Proceedings of the Standing Senate Committee on
Agriculture and Forestry
Issue 15 - Eighth Report of the Committee
Thursday, June 23, 2005
The Standing Senate Committee on Agriculture and Forestry has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries, has, in obedience to the Order of Reference of Wednesday, June 15, 2005, examined the said Bill and now reports the same with the following amendments:
1. Page 2, clause 3, replace lines 3 to 9 with the following:
"3. (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.
(3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996. ''
2. Page 2, add after line 9, the following:
"3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. ".
3. Page 6, replace sections 1 to 7 of the schedule, with the following:
"1. (1) A spirit drink may be sold using the name Grappa if it has been produced exclusively in Italy.
(2) A spirit drink may be sold using the name Grappa di Ticino if it has been produced in the Ticino region of Switzerland.
2. A spirit drink may be sold using the name Jägertee, Jagertee or Jagatee if it has been produced exclusively in Austria.
3. A spirit drink may be sold using the name Korn or Kornbrand if it has been produced exclusively in Germany or Austria.
4. A spirit drink may be sold using the name Ouzo or Oύζo if it has been produced exclusively in Greece.
5. A spirit drink may be sold using the name Pacharán if it has been produced exclusively in Spain.
6. Scotch whisky may be sold under that name if it has been distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.
7. Irish whisky may be sold under that name if it has been distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.''.
Respectfully submitted,
JOYCE FAIRBAIRN
Chair