.

(3)  For the purposes of this regulation, the authority must determine whether an individual is an individual directly involved in the wine industry.

[am. B.C. Reg. 337/2005.]

Wine Industry Advisory Committee

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

(2)  Appointments 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.

Insurance

10  The authority must purchase insurance for the authority, directors, inspectors and employees of the authority 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.

Register

11  (1)  The authority must maintain a register of persons who hold certificates under this regulation.

(2)  The authority may remove a person from the register maintained under subsection (1) if the person

(a) fails to maintain their licence as a winery under the Liquor Control and Licensing Act,

(b) is a certificate holder who fails to pay their fees to the authority under section 14, or

(c) fails to comply with a requirement under section 12 (7) or (8), section 16 or subsection (3) of this section.

(3)  A person registered under this section 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.

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) produces a BC wine of distinction,

(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.

(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.

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 processed in the previous year and intended for production in the calendar year for which the fee is calculated.

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

(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 an individual wine assessment must be submitted with the application for certification of that wine.

(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%.

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 respecting conflict of interest and rules of conduct for members of taste-testing panels, inspectors 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) establish qualifications for and a list of individuals qualified for appointment as inspectors by the minister under section 4 of the Act;

(e) develop and manage a system to certify laboratories for chemical wine evaluation in British Columbia;

(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 and other procedures to ensure the integrity, objectivity and reputation of the wine testing process;

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

(l) establish a process to review the results of individual taste tests;

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

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)  Records required under this section must be kept for 5 years after the finished wine has left the premises of the practice standards certificate holder.

Wine 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) be eligible to bear a prescribed geographical indication;

(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.

Grape varieties

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

Production of 100% grape content wines

20  (1)  BC wines of distinction may be produced only from the complete or partial alcoholic fermentation of fresh grapes, grape juice or grape must, except for the food additives permitted under this regulation.

(2)  The use of grape juice concentrate in BC wines of distinction is prohibited.

Use of sweet reserve

21  (1)  For this section:

"single strength" means grape juice or grape must that has a level of 17° 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 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.

Chaptalization

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

(a) for wines identified by the name of a viticultural area, 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".

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  (1)  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.

(2)  Except for the BC VQA wines set out in subsection (3), 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.

(3)  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, and

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

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)  A BC wine of distinction may only contain substances permitted under the Food and Drugs Act (Canada) and the regulations made under it.

Varietal content requirements

26  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.

Geographic indications: general requirements

27  (1)  The prescribed geographical indications for wines produced in British Columbia are set out in section 28.

(2)  For the purpose of issuing a 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 provincial geographical indication is reserved for wines made from 100% BC grapes from that geographical area and produced in a facility located in British Columbia by the holder of a practice standards certificate.

(4)  A wine that bears a geographical indication

(a) must meet all the requirements for a 100% BC grape content wine,

(b) must meet the chemical standards set out in sections 24 and 25, and

(c) must not exceed the sulphur limits set out in the Food and Drug Regulations.

(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 only if the certificate is for a wine that meets the requirements for a BC VQA designation.

Geographical indications: areas defined

28  The geographical indications for British Columbia wines 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;

(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) BC 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.

Development of new geographical indications and subdivisions

29  (1)  For this section, "geographical area" means the area represented by a geographical indication.

(2)  The authority must develop a process for recognizing geographical indications in addition to those set out in section 28, and subdivisions of existing viticultural area 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) practice standards certificate holders in a proposed geographical area or subdivision must have reached a high level of consensus for creating the proposed geographical area or subdivision, based on the numbers of practice standards certificate holders and total production within 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) wines produced in a proposed subdivision must consistently demonstrate distinctive characteristics related to shared soil, topography and climate, enhanced by the adoption of specific production practices.

(4)  For the purposes of this section, the authority may develop guidelines

(a) for defining the appropriate level of consensus based on the number of practice standards certificate holders and their total production within a geographical area or subdivision,

(b) for a consultative process to be followed in order to create a geographical area or subdivision, and

(c) for assessing the credibility of objections to any proposed geographical area or subdivision.

Criteria for use of British Columbia as a geographical indication

30  A BC wine of distinction may be identified with the geographical indication "British Columbia" or "BC" only if 100% of the grapes used in vinification are grown within British Columbia.

Criteria for use of viticultural area geographical indications

31  A BC wine of distinction may be identified with a viticultural area geographical indication only if 100% of the grapes used in vinification are grown within the area designated by the viticultural area geographical indication.

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) 100% of the grapes used were grown within a vineyard located within a viticultural area designated by a prescribed geographical indication, and

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

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 during the same vintage year, on land owned or controlled by the bottling practice standards certificate holder;

(b) the land referred to in paragraph (a) is located within a viticultural area designated by a prescribed geographical indication;

(c) the bottling practice standards certificate holder completed all steps in vinification, as well as the bottling;

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

(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 viticulture under the terms of a lease, rental or similar agreement.

Criteria for use of vintage date

34  A BC wine of distinction may not be identified with a vintage date unless at least 95% of the grapes used in the vinification process are grown during the vintage year indicated on the wine's label.

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;

(f) Méthode Cuvée Close Sparkling wine;

(g) Aromatic Sparkling wine;

(h) Fortified wine;

(i) Liqueur wine.

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 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 must comply with the requirements for the applicable category or subcategory of the wine, as set out in Schedule 1.

(3)  Except for Table wine, the alcohol content of a BC wine of distinction must comply with the level set out in Schedule 2 for the category or subcategory of the wine and be derived exclusively from the fermentation of sugar contained in the grapes.

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

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

(6)  A BC VQA wine must meet the taste assessment requirements set out in Schedule 3.

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" 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.

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)  At no time may the wine leave the bottle before final corking and the finished wine must be sold in the bottle in which the secondary fermentation took place.

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  Liqueur wine may be made only from fresh grapes that have been harvested on the vine, must have an alcoholic content exceeding 14.9% and must not contain added alcohol.

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, some of which have been desiccated on the vine under natural conditions that favour concentration of the sugar in the grapes.

Icewine

48  (1)  Icewine may be made only from 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.

(2)  The vinification of Icewine must not use frozen concentrate or artificial refrigeration of the fresh grapes, juice, must or wine at a temperature below -4°C.

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

(4)  The grapes used in Icewine must be pressed within the viticultural area in which they are grown.

(5)  The juice obtained from each pressing of the grapes must have the minimum Brix level set out in Schedule 1.

(6)  The calculation of the minimal Brix level must be made after the wine has been transferred to the fermentation vessel.

(7)  The average Brix level of the must used to make Icewine must not be less than the minimum Brix level set out in Schedule 1 and must meet the following standards:

(a) the Brix level of the juice after each pressing must be at least 32° Brix when measured after transfer to the fermentation vessel;

(b) the finished wine must be produced from a must that achieves a computed average of at least 35° Brix.

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° when measured after the must has been transferred to a fermentation vessel.

Meritage

51  Wine may only be described as "Meritage" if the wine is composed entirely of the following grape varieties and a single wine 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, Semillon Sauvignon Vert and Muscadelle.

General labelling requirements

52  In addition to the requirements set out in sections 54 and 55, BC wines of distinction must meet the packaging and labelling requirements set out in the Food and Drugs Act (Canada), the Consumer Packaging and Labelling Act (Canada) and the regulations made under those Acts.

Label contents: optional

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 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)  Any descriptor or name used on a label of BC wine of distinction must not be misleading to the consumer as to the wine's quality, content or origin, including the names of countries or foreign geographical indications.

(4)  The category of a BC wine of distinction must be displayed on its label.

(5)  If the name of the grape variety used in a BC wine of distinction is declared on the label, it must appear immediately before or after the geographical indication.

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

(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.

Label contents: required

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 protected geographical indication, and

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

(2)  Any descriptor or name used on a label of BC VQA wine must not be misleading to the consumer as to the wine's quality, content or origin, including the names of countries or foreign geographical indications.

(3)  The category of a BC VQA wine must be declared on its label.

(4)  If the name of the grape variety used in the BC VQA wine is declared on the label, it must appear immediately before or after the geographical indication.

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

(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 Sparkling wine and Sparkling Icewine.

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 may name only the grape variety 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".