19 98 c. 16 1 ALCOHOL AND GAMING REGULATION 1 BILL No. 13 of 1998

An Act to amend The Alcohol and Gaming Regulation Act (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Alcohol and Gaming Regulation Amendment Act, 1998. S.S. 1988-89, c.A-18.01 amended 2 The Alcohol and Gaming Regulation Act is amended in the manner set forth in this Act.

Section 8 amended 3 Clause 8(2)(

e) is amended by adding “ and the power to assess penalties pursuant to

section 23.1” after “registration”.

Section 11 amended 4 The following clauses are added after clause 11(2)(d): “(

e) assess a penalty pursuant to

section 23.1 against a permittee or registrant; “(

f) at the time it assesses a penalty pursuant to clause (e): (

i) determine the date by which the penalty is to be paid in full; and (ii) order that the permit or certificate of registration, as the case may be, is suspended for any period that the authority considers expedient if the permittee or registrant fails to pay the penalty in full by the date determined pursuant to subclause (i) ”.

Section 16 amended 5(1) The following clause is added after clause 16(1)(g): “(

h) shall hold an oral hearing where a permittee or registrant has applied for a hearing in accordance with

section 23.1 ”. (2) Clause 16(3)(

b) is amended by adding “ or (h)” after “clause (1)(d)”.

Section 19 amended 6 The following clause is added after clause 19(h): “(

i) in the case of a hearing pursuant to

section 23.1: (

i) assess a penalty in accordance with

section 23.1 up to the amount proposed in the written notice provided pursuant to subsection 23.1(3) or in any other amount within the limits prescribed by the regulations; and

c.16 1998 2 ALCOHOL AND GAMING REGULATION 2 (ii) at the time it assesses a penalty pursuant to subclause (i): (

A) determine the date by which the penalty is to be paid in full; and (

B) order that the permit or certificate of registration, as the case may be, is suspended for the period proposed in the written notice provided pursuant to subsection 23.1(3) or for any period that the commission considers expedient if the permittee or registrant fails to pay the penalty in full by the date determined pursuant to paragraph (A)”. New

section 23.1 7 The following

section is added after

section 23: “Administrative penalties 23.1(1) The authority or the commission may assess a penalty, within the limits prescribed in the regulations, of not more than $10,000 against any permittee or registrant who fails to comply with any term or condition imposed on the permit or certificate of registration by this Act, the regulations, the authority or the commission.

(2) No penalty is to be assessed by the authority or the commission more than three years after the date on which the failure to comply with any term or condition mentioned in subsection (1) first came to the knowledge of the authority.

(3) Before assessing a penalty against a permittee or registrant pursuant to subsection (1), the authority shall provide to the permittee or registrant a written notice: (

a) setting out the facts and circumstances that, in the authority’s opinion, render the permittee or registrant liable to a penalty; (

b) proposing: (

i) the amount of the penalty that the authority considers expedient based on the authority’s understanding of the circumstances; and (ii) a specific period of suspension that the authority considers expedient if the permittee or registrant, as the case may be, is assessed a penalty in accordance with this

section and fails to pay the penalty in full by the date determined at the time of the assessment; (

c) advising the permittee or registrant that he, she or it may make representations to the commission respecting: (

i) whether or not a penalty should be assessed; (ii) the amount of a penalty, if any; and (iii) whether or not the permit or certificate of registration, as the case may be, should be suspended if the permittee or registrant fails to pay the penalty in full by the date determined at the time of the assessment;

19 98 c. 16 3 ALCOHOL AND GAMING REGULATION 3 (

d) informing the permittee or registrant that if he, she or it does not notify the commission within 15 days after receiving the written notice that he, she or it intends to make representations to the commission, the authority may: (

i) assess a penalty up to the amount proposed in the written notice; (ii) determine the date by which the penalty is to be paid in full; and (iii) order that the permit or certificate of registration, as the case may be, is suspended for a period up to that proposed in the written notice if the permittee or registrant fails to pay the penalty in full by the determined date; (

e) informing the permittee or registrant that if he, she or it notifies the commission within 15 days after receiving the notice that he, she or it intends to make representations to the commission, the commission may, either following a hearing conducted pursuant to this

section or where the permittee or registrant fails, without the prior approval of the commission, to appear at a hearing: (

i) assess a penalty up to the amount proposed in the written notice or in any other amount within the limits prescribed by the regulations; (ii) determine the date by which the penalty is to be paid in full; and (iii) order that the permit or certificate of registration, as the case may be, is suspended for the period proposed in the written notice or for any period that the commission considers expedient if the permittee or registrant fails to pay the penalty in full by the determined date.

(4) A permittee or registrant who receives a written notice pursuant to subsection (3) may, within 15 days after receiving the written notice, apply for an oral hearing with the commission by: (

a) filing an application with the commission; and (

b) paying the prescribed fee.

(5) The application for a hearing mentioned in subsection (4): (

a) is to be substantially in the form prescribed in the regulations; and (

b) may be accompanied by any other information that the applicant wishes the commission to consider.

(6) At a hearing pursuant to this section, the commission may consider: (

a) any information submitted by the applicant; (

b) any information considered by the authority in determining that a penalty should be assessed; and (

c) any information given or representations made at the oral hearing.

c.16 1998 4 ALCOHOL AND GAMING REGULATION 4

(7) Where an applicant fails to appear at an oral hearing without the prior approval of the commission: (

a) the applicant is deemed to have waived the right to an oral hearing; and (

b) the commission shall consider the application on the basis of the information mentioned in clauses (6)(

a) and (b).

(8) Where the authority has provided written notice to a permittee or registrant in accordance with subsection (3) and the permittee or registrant does not apply for an oral hearing pursuant to subsection (4), the authority may: (

a) assess a penalty up to the amount proposed in the written notice provided pursuant to subsection (3); (

b) determine the date by which the penalty is to be paid in full; and (

c) order that the permit or certificate of registration, as the case may be, is suspended for a period up to that proposed in the written notice provided pursuant to subsection (3) if the permittee or registrant fails to pay the penalty in full by the determined date.

(9) Where the authority assesses a penalty pursuant to subsections (1) and (8), the authority shall provide to the permittee or registrant who is penalized a written notice specifying the amount of the penalty, the date by which the penalty is to be paid in full and the period of suspension if the permittee or registrant fails to pay the penalty in full by the determined date.

(10) Where the commission assesses a penalty following a hearing conducted pursuant to this

section or in the circumstances mentioned in subsection (7), the commission shall provide to the permittee or registrant who is penalized a written notice specifying the amount of the penalty, the date by which the penalty is to be paid in full and the period of suspension if the permittee or registrant fails to pay the penalty by the determined date.

(11) A written notice pursuant to subsection (3), (9) or (10) is to be served by: (

a) personal service made: (

i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (

b) registered mail addressed to the most recent address of the permittee or registrant contained in the records of the authority or in the applicant’s application for an oral hearing with the commission, as the case may be.

(12) A written notice sent by registered mail is deemed to have been received on the seventh day after the date of its mailing unless the permittee or registrant to whom the notice was sent satisfies the commission that the notice, through no fault of his, her or its own, was not received or was received at a later date.

19 98 c. 16 5 ALCOHOL AND GAMING REGULATION 5 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©1998

(13) A penalty assessed pursuant to this

section is a debt due to and recoverable by the Crown in right of Saskatchewan and may be recovered in any manner authorized by The Financial Administration Act, 1993 .

(14) Notwithstanding any other provision in this Act or the regulations, a permittee or registrant has no right to a hearing, review or appeal where the authority or the commission suspends his, her or its permit or certificate of registration in accordance with this

section ”.

Section 132 amended 8(1) Subsection 132(1) is amended by striking out “ subsection (2) ” and substituting “subsections (2) and (3)”.

(2) The following subsection is added after subsection 132(2): “

(3) A permittee prescribed by the regulations may purchase beverage alcohol from permittees prescribed by the regulations ”.

Section 142 amended 9(1)

Section 142 is amended by renumbering it as subsection 142(1). (2) Subsection 142(1) is amended by adding “to” after “summary conviction”.

(3) The following subsection is added after subsection 142(1): “

(2) For the purposes of subsection (1), ‘other penalty’ does not include a penalty that has been or may be assessed by the authority or the commission pursuant to this Act”.

Section 179 amended 10 The following subclauses are added after subclause 179(b)(xxi.8): “(xxi.9) prescribing penalties that may be assessed by the authority or the commission; “(xxi.91) prescribing permittees for the purpose of subsection 132(3) ”. Coming into force 11 This Act comes into force on proclamation.