Second Session,

46th General Assembly

58 Elizabeth II,

BILL 32

AN ACT TO AMEND THE LIQUOR CONTROL

ACT

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE JEROME

P. KENNEDY, Q.C.

Minister of Finance

and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of this Bill would amend the

Liquor Control Act to add a provision

prohibiting the movement of liquor within the province except to persons or

places authorized under the Act.

Clause 2 of the Bill would expand the

power of search under

section 89 of the Act to include a motor vehicle, all-terrain

vehicle, aircraft, ship or boat. It

would provide also for the seizure of alcohol alleged to have been obtained

contrary to the proposed

section 73.1.

Clause 3 of the Bill would amend

section 124 of the Act to authorize a judge to order the forfeiture of liquor

where there is a conviction of an offence contrary to the proposed

section 73.1

contained in clause 1.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Analysis

S.73.1 Added

Movement of liquor within the province

2. S.89 R&S

Search for alcoholic liquor or records

3. S.124 Amdt.

Penalty

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-18 as

amended

1. The Liquor

Control Act is amended by adding immediately after

section 73 the

following:

Movement of

liquor within the province

73.1 A person shall not, either personally or

through the intervention or with the assistance of another person, order for

delivery, send, bring, or carry liquor or a package containing liquor from a

person or place in the province to

(

a) a person who may not lawfully purchase and

consume liquor; or

(

b) a prohibited area as defined in

section 128 or

an area of the province where purchasing, possessing or consuming alcohol is

prohibited by an order, regulation or by-law made under the Indian Act .

Section 89 of the Act is repealed and the

following substituted:

Search for

alcoholic liquor or records

89 .

(1) Where

an officer believes on reasonable grounds that a person is contravening or has

contravened this Act, the officer may, with a warrant issued under subsection

(2), enter a motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial,

public or private premises in the province, and

(

a) search for contraband or alcohol alleged to

have been obtained contrary to

section 73.1;

(

b) examine the contents of the motor vehicle, all-terrain

vehicle, aircraft, ship or boat or a commercial, public or private premises and

make those inquiries that the officer considers are necessary;

(

c) seize , take away and

hold anything which on reasonable grounds is or appears to be contraband or

alcohol alleged to have been obtained contrary to

section 73.1;

(

d) seize and take away manifests, bank

statements, books, accounts or records and shall, upon the request of the owner

of them make copies of those manifests, bank statements, books, accounts or

records and those copies shall be returned to that owner as soon as is

practicable; and

(

e) seize , take away and

hold a motor vehicle, all-terrain vehicle, aircraft, ship, boat or other thing

in which contraband or alcohol alleged to have been obtained contrary to

section 73.1 is located in or on commercial, public or private premises.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds for believing that there

is in a motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial,

public or private premises anything that will provide evidence with respect to

a contravention of this Act may issue a warrant authorizing the officer named

in the warrant to enter the motor vehicle, all-terrain vehicle, aircraft, ship

or boat or a commercial, public or private premises, search for and seize

anything that will provide evidence with respect to a contravention of this

Act, subject to the conditions that may be specified in the warrant.

(3) The owner or person in charge of the motor

vehicle, all-terrain vehicle, aircraft, ship or boat or a premises referred to

in this

section and a person found there shall give an officer reasonable help

to enable the officer to carry out his or her duties and functions under this

section and shall provide the information that the officer may reasonably

require.

(4) Notwithstanding subsection (1), an officer may

exercise the power of search referred to in that subsection without a warrant

issued under subsection (2) where the conditions for obtaining the warrant

exist but by reason of exigent circumstances it would not be practical to

obtain the warrant.

(5) For the purpose of subsection (4), exigent

circumstances include circumstances in which the delay necessary to obtain the

warrant would result in danger to human life or safety or the loss or destruction

of evidence.

(6) For the purpose of this section, the word

"premises" includes a receptacle or container that is not a motor

vehicle or trailer.

Section 124 of the Act is amended by adding

immediately after subsection (4) the following:

(5) In addition to a penalty imposed under

subsection (1), for a violation of

section 73.1, the court may order the liquor

involved in the violation be forfeited to the Crown.

Earl G. Tucker, Queen's Printer