What’s an ‘Alberta whisky’? Here’s how the government plans to define it in law

What defines an Alberta whisky like one might define a Kentucky or Tennessee bourbon? 

The provincial government has come up with some rules.

Under the Alberta Whisky Act, tabled Tuesday, a whisky can be labelled “Alberta whisky” if it meets a series of legislated requirements, in addition to existing Canadian whisky standards.

The goal, according to the government, is to help Alberta whisky producers differentiate their products from other Canadian whisky on the market.

“We think there’s an obvious solution to this challenge. Define what Alberta whisky is and protect it in legislation,” Premier Danielle Smith told reporters Tuesday.

The rules include the following:

• The whisky must be mashed, fermented, aged, proofed and bottled entirely within Alberta.
• The water used in making the whisky must be 100 per cent sourced in Alberta.
• At least two-thirds of the grains used in making the whisky must be grown in Alberta.
• Nothing can be added to the whisky after distillation, except for Alberta water and plain caramel colour.
• Other alcohol products that are blended in for flavouring are limited to no more than 9.09 per cent of total alcohol content, and must be aged at least two years.
• The whisky must be aged at least three years in small wood barrels.
• The whisky must be a minimum 40 per cent alcohol by volume.

The province says participation is voluntary. Distillers can still produce other whisky products that don’t meet the legal definition of an “Alberta whisky.”

Service Alberta Minister Dale Nally told reporters Tuesday that the legislation has been “a real passion project” for him.

“I have known for some time what the world is about to find out, and that’s that we have some of the best whisky in the world,” he said. 

The Alberta Whisky Act also marks the first time the provincial government used AI technology to help draft a piece of legislation.

“We used AI to analyze the data and to really come up with the building blocks from which we can work from. And so we’re pleased with that,” Nally said.

Nally said humans were involved throughout the process. Alberta Technology Minister Nate Glubish was involved in choosing the AI model.

“We had a conversation early on, and we decided that we wanted to be the first jurisdiction in Canada that leveraged AI to write legislation. And frankly, people are used to us being leaders in this space when it comes to technology and innovation,” he said.

Nally added he would consider using AI to start the process of drafting legislation again in the future, adding the province’s legislative review committee will never be replaced by the generative technology.

Defining an ‘Alberta whisky’

Nally was tasked with defining the rules for a product to be legally labelled as Alberta whisky in October. 

At the time, some weren’t convinced legislation was the right tool to define an “Alberta whisky,” including Davin de Kergommeaux, founder of the Canadian Whisky Awards.

“Especially when you consider how many distilleries you’re working with, people are going to keep changing what they’re doing and keep changing their minds,” he said in October.

“I think it would be better to have a broad outline, like if you qualify for Alberta tax breaks, your whisky is called Alberta whisky or something like that.”

Distillers CBC News spoke to before the new rules were released said they felt as though Alberta had ingredients that make for great whisky, including its highly-regarded barley, and a well-suited climate. 

Bridgeland Distillery co-owner Jacques Tremblay said for years, people in Alberta have been talking about “how great the water, great the grain is, how much grain is exported to other whisky producer countries.”

“I think it’s just the right time to say, finally, hey, with all these ingredients, we can also make a world-renowned whisky on our own,” he said.

Tremblay said he was involved with some open house events Nally organized with the industry in November.

“As whisky producers, it was kind of cool to be all in the same room … In our case, we were advocating that it should be 100 per cent Alberta grain, because everyone talks about it; of course, using the Alberta water — all made in Alberta,” he said.

He added he thought it was important that the label resonate with people.

“I think making the bar a little bit higher is a good thing,” he said.

If the legislation passes, businesses would self-declare their products as “Alberta whisky,” and Alberta Gaming, Liquor and Cannabis would oversee compliance and enforcement.

The government won’t permit distillers to get clever by referring to their whisky as “Alberta whiskey” — note the extra E — in efforts to circumvent the designation.

It is also eyeing the possibility down the line of establishing an Alberta whisky or spirits trail, much like the Kentucky Bourbon Trail. Such a trail would likely take visitors through both urban and rural Alberta, Nally said.