First

Session, 51st General Assembly

Charles III, 2026

BILL 20

AN ACT TO AMEND THE

LIQUOR CONTROL ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE CRAIG

PARDY

Minister of Finance and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Control Act to

add

definitions of

authorization, authorized producer, direct to consumer agreement, mark-up, period

of inactivity, reciprocating jurisdiction and return;

provide for the regulation of producers

of alcoholic liquor from reciprocating jurisdictions to allow for the sale of

alcoholic liquor directly to individuals in the province; and

allow individuals in the

province to purchase alcoholic liquor directly from authorized producers in

reciprocating jurisdictions for the individual's personal consumption.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Analysis

S.2 Amdt .

Definitions

Ss.57.1 to 57.10 Added

57.1 Authorization

57.2 Request for authorization

57.3 Circumstances under which liquor corporation

shall not issue authorization

57.4 Issuance or refusal of authorization

57.5 Duties of authorized producer

57.6 Restrictions

57.7 Mark-up and return

57.8 Revocation of authorization

57.9 List of reciprocating jurisdictions and authorized

producers

57.10 Sharing of

information

S.61 Amdt .

Regulations

S.68 R&S

Importation of alcoholic liquor into the province by an individual

S.73.1 R&S

Prohibition

6. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-18

as amended

(1) Section 2 of the Liquor Control Act is

amended by adding immediately after paragraph (

a) the following:

(a.1) "authorization" means an

authorization issued under

section 57.1;

(a.2) "authorized producer" means a person

who holds

(

i) a valid brewer's licence,

spirits licence or wine licence issued under the laws of Canada to produce

alcoholic liquor,

(ii) a valid licence issued under the laws of a

reciprocating jurisdiction to sell alcoholic liquor produced by the person for

commercial purposes in that jurisdiction, and

(iii) a valid authorization;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

e) the following:

(e.1) "direct to consumer agreement" means

an agreement between the province and one or more jurisdictions that allows for

importing alcoholic liquor into

(

i) the province by

individuals for their personal consumption, when purchased from an authorized producer

in a reciprocating jurisdiction, and

(ii) a reciprocating jurisdiction by individuals in

that jurisdiction for their personal consumption, when purchased from a brewer,

distillery or winery located in the province and licensed under this Act and

the regulations to sell alcoholic liquor produced by that brewer, distillery or

winery;

(3) Section 2 of the Act is amended by adding

immediately after paragraph (

k) the following:

(k.1) "mark-up" means the amount set by the board in

section 57.7;

(4) Section 2 of the Act is amended by adding

immediately after paragraph (

n) the following:

(n.1) "period

of inactivity" means a period of time prescribed

by the regulations during which alcoholic liquor has not been purchased or sold;

(5) Section 2 of the Act is amended by adding

immediately after paragraph (

p) the following:

(p.1) "reciprocating jurisdiction" means a

jurisdiction that has entered into a direct to consumer agreement with the province;

(p.2) "return" means a return required under

section 57.7;

2. The Act is amended by adding immediately after

section 57 the following:

Authorization

57 .1

(1) The

liquor corporation may issue to a person from a reciprocating jurisdiction an

authorization to sell or otherwise supply alcoholic liquor produced by that

person to an individual in the province for the individual's personal

consumption.

(2) An

corporation, this Act and the regulations.

(3) An

Request for

authorization

57.2

(1) A

request for an authorization shall be made to the liquor corporation in writing

and in the form and manner set by the liquor corporation.

(2) A request for an authorization shall include

(

a) the fee set by the minister;

(

b) proof, satisfactory to the liquor corporation,

that the person is licensed in the reciprocating jurisdiction to sell alcoholic

liquor produced by the person; and

(

c) any other information required by the liquor

corporation.

Circumstances

under which liquor corporation shall not issue authorization

57.3 The liquor corporation shall not issue an

authorization to a person who

(

a) does not hold a valid brewer's licence,

spirits licence or wine licence issued under the laws of Canada to produce

alcoholic liquor;

(

b) does

not hold a valid licence issued under the laws of the

reciprocal jurisdiction to sell alcoholic liquor produced by that person for

commercial purposes in that jurisdiction; or

(

c) provides

false information in the request for an authorization.

Issuance or refusal

of authorization

57.4

(1) T he liquor corporation may issue or refuse to

issue an authorization.

(2) Where

the person requesting the authorization requests, the liquor corporation shall

provide written reasons for refusing to issue an authorization.

Duties of

authorized producer

57.5 An

authorized producer shall

(

a) submit the reports prescribed in the

regulations;

(

b) submit the return required under

section 57.7;

(

c) pay the mark-up required under

section 57.7;

(

d) pay the other charges prescribed in the

regulations; and

(

e) comply

prescribed in this Act and the regulations.

Restrictions

57.6

An authorization shall be subject

to the restrictions that may be prescribed in the regulations.

Mark-up and

return

57.7

(1) The

board may set the mark-up to be paid by an authorized producer and may set

different mark-ups

(

a) for different types or classes of alcoholic

liquor; or

(

b) based on the volume of alcoholic liquor produced

by the authorized producer.

(2) An

authorized producer shall submit to the liquor corporation a return for the

period set by the liquor corporation showing the sales of the authorized producer

in the province in that period.

(3) A

return shall be provided in the form and manner set by the liquor corporation.

(4) An

authorized producer shall provide with the return an amount equal to the mark-up

for that period.

(5) The

return and the mark-up required under this

section shall be provided to the liquor

corporation within the first 20 days of the period following the period

reported in the return.

(6) Notwithstanding subsection (2), the liquor

corporation may vary the period for which an authorized producer is required to

submit a return and pay a mark-up.

(7) Where

an authorized producer does not pay the mark-up required under subsection

(4) in the time and manner set by the liquor corporation, interest shall be levied

on that mark-up in accordance with the regulations.

Revocation of authorization

57.8

(1) The liquor corporation may revoke an

authorization in writing where

(

a) the person's licence to produce alcoholic

liquor has been suspended, revoked or cancelled;

(

b) the person's licence to sell alcoholic liquor

has been suspended, revoked or cancelled;

(

c) there has been a period of inactivity;

(

d) t he

person fails to pay the mark-up required under

section 57.7 or a fee or charge required

under this Act or the regulations;

(

e) the

person fails to comply with or otherwise contravenes this Act, the regulations

or a term or condition of the authorization; or

(

f) the

liquor corporation has reasonable cause to revoke the authorization.

(2) Where

the person issued an authorization requests, the liquor corporation shall

provide written reasons for revoking the authorization.

List of

reciprocating jurisdictions and authorized producers

57.9

(1) The liquor corporation shall keep an up-to-date

list of

(

a) reciprocating jurisdictions; and

(

b) authorized producers.

(2) The

list referred to in subsection (1) shall be published on the liquor

corporation's website.

Sharing of

information

57.10 The

liquor corporation may share information obtained by the liquor corporation in

the administration of

section 27 and sections 57.1 to 57.9 with a reciprocating

jurisdiction or an agency of the reciprocating jurisdiction where necessary for the administration and

enforcement of this Act, the regulations or a direct to

consumer agreement .

3. Subsection 61(1) of the Act is amended by

adding immediately after paragraph (f.2) the following:

(f.3) prescribe the other charges to be paid by an

authorized producer;

authorization;

(f.5) prescribe authorization restrictions;

(f.6) prescribe the period of time

that constitutes a period of inactivity;

(f.7) prescribe the reports to be submitted to the

liquor corporation by authorized producers;

(f.8) prescribe the manner in

which interest shall be calculated for the purposes of subsection 57.7(7);

(f.9) prescribe the type, quantity and volume of

alcoholic liquor that may be brought or imported into the province by an

individual for the individual's personal consumption;

Section 68 of the Act is repealed and the

following substituted:

Importation of alcoholic

liquor into the province by an individual

68 . An

individual may, in accordance with this Act and the regulations, import

alcoholic liquor into the province, where the alcoholic liquor is intended for

personal use and not for resale or commercial use and the alcoholic liquor is

purchased

(

a) by the individual and brought into the

province on the individual's person from

(

i) a place outside of Canada and is of a kind and

not greater in quantity than is permitted under

an Act of the Parliament of

Canada, to be imported into Canada without the payment of duty or tax, or

(ii) another province or territory of Canada and

does not exceed those amounts that may be prescribed in the regulations; or

(

b) by the individual from an authorized producer and

the alcoholic liquor

(

i) was produced by the

authorized producer in a facility that is located in a

reciprocating jurisdiction,

(ii) is shipped directly to the individual by the

authorized producer, and

(iii) does not exceed the amounts that may be

prescribed in the regulations.

Section 73.1 of the Act is repealed and the

following substituted:

Prohibition

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 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 .

Commencement

6. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council .

King's Printer