Canadian whisky, with its rich, robust ryes, elegant, and boldly flavorful blends, has firmly established itself as a top seller throughout North America.
However, there’s one aspect of the country’s liquor culture that never fails to raise connoisseurs’ eyebrows: Distillers are allowed to add up to 9.09 percent of other aged spirits or wine to their whisky.
To raise eyebrows even further, the age stated on a label sometimes doesn’t take into account the young liquor a brand adds as part of the 9.09 percent. Again, in Canada, this is perfectly legal. So, some pretty impressive age statements may refer only to the bland, inexpensive, but long-aged column-distilled whisky in a blend, while overlooking a much smaller portion of potent, young rye that provides its flavor.
Many producers, large and small, pride themselves on not making use of the 9.09 percent rule except, perhaps, for their bottom-shelf U.S. export expressions. Still, the rule brings scorn from many traditionalists who question the very legitimacy of Canadian whisky when producers can add these flavor enhancers rather than make them, and ignore 9.09 percent of the ingredients when calculating its age.
However, Reece Sims, founder of Flavor Camp and SIP Spirits Consulting, is typical of a new generation of Canada’s whisky lovers who embrace this unique rule. To her, “Canada’s 9.09 percent rule has long been a quiet engine of flavor innovation and has fostered some of the world’s most distinctive, expressive blends.”
As YouTubers Trenny & C put it, the “9.09 has created some of our favorite whiskies; we understand why purists hate the rule, but when it’s used for creative purposes, there’s no limit to the flavor profiles available. It’s part of why Canadian whisky is often so unique!”
The History Behind the 9.09 Rule
So why did Canadian distillers start adding other aged spirits and wines to their whiskies in the first place? It seems particularly odd given that most countries insist the spirit remain unadulterated. To answer this question, you have to go back to the beginning of the whisky industry in Canada.
Settlers began arriving in Canada about a century after they did in the U.S., and they learned from America’s experiences. Yes, many farmers operated small stills, but none ever succeeded on a grander scale. They either fell prey to heavy taxes or were overwhelmed by large distilling enterprises that prosperous English and American entrepreneurs established, often as parts of industrial-scale flour mills or livestock feedlots.
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All but one of Canada’s legacy whisky brands began in these large, well-financed operations. That lone exception is Hiram Walker Distillery in Windsor, Ontario, which is just minutes away from Detroit.
Hiram Walker was already a successful American whiskey-maker before he crossed the Detroit River to build a large distillery in Canada. He decided to leave the U.S. because of the growing temperance movement.
Walker lived in Canada for four years to ensure that his distillery was running smoothly. He then returned to Detroit, commuting daily to manage it. While he made his whisky in Canada, the U.S. remained his main market.
Critically, when Walker was making whiskey in Detroit, he didn’t age the whiskey in barrels. Instead, he added flavoring ingredients to raw alcohol, as was common practice in 19th-century America. So when Walker moved across the border, he continued to produce whisky this way in Canada. Essentially, Hiram Walker was an American distiller making American whiskey in Canada for American consumers.
The Tax Man Intervenes
Notably, there’s no evidence of other Canadian distillers besides Hiram Walker adding non-whisky flavoring until 1954. That’s when the U.S. introduced its 5010 tax credit, which lowered tax rates for non-whiskey ingredients. Shortly thereafter, Canada introduced regulations permitting Canadian producers to add up to 9.09 percent of wine or spirits.
The U.S. was, and still is, Canada’s largest whisky market, and the 5010 tax savings for high-volume brands kept Canadian whisky competitive. Federal regulations in the U.S. are silent on the 9.09 percent, stating only that Canadian whisky must comply with Canada’s laws.
Discussion of the 9.09 rule, although animated, is limited to a tiny segment of consumers. According to Irma Joeveer—whose Paradigm Spirits won Whisky of the Year at the Canadian Whisky Awards in 2024, with a blend containing oloroso sherry—says “it’s fascinating how few average consumers even know the rule exists.”
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The battle seems lost for traditionalists, who preach the gospel of purity. A new generation of drinkers and influencers enthuse over whisky finished in a wide range of wine and exotic wood barrels.
The 9.09 originated in an American practice, introduced to Canada for the production of American-style whiskey, and is supported by American regulations.
So, is Canadian whisky, whiskey or a bottled cocktail? These are the facts, now you decide.
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