An Act to amend the Excise Act, 2001 (spirits)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ben Lobb  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Sept. 21, 2016
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Excise Act, 2001 to provide that, in the case of certain spirits, different rates of duty are imposed based on the quantity produced.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Sept. 21, 2016 Failed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:35 a.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I would also like to thank the member for Huron—Bruce for bringing the bill before us. The bill supports small distilleries and small businesses across Canada, and as such, I am happy to support it at this stage. However, I think it could be improved.

As my colleague from Cowichan—Malahat—Langford said, this is not a bill about international trade; it is a bill about increasing Canadian distilleries' share of this market. It is certainly not a bill that touches at all on middle-class tax breaks.

The craft distillery industry is booming in Canada. Four years ago, there were only nine distilleries of any size in British Columbia. There are now 34 craft distilleries there, small distilleries, and there will be 44 by next year. They are springing up in my riding. My old doctor's office in Naramata is now a craft distillery. I will not go on to try to relate that to the health care situation in Canada, but it just shows the growth of this industry, both locally in my riding and across the country.

These businesses are creating good jobs, providing high-quality products, and diversifying the economy of many small communities across the country, and we should do whatever we reasonably can to support them.

In my riding, two of the important primary economic drivers are agriculture and tourism, and increasingly, the real growth in the regional economy is at the intersection of those two sectors.

The obvious example is the phenomenal expansion of the estate winery sector in British Columbia and in other parts of Canada. In the south Okanagan, wineries have really boosted both the agricultural sector, through good markets for grapes and good prices for farmers, and the tourism sector, filling in the spring and fall shoulder seasons with thousands of visitors tasting at wineries.

Distilleries have begun to provide the same benefits locally. As I said, a few years ago, there was only one distillery in my riding. There are now five, and more are planned. These are true craft distilleries. Under B.C. regulations, they are restricted to 50,000 litres of alcohol production per year, and they must use B.C. agricultural products to make that alcohol.

These regulations differ across the country. In Nova Scotia, I believe craft distilleries are restricted to 75,000 litres per year, and I think it is 100,000 litres in Ontario. From what I understand, neither of these provinces require that distilleries use Canadian grains to produce that alcohol. Some distilleries simply import raw alcohol to produce their spirits. However, in my riding, and throughout British Columbia, craft distilleries are required to use local products, and for a good reason. They create jobs in our country and produce spirits that are truly local in origin.

Okanagan distillers use Okanagan grains to make alcohol and often use Okanagan fruit to flavour specialty liqueurs. One of the oldest distilleries in my riding, Maple Leaf Spirits, in Penticton, uses apricots from literally the orchard next door, right across the fence, to make one of its liqueurs. This is precisely what brings visitors to these craft distilleries. They want to taste and purchase products that are carefully made, literally handmade, and unique to our region.

Like the member for Winnipeg North, I do not indulge in spirits that often, but I do like to have a cold gin and tonic on some of the hot Okanagan days in summer. This summer I had a friend come up from Vancouver to stay with us in the Okanagan. She was taking advantage, as many visitors do, of the warm lakes and fine wines of the region. She often brings a selection of wines with her, and we enjoy the summer evenings tasting the new vintages, but this time, she arrived with four different gins, including one from a distiller in my neighbourhood, the Dubh Glas Distillery, in Oliver. We did a blind taste test, and I was surprised by the variation. I had always thought that a gin was a gin was a gin and that it did not really matter what we mixed in with our tonic. Happily, I found out that the locally produced gin was far superior in taste, in my opinion, to the others.

It is this superior quality and unique flavour that is driving the growth in the craft distilling industry. It is the same process that has driven growth in the local wine industry. We have helped out that industry with various incentives, and our efforts have paid off handsomely, with a vibrant wine industry in several parts of the country.

One of the things we did to help small Canadian wineries was eliminate the excise tax on wines that use Canadian grapes. This helped them compete with imported wine. We should do the same for craft distilleries.

This legislation, which would lower the excise tax to $6 per litre, is okay as a first step, but we should really provide incentives for the small distilleries that are producing excellent, truly handcrafted products. They distill their own raw alcohol using Canadian grains and therefore contribute to the Canadian economy both in the agricultural sector and the tourism sector.

We should match the tax breaks we gave wineries by having an excise tax exemption for craft distilleries that produce less than 50,000 litres of alcohol per year and produce it from Canadian products.

I am happy to support the bill at this stage. We should provide all the reasonable assistance we can for this thriving industry, assistance that will help small businesses and farms across the country. However, I hope it can be amended at committee to really stimulate the growth of truly excellent craft distilling.

Cheers.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:40 a.m.


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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Mr. Speaker, it is great to be back in the House for the fall session, and indeed an honour to speak to Bill C-232, an act to amend the Excise Act, 2001 (spirits). I want to thank my colleague, the member for Huron—Bruce, for bringing the bill forward. It is something that he cares deeply about for a number of reasons, and something that I have worked on with him in the past. In the last session, I tabled a private member's bill, Bill C-456, which was also an act to amend the Excise Tax to reduce the tax on ethyl alcohol by $1 per litre. However, the member has brought forward a far more focused bill, one we should all get behind because of what it could do for the spirits industry.

There are only five types of whisky in the world. One of the most popular is our iconic Canadian rye whisky. I am proud to say that the best rye whisky in the world is produced right in my riding, in Gimli, at the Diageo plant. A lot of people do not realize this, but the Diageo plant in Gimli is the largest whisky distillery in Canada and the fifth largest distillery in the world producing whisky.

A lot of us are familiar with Northern Harvest Rye, which is produced at the Crown Royal plant in Gimli. It is now the world champion whisky, having won in Scotland back in January against all the scotches, the bourbons, and Irish whiskys. It is a very popular blended whisky and one that all of us should be proud of. It is unfortunate that the Speaker's whisky is not a Canadian whisky, and it is definitely not Northern Harvest Rye. I would hope that in the future the whisky featured at the House of Commons could be a Canadian rye whisky.

I want to correct the record on something that the member for Winnipeg North said about making sure that the tax treatment is fair and does not impact imports and exports. We know for a fact that this is an equitable tax that would apply to importers and exporters. When we changed the taxation on beers and wines made by local vintners or craft breweries, these producers never experienced any trade retaliation whatsoever. Therefore, the member for Winnipeg North should get up and correct the record, rather than trying to propagate a dissenting opinion based upon erroneous assessments.

The Diageo plant in Gimli, where all the Crown Royal in the world is produced, has some challenges ahead of it. One of those is trying to deal with a rail bridge over which Diageo brings in its grains and exports out its distilled whisky. It is a short line rail. Unfortunately, there needs to be investment made in it to bring it up to safe standards. The short line is looking at some options on how it can do that to continue to service Diageo. Aside from that, Diageo would love to expand the plant because Crown Royal is the number one export whisky from Canada, as well as the number one consumed whisky within Canada. It would love to expand production, but of course this requires long-term investments. One does not just roll out a batch of whisky and put it out into the market. It has to be aged and blended, and Diageo has to make sure it is putting together a high-quality product.

Diageo would love to see that expansion take place, but there is this unfair taxation within Canada today through the excise tax on spirits. This unfairness is the result of our decision a number of years ago, under our previous Conservative government, to give a greater break to wine and beer, so that taxation on undistilled alcohol from those industries is lower than on spirits. We need to close that disparity to see major investments in distilleries across the country and to allow them to serve the market out there.

If we look at the experience we had, we saw a major increase in the number of new entrepreneurial businesses, small businesses, creating local employment and buying locally produced agricultural products, after we changed the excise tax on the craft breweries and the small vintners and the wines they produce.

Bill C-232 would decrease the current excise tax of $11.696 per litre of absolute ethyl alcohol. It would decrease the excise tax on the first 100,000 litres produced down to $6 a litre. That would be a huge saving to those small craft distilleries, allowing more opportunity for Canadian businesses to produce a variety of spirits, not just Canadian rye whisky but others as well, and really have that local context.

If we look at how that went in the brewery and vintner industries, we saw an explosion in the number of of these small businesses, particularly small craft breweries. We also saw an opportunity for us as consumers to do more connoisseuring, I guess we could say, of the different varieties that are out there. There are different blends, there are different flavours, there are different tastes, which we had not been exposed to for a long time in Canada. It provided us with a whole new experience in trying these different fine wines produced locally, these different great craft beers. It would be fantastic if we could have that same explosion happen in the distillery industry.

The one thing we continue to talk about is how this tax reduction on distilleries would create jobs. A case in point is the craft brewery industry itself. Last week, when I was in Halifax, I had an opportunity to go down to Pier 21 and visit Garrison Brewing Company, a small craft brewery that started after the changes happened in the excise tax for the beer industry. It was able to take an idea and grow it into a prosperous business. Nova Scotia alone went from having just a couple of craft breweries to now having over 45. The interesting fact is that if we take our mainstream breweries and the number of jobs they create and compare those with craft breweries, for every job in the mainstream breweries, a craft brewery has five. It is a 5:1 ratio. We are talking about employment opportunities. This is a time in our economy when we need every possible tool the government can give to entrepreneurs and business to create new jobs. We are going to create jobs, not only in building these distilleries but also in the operation of these distilleries, because they tend to be less mechanized and more labour intensive, giving more attention to the details of their distillery practices themselves, as we see in craft breweries and in small vintners.

It is important that we create this opportunity in a lot of our local communities, not just in the major centres that we usually see.

Gimli, of course, is an exception. The reason that Diageo, and before that Seagram's, set up in Gimli was for the water. The water and locally produced grains produce Crown Royal's unique taste.

I talked about the opportunities from the employment side. It also creates a huge opportunity for agricultural producers, as distilleries are a major buyer of Canadian grains. I see it in my riding of Selkirk—Interlake—Eastman, where local producers are growing rye, corn, barley, and other inputs on contract for Diageo to create that unique taste and flavour of Crown Royal. The same type of opportunities will be presented to small distilleries right across this country as they feed into the growing consumer market for unique and new products in the spirits industry.

I encourage all my colleagues in the House to support the bill. Let us get it to committee for study and allow the committee to bring in experts to document how this reduction in the excise tax would probably increase the level of tax revenue coming back to the government, through increased employment and an increased number of businesses, which would benefit from the changes in the Excise Tax Act.

Again, I thank my colleague, the member for the Huron—Bruce, for bringing forward such an important bill today.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:50 a.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

Resuming debate. Seeing no one else, I call on the hon. member for Huron—Bruce for his right of reply. The hon. member has five minutes.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:50 a.m.


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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, it is a pleasure to rise again today with regard to this bill.

There is one thing I would like to correct on the record, namely, that it might be the second time that the member for Winnipeg North has misspoken on trade compliance with the WTO. This bill was specifically crafted so it would be WTO-compliant. I worked with experts in industry to make sure that it is compliant, because they did not want to get into the situation that beer and wine are currently in. Therefore, the reductions in excise tax are not targeted to a specific sector, but to all businesses in the distillery industry. If the bill happens to go to committee, it would be great if the trade officials could provide their take on it. I am sure that their take would be the same as mine.

It is also disappointing to hear the Liberal member for Winnipeg North talk about how lucky the industry is that the taxes have not gone up in 30 years. I hope that is not the Liberal position on all taxation. We should do our very best each and every time to reduce taxation. That said, there is a significant difference between the excise tax that brewers and vintners pay compared to the distillery sector. This bill would reduce it by a small amount to help businesses throughout the country survive and excel.

The other point that the member for Selkirk—Interlake—Eastman brought up is that two years ago, the U.K. reduced its excise tax by 2%. The obvious thinking at the time was that less excise tax would be collected as a result, but the opposite was true, and the U.K. collected more excise tax. That is what happens when taxes are reduced. It provides more money to the people who manage their own businesses, money that they reinvest.

I have received emails and phone calls literally from coast to coast from Conservative ridings, Liberal-held ridings, NDP ridings, and maybe even a Green riding, where distillers are located. What do they say? They say they support this bill and ask why anyone would not support it. One distillery said that if this reduction happens, it would hire 30 people. Another distillery said that if this happens, its excise tax would be reduced by $50,000 and it would be able to hire another person.

This is what Conservatives are talking about: a chance to reduce taxes in a certain sector that would create economic activity by enabling companies to purchase plant, equipment, and materials, as well as hire more people. I can speak from my own experience in my riding of Huron—Bruce. Since the excise tax for wineries and breweries was reduced, we have had many more wineries and many more opening, employing many people. They are becoming more and more specialized each and every day. On the brewery side, there were zero breweries when I was first elected in 2008 and now there are five, with many employees and many growing opportunities.

The great thing about the Ontario example is that the LCBO finally woke up and is now working with small producers to first get their products on the local shelves, and, if there is success there, across the entire province as well. I can speak of one company, Cowbell Brewing, in my riding, which has its products on 100 to 200 shelves across the province. One of the things that enabled them to do that was the excise tax, which allows a certain degree of profitability in the industry.

I would ask my colleagues across the way to speak with small distilleries in their ridings between now and Wednesday to see if they support this or not. We have already contacted them. Members should speak to them to find out what they think. Instead of presenting a rubber cheque at some government funding announcement, this is an opportunity for them to provide a tax reduction that does not cost the government anything and that would create jobs.

It has been a pleasure to research the topic, introduce it in the House of Commons, and have a good debate on it. I am looking forward to the standing vote on Wednesday. Hopefully five or more of my colleagues will stand when I sit.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Some hon. members

Agreed.

No.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Some hon. members

Yea.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Some hon. members

Nay.

Excise Act, 2001Private Members' Business

September 19th, 2016 / 11:55 a.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93 the recorded division stands deferred until Wednesday, September 21, immediately before the time provided for private members' business.

Suspension of SittingExcise Act, 2001Private Members' Business

September 19th, 2016 / noon


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Conservative

The Deputy Speaker Conservative Bruce Stanton

It being 11:57 a.m., the House will stand suspended for a few moments until we reach 12 o'clock.

(The sitting of the House was suspended at 11:57 a.m.)

(The House resumed at 12 noon.)

The House resumed from June 17 consideration of the motion that Bill C-2, An Act to amend the Income Tax Act, be read the third time and passed.