CANADA – MEASURES GOVERNING THE SALE OF WINE IN GROCERY STORES (SECOND COMPLAINT) REQUEST FOR CONSULTATIONS BY THE UNITED STATES
Document: REQUEST FOR CONSULTATIONS BY
Date: 2 October 2017
Document codes: WT/DS531/1; G/L/1186
Complainant: U.S.
Respondent: Canada
Third parties: Argentina, Australia, Chile, China, EU, India, Israel, South Korea, Mexico, New Zealand, Russia, South Africa, Taiwan
Dispute stage: Panel
Agreements cited: Art. III:4  GATT 1994

CANADA – MEASURES GOVERNING THE SALE OF WINE IN GROCERY
STORES (SECOND COMPLAINT)
REQUEST FOR CONSULTATIONS BY THE UNITED STATES
The following communication, dated 28 September 2017, from the delegation of the United States
to the delegation of Canada and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

My authorities have instructed me to request consultations with the Govern ment of Canada
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes and Article XXII:1 of the General Agreement on Tariffs and Trade 1994
("GATT 1994"), with regard to measures maintained by the Canadian province of British Columbia
("BC") governing the sale of wine in grocery stores.
The BC wine measures provide advantages to BC wine through the granting of exclusive
access to a retail channel of selling wine on grocery store shelves. The BC measures appear to
discriminate on their face against imported wine by allowing only BC wine to be sold on regular
grocery store shelves while imported wine may be sold in grocery stores only through a so -called
"store within a store." These measures are reflected in legal instruments that include, but are not
limited to, the following, operating separately or collectively:
1. Policy Directive No. 15-01, issued by the BC Liquor Control and Licensing Branch,
re: Liquor Policy Review Recommendations #19 and 20: Phased-in
Implementation of Liquor in Grocery Stores, dated February 26, 2015;
2. BC Liquor Control and Licensing Act ([SBC 2015] Chapter 19), succeeding the BC
Liquor Control and Licensing Act ([RSBC 1996] Chapter 267);
3. B.C. Reg. 42/2015, deposited March 17, 2015, amending BC Liquor Control and
Licensing Regulation, B.C. Reg. 244/2002; Order in Council 121/2015, approved
and ordered March 16, 2015; British Columbia Gazette, Part II, Volume 58, No. 6
(March 24, 2015);
4. BC Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, deposited
October 20, 2016, effective January 23, 2017, succeeding BC Liquor Control and
Licensing Regulation, B.C. Reg. 244/2002; and
5. "Wine Store Terms and Conditions," BC Liquor Control and Licensing Branch
publication, updated August 2017;
as well as any amendments or successor, replacement, or implementing measures.
These measures appear to be inconsistent with Canada’s obligations pursuant to Article III:4
of the GATT 1994 because they are laws, regulations, or requirements affecting the internal sale,
offering for sale, purchase, or distribution of wine and fail to accord products imported into Canada
treatment no less favorable than that accorded to like products of Canadian origin.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.