SUMMARY

Short Title

Short title

1 This Act may be cited as the Alcoholic Beverage Promotion Prohibition Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

alcoholic beverage means a beverage containing 1.‍1% or more ethyl alcohol by volume. (boisson alcoolique)

brand element includes a brand name, trademark, trade name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with or that evokes

• (a)  an alcoholic beverage; or

• (b) a brand of alcoholic beverage. (élément de marque)

brand-preference promotion means promotion of an alcoholic beverage by means of its brand characteristics. (promotion de marque)

informational promotion means a promotion by which factual information is provided to the consumer about

• (a)  an alcoholic beverage or its characteristics;

• (b) the availability or price of an alcoholic beverage or brand of alcoholic beverage. (promotion informative)

inspector  means an individual designated as an inspector under subsection 13(1). (inspecteur)

label includes a legend, word or mark that is or is to be applied or attached to or included in — or that accompanies or is to accompany — an alcoholic beverage. (étiquette)

Minister means the member of the King’s Privy Council for Canada designated as the Minister under section 3. (ministre)

package means any inner or outer container or covering. (emballage)

promote, in respect of a thing or service, means to make, for the purpose of selling that thing or service, a representation about that thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs or behaviours about that thing or service. (promotion)

young person means an individual under 18 years of age. (jeune)

Designation

Designation of Minister

3 The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.

Purpose

Purpose of Act

4 The purpose of this Act is to protect young persons and others from inducements to consume alcoholic beverages, in order to

• (a) protect public health; and

• (b) reduce the social costs associated with the consumption of alcoholic beverages.

PART 1 

Promotion of Alcoholic Beverages

Non-application

5 Subject to the regulations, this Part does not apply to

• (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts an alcoholic beverage or a brand element of an alcoholic beverage, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;

• (b) a report, commentary or opinion about an alcoholic beverage or a brand element of an alcoholic beverage if no consideration is given, directly or indirectly, for the reference to the alcoholic beverage or brand element in that report, commentary or opinion; or

• (c) a promotion, by a person that produces, distributes or sells alcoholic beverages, that is directed at any person that produces, distributes or sells alcoholic beverages but is not directed, either directly or indirectly, at consumers.

Promotion

6 (1) Unless otherwise authorized under this Act, it is prohibited to promote an alcoholic beverage, including

• (a) by communicating information about its price or distribution;

• (b) by doing so in a manner that creates reasonable grounds to believe the promotion could be appealing to young persons;

• (c) by means of a testimonial or endorsement, however displayed or communicated;

• (d) by means of the depiction of a person, character or animal, whether real or fictional; or

• (e) by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life, such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Exception — informational promotion

(2) Subject to the regulations, a person may promote an alcoholic beverage by means of informational promotion or brand-preference promotion if the promotion is

• (a) in a communication addressed and sent to an individual who is 18 years of age or older and identified by name;

• (b) in a place where young persons are not permitted by law;

• (c) communicated by means of a telecommunication if the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

• (d) in a prescribed place; or

• (e) done in a prescribed manner.

Exception — point of sale

(3) Subject to the regulations, a person may promote an alcoholic beverage at the point of sale if the promotion indicates only its availability, its price or its availability and price.

Exception — brand element on other things

(4) Subject to the regulations, a person may promote an alcoholic beverage by displaying a brand element on a thing that is not an alcoholic beverage, other than

• (a) a thing associated with young persons;

• (b) a thing that there are reasonable grounds to believe could be appealing to young persons; or

• (c) a thing associated with a way of life, such as one that includes glamour, recreation, excitement, vitality, risk or daring.

For greater certainty

(5) For greater certainty, a person may include on a package or label of an alcoholic beverage information that is required or permitted to be included on the package or label under an Act of Parliament or regulations made under any such Act.

False promotion

7 It is prohibited to promote an alcoholic beverage in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, safety, health effects or health risks.

Use of certain terms, etc.

8 It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 15(e) in the promotion of an alcoholic beverage.

Sponsorship

9 It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly, in a promotion used in the sponsorship of a person, entity, event, activity or facility:

• (a) a brand element of an alcoholic beverage; or

• (b) the name of a person that produces, distributes or sells alcoholic beverages.

Name of facility

10 If a facility is used for a sports or cultural event or activity, it is prohibited to display on that facility, as part of the name of the facility or otherwise,

• (a) a brand element of an alcoholic beverage; or

• (b) the name of a person that produces, distributes or sells alcoholic beverages.

Publication, etc.‍, of prohibited promotions

11 (1) It is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 6 to 10.

Exception

(2) Subsection (1) does not apply to

• (a) the distribution for sale of an imported publication;

• (b) broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by

  • (i) a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion inserted by the undertaking, or

  • (ii) an online undertaking, as defined in that subsection 2(1), that is lawful under that Act, in respect of the retransmission of programs over the Internet, other than the broadcasting of a promotion inserted by the undertaking; and

• (c) a person disseminating a promotion if they did not know, at the time of the dissemination, that it includes a promotion prohibited under any of sections 6 to 10.

Inducements

12 (1) Unless authorized under this Act, it is prohibited for a person that sells alcoholic beverages to provide or offer to provide

• (a) an alcoholic beverage if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of any thing or service or the provision of any service;

• (b) any thing that is not an alcoholic beverage, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of an alcoholic beverage; or

• (c) any service if it is provided or offered to be provided as an inducement for the purchase of an alcoholic beverage.

Exception

(2) Subject to the regulations, subsection (1) does not apply in respect of a person that sells alcoholic beverages if that person provides or offers to provide any thing, including an alcoholic beverage, or service referred to in any of paragraphs (1)‍(a) to (c) to a person that produces, distributes or sells alcoholic beverages.

PART 2 

Administration and Enforcement

Designation of inspectors

13 (1) For the purposes of administering and enforcing this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

Certificate of designation

(2) Each inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 14(1), an inspector must, on request, produce the certificate to the person in charge of the place.

Power to enter

14 (1) Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds that

• (a) an alcoholic beverage is promoted;

• (b) there is anything used in the promotion of an alcoholic beverage; or

• (c) there is any information relating to the promotion of an alcoholic beverage.

Other powers

(2) The inspector may, in the place entered under subsection (1),

• (a) examine a thing referred to in paragraph (1)‍(b) that is found in the place;

• (b) order any person to produce for examination, in the manner and form requested by the inspector, a thing referred to in paragraph (1)‍(b);

• (c) open and examine any receptacle or package that the inspector believes, on reasonable grounds, may contain any thing referred to in paragraph (1)‍(b);

• (d) examine, make copies of or take extracts from any relevant record, report, electronic data or other document;

• (e) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (d);

• (f) reproduce any document from any electronic data referred to in paragraph (d) — or cause it to be reproduced — in the form of a printout or other output;

• (g) take the record, report or other document referred to in paragraph (d) or the printout or other output referred to in paragraph (f) for examination or copying;

• (h) use or cause to be used any copying equipment at the place to make copies of any document;

• (i) take photographs and make recordings and sketches;

• (j) seize and detain, in accordance with this Part, any thing found in the place that the inspector believes, on reasonable grounds, is something by which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;

• (k) order the owner or person having possession of any thing that is found in the place and that is subject to the provisions of this Act or the regulations to move that thing or, for any time that may be necessary, not to move it or to restrict its movement;

• (l) order the owner or person having possession of any conveyance found in the place and that the inspector believes, on reasonable grounds, contains any thing to which the provisions of this Act or the regulations apply to stop that conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• (m) order any person in that place to establish their identity to the inspector’s satisfaction; and

• (n) order a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.

Means of telecommunication

(3) For the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.

Limitation — access by means of telecommunication

(4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

Individual accompanying inspector

(5) The inspector may be accompanied by any other individual whom the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

Entering private property

(6) The inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

Warrant required to enter dwelling-house

(7) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (8).

Authority to issue warrant

(8) On ex parte application, a justice may issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (2)‍(a) to (n), subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsection (1);

• (b)  entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations; and

• (c) entry to the dwelling-house has been refused or reasonable grounds exist to believe that entry will be refused.

Use of force

(9) In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Means of telecommunication

(10) An application for a warrant under subsection (8) may be submitted and the warrant may be issued by a means of telecommunication, and section 487.‍1 of the Criminal Code applies for those purposes, with any necessary modifications.

Assistance to inspector

(11) The owner or other person in charge of a place that an inspector enters under subsection (1), and every individual found there, must give the inspector all reasonable assistance in their power and provide the inspector with any information the inspector may reasonably require.

Storage and notice

(12) An inspector who seizes a thing under this section may

• (a) store it or move it to another place, on notice to and at the expense of its owner or the person having possession of it at the time of its seizure; or

• (b) order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.

Return by inspector

(13) If an inspector determines that, to verify compliance or prevent non-compliance with the provisions of this Act or the regulations, it is no longer necessary to detain any thing seized under this section, the inspector must notify in writing the owner or other person in charge of the place where the seizure occurred based on that determination and, on being issued a receipt for it, must return the thing to that person.

Return or disposition by Minister

(14) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with under subsection (13), it must be returned, disposed of or otherwise dealt with under the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

PART 3 

Regulations

Regulations

15 The Governor in Council may make regulations

• (a) respecting the promotion of alcoholic beverages and their brand elements;

• (b) prescribing the places and manner in which a person may promote an alcoholic beverage by means of informational promotion or brand-preference promotion under paragraphs 6(2)‍(d) and (e), respectively;

• (c) respecting the promotion, at the point of sale, of alcoholic beverages and brand elements, including their display;

• (d) respecting, for the purposes of subsection 6(4), the manner in which a brand element may be displayed on a thing that is not an alcoholic beverage;

• (e) for the purposes of section 8, prohibiting the use of terms, expressions, logos, symbols or illustrations;

• (f) respecting exceptions to the prohibition under subsection 12(1);

• (g) respecting the powers and duties of inspectors;

• (h) respecting the costs of anything required or authorized under subsection 14(2);

• (i) prescribing anything that is to be prescribed by this Act; and

• (j) generally for carrying out the purposes of this Act.

PART 4 

Offences and Punishment

General

16 Every person that contravenes a provision of this Act for which no punishment is otherwise provided by this Act, or that contravenes a provision of a regulation or an order made under section 14, is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Promotion offences

17 Every person that contravenes subsection 6(1), section 7, 8, 9 or 10 or subsection 11(1) or 12(1) is guilty of an offence and liable,

• (a) on summary conviction, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or

• (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.

Offences by corporate officers, etc.

18 If a person other than an individual commits an offence under section 17, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and liable on conviction to the punishment provided for in this Act even if the person is not prosecuted for the offence.

Continuing offence

19 If an offence under section 17 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Employees or agents or mandataries

20 In a prosecution for an offence under section 17, it is sufficient proof of the offence to establish that it was committed by any employee or agent or mandatary of the accused even if the employee or agent or mandatary is not identified or is not prosecuted for the offence.

Due diligence defence

21 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.

Limitation period

22 No prosecution for a summary conviction offence under this Act may be instituted after two years after the time when the subject-matter of the proceedings arose.

Venue

23 A prosecution for an offence under this Act may be instituted, heard, tried and determined by a court in any jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

Exception need not be pleaded

24 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under this Act.

Proof of exemption

(2) In a prosecution for an offence referred to in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused, and the prosecutor is not required, except by way of rebuttal, to prove that it does not operate in favour of the accused, whether or not it is set out in the information or indictment.

PART 5 

Coming into Force

First anniversary

25 This Act comes into force on the earlier of

• (a) a day to be fixed by order of the Governor in Council; and

• (b) the first anniversary of the day on which this Act receives royal assent.