It's a shame: the SCC has upheld the NB restrictions on importing beer

Discussion in 'Canada' started by MarkMcElman, Apr 19, 2018.

  1. MarkMcElman

    MarkMcElman Initiate (29) Apr 12, 2018 New Brunswick (Canada)

    I understand that the SCC has upheld the NB restrictions on the importation of beer from other provinces. in Canada.
     
  2. Coronaeus

    Coronaeus Crusader (731) Apr 21, 2014 Ontario (Canada)
    Trader

    Ya. I figured this would be the outcome. It is hard to see the law as unconstitutional despite the NB desision. The law simply needs to be changed. Hopefully some day...
     
  3. polloenfuego

    polloenfuego Meyvn (1,422) Jan 26, 2013 Ontario (Canada)

    NB has just banned the import of NS and PEI craft beers to the ANBL provincial liquor stores. Looks like they are taking this ruling to heart and have decided to be the backwards ass govt they promised to be.
     
  4. CurtisD

    CurtisD Disciple (385) Aug 16, 2012 New Brunswick (Canada)

    This is not quite correct....breweries like Picaroons were allowed to sell products from other NB brewers in their retail stores...then recently Picaroons started bringing in stuff from NS and were told they can’t do that. Picaroons were the only ones trying to do this, and it was very small quantities. It is status quote at ANBL stores, NS and PEI craft are well represented and should continue to be. ANBL brings in oodles of stuff from across Canada, the category manager is a cool guy doing a great job.
     
  5. MarkMcElman

    MarkMcElman Initiate (29) Apr 12, 2018 New Brunswick (Canada)

    Gahan in Saint John was also told to stop selling beer it had brewed and canned in PEI (where its canning line is). This despite the fact the ANBL was getting its full cut on all such sales.

    The issue seems to be that ANBL is back to insisting on a monopoly on the sale of beer produced outside the province. The craft brewers can still sell each others' beer so long as it was produced in New Brunswick. And I believe that NS brewers can sell NB beer, so none of this makes any sense.

    Also, the Craft Beer Club ceased its deliveries here and cancelled all subscriptions.
     
  6. MarkMcElman

    MarkMcElman Initiate (29) Apr 12, 2018 New Brunswick (Canada)

    I would say that PEI has good representation at ANBL stores, but I would not say the same for Nova Scotia. If fact, at the moment I really can't think of anything beyond Garrison and Propeller.
     
  7. CurtisD

    CurtisD Disciple (385) Aug 16, 2012 New Brunswick (Canada)

    Tatamagouche has the North Shore Kolsch listed but not often supplied....they are stretched right now. Spindrift has regular listings, right now ANBL is stocking Killick and Abyss. 2 Crows has two listings on the way.

    The main problem is most NS brewers are already selling everything they can make in their local markets.
     
  8. polloenfuego

    polloenfuego Meyvn (1,422) Jan 26, 2013 Ontario (Canada)

    Ooops, the article I read was implying it was a province wide thing. They later corrected.

    I have to say, I don't disagree with the ruling. NB has to promote the industry and allowing brewers to sell each other's beer makes sense (HELLO ONT GOVT...pay attention). Bringing in beer from NS and PEI to non-ANBL locations seems to defeat the purpose of that cross-promotion.
     
  9. MarkMcElman

    MarkMcElman Initiate (29) Apr 12, 2018 New Brunswick (Canada)

    Unless NS and PEI use this as a pretext to stop allowing their craft brewers to sell NB craft beer (which gets them great exposure).

    I personally believe that it is best for the local industry if beer is able to get to pockets of greatest demand without arbitrary and needless government interference. I expect that right now ANBL is paying people to chose the best beer to list. The market is prepared to do this work for free (and will likely do a better job). Plus they are already selling tons of out-of-province beer out of the ANBL stores.
     
  10. CurtisD

    CurtisD Disciple (385) Aug 16, 2012 New Brunswick (Canada)

    The problem if you let breweries sell out of province beer, you are creating de facto private liquor stores. So I see their point.

    The beer people at ANBL are working hard to eliminate red tape....allowing direct distribution without passing through the ANBL warehouse, etc.
     
  11. MarkMcElman

    MarkMcElman Initiate (29) Apr 12, 2018 New Brunswick (Canada)

    You're right - that's a good point. Hadn't thought of that.
     
  12. JonnyBeers

    JonnyBeers Disciple (350) Oct 24, 2012 British Columbia (Canada)

    BC doesn't seem so draconian after all reading the above posts.
     
  13. Hal_Hickey

    Hal_Hickey Initiate (61) Oct 17, 2014 British Columbia (Canada)

    Yeah, we might as well have our governments brew and bottle the beer too... Whoops, hope they aren't reading this.
     
  14. Hal_Hickey

    Hal_Hickey Initiate (61) Oct 17, 2014 British Columbia (Canada)

    They could call it Nanny Ale and We Know Whats Best For You Lager.
     
    JonnyBeers likes this.
  15. CaptainMurphy

    CaptainMurphy Initiate (40) Sep 5, 2014 Nova Scotia (Canada)
    Trader

    NB is very much backwards on their liquor laws, even moreso than NS. In fact, there's a 2007 signed agreement between ANBL and NSLC that specifically states each province must treat micro beer equally no matter where it's made. The ANBL decision to allow NB craft to be sold from breweries but not NS beer goes directly against this. Then again, ANBL is the one that must enforce the agreement.

    CBANS is already raising a stink (as they should as an industry group), and the first thing I can see happening is that NB kegs coming into NS will have their taxes raised. They are currently taxed less than NS kegs. A more drastic measure would be to disallow NS restaurants from ordering kegs directly from NB brewers. ANBL can't really complain because they are already ignoring the 2007 agreement.
     
  16. CaptainMurphy

    CaptainMurphy Initiate (40) Sep 5, 2014 Nova Scotia (Canada)
    Trader

    Regarding NB's importation laws, it is actually illegal to possess more than 12 pints of beer that was purchased or gifted from outside of NB (i.e. every BA'er from NB has an illegal beer cellar). On the QC border they actively look for people bringing in an excess of beer, on the NS border they don't care, and on the ME border they happily accept taxes collected by CBSA on everything over 8L.

    Technically they could wait for you to declare your beer and pay your tax, then stop you for being over the provincial limit, confiscate all your beer and give you a nice Comeau fine. Of course the federal limit would likely prevail if you took it to court.

    http://laws.gnb.ca/en/showfulldoc/cs/L-10/#codese:43
     
    #16 CaptainMurphy, May 1, 2018
    Last edited: May 1, 2018
  17. polloenfuego

    polloenfuego Meyvn (1,422) Jan 26, 2013 Ontario (Canada)

    That law will never be changed until the NB government stands up to Moosehead. Unfortunately,this is not going to happen soon.

    As to the Maritime Beer Accord, according to the NB government,this was never signed .
     
  18. CaptainMurphy

    CaptainMurphy Initiate (40) Sep 5, 2014 Nova Scotia (Canada)
    Trader

    This is too funny. First ANBL claimed it was done in 2007 before craft beer was a thing, then they claimed it was only a handshake deal and never signed. The reality is that it was written as the beginning of a larger agreement than was never written, but this agreement was definitely signed and enforceable, according to people I've spoken to. Again, it's solely up to ANBL to enforce. I would be curious to see what would happen if Picaroons kept selling NS beer and fought ANBL in court.

    Here's the only copy of the agreement I've seen:

     
  19. polloenfuego

    polloenfuego Meyvn (1,422) Jan 26, 2013 Ontario (Canada)

    @CaptainMurphy seems about right for the NB govt. Let's pretend it never happened.

    *For those who don't know...I lived in NB for 20 years. I love that province, but they are so backwards on so many laws.
     
  20. polloenfuego

    polloenfuego Meyvn (1,422) Jan 26, 2013 Ontario (Canada)