half finished whiskey bottle in the trunk

November 11, 2014 6:56 AM

I am driving from Toronto to Philadelphia later this week for my brothers wedding. I have an opened bottle whiskey that I'd like to bring in the trunk of the car-- it's a bottle of great emotional significance and a family tradition. I know that in the US the open bottle is fine as long as it's in the trunk, but what about Ontario? also, where can I see these laws online?
posted by atetrachordofthree to Law & Government (8 answers total)

TINLA:

Here's some information from the AGCO - see FAQ #7:

http://www.agco.on.ca/en/faqs/faqs_alcohol.aspx

Section 32 of the Liquor Licence Act appears to address this:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm#BK37
posted by girlpublisher at 7:08 AM on November 11, 2014

Liquor Licence Act of Ontario says:

Conveying liquor in vehicle, boat
32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).
Exception
(2) Subsection (1) does not apply if the liquor in the vehicle,
(a) is in a container that is unopened and the seal unbroken; or
(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle. R.S.O. 1990, c. L.19, s. 32 (2).

So, I think you're fine having it in the trunk.
posted by something something at 7:08 AM on November 11, 2014

From the Alcohol and Gaming Commission of Ontario: "It is illegal to transport beverage alcohol in a motor vehicle, a motorized snow vehicle or a boat unless the beverage alcohol is in a container that is unopened and the seal unbroken, or unless the beverage alcohol is packaged in baggage that is fastened closed or is not otherwise readily available to anyone in the vehicle. In a boat, the beverage alcohol must be stored in a closed compartment."

So it sounds like you're fine if you have it in the trunk. Maybe put it in a bag for good measure.
posted by Urban Winter at 7:10 AM on November 11, 2014

Previously. I have it on good authority that she did not risk it but left the bottle at home.
posted by If only I had a penguin... at 7:13 AM on November 11, 2014

Just as an FYI, Pennsylvania has some of the more arcane liquor laws in the country. You might want to look through the FAQs here (this one is on bringing liquor in from another country) and here's the one on gift liquor (which includes wine but not malted beverages). These laws get ignored and broken flagrantly all the time, and I have brought in whisky from Heathrow without any checking or problems or receipts, but they are still laws to be aware of.
posted by jetlagaddict at 7:52 AM on November 11, 2014

If it were me, I'd pack it into luggage. Which would appear to render it perfectly OK per something something's answer.
posted by Sara C. at 9:39 AM on November 11, 2014

If it were me I'd wrap it up as a gift package with a tag and everything so it's crystal clear that it's a gift for the wedding. "Purpose of your visit?" "Wedding." On the off chance that they open it, that's still clear and seems to meet the letter of the Canadian law.
posted by jessamyn at 12:44 PM on November 11, 2014

The interpretation I've had from a couple of cops (OPP, who do the highways) is that they do not want open alcohol within reach of the driver or the passengers. In the seat next to you would be a problem. In the back seat might be a problem. In a trunk seems to be fine. I have transported half-consumed wine bottles in a car trunk in a container (cooler, etc..) on Ontario roads often, pretty much every time we come home from the cottage.

You are far more likely to be checked by a CSB officer, but again, I doubt you would be given a hard time as long as you declare it.
posted by bonehead at 9:07 PM on November 11, 2014