associated regulations prohibit the Applicant from using the
term “icewine”, they must be declared inoperable.
 For the reasons that follow I would dismiss the application
in its entirety. In particular, I find that the taste test rule is not
a rule that required ministerial approval; that the VQAO’s choice
to use taste tests to further the purposes of the Act was a reasonable one; that the by-law requiring members to obtain one new
approval during an 18-month period is connected to the purpose
of the Act and as such was a reasonable exercise of the VQAO’s
jurisdiction; that the new regulation is not irrelevant, extraneous
or completely unrelated to the purpose of the Act; and that there
is no conflict between the Trade-marks Act or the CAP Act that
would necessitate the application of the doctrine of paramountcy.
History of the VQAO
 VQAO began as a voluntary industry association in 1997,
created by a small group of winemakers at a time when Canadian
wines were considered pariahs in the global wine community.
There were no meaningful quality assurance standards or
government authorities who regulated the quality of wines in
Ontario. Consumers and importers had no way of distinguishing
high quality wines from other wines.
 The voluntary association sought to distinguish wines
made by its members for the benefit of both the industry and
consumers. It instituted minimum production standards and an
appellation of origin system, which tells consumers where the
grapes for a wine are grown and ensures that a specified standard
of quality is met in the wine made from those grapes.
 As a voluntary association, the VQAO had limited means
of enforcing its production and quality standards. As well, since
Canadian wineries could not export to Europe without a govern-ment-sanctioned, legislative wine quality regime, the VQAO
requested provincial regulation of the wine industry. The Government of Ontario responded to that request by enacting the Act
in 1999. In 2000, VQAO was designated as the wine authority
charged with administering the Act.
The Purpose of the Act
 The primary goal of the Act and its regulatory regime was
to establish an appellation system, similar to the well-established
appellation systems in Europe. This is made clear in s. 1 of the
Act, which provides as follows:
1. The purpose of this Act is to establish and maintain an appellation of
origin system for Vintners Quality Alliance wine that will allow consumers to