Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 21

AN ACT TO AMEND THE LIQUOR

CORPORATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE TOM

OSBORNE

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 Corporation Act to

remove the provisions with

respect to the sale, possession and delivery of cannabis that are no longer

necessary; and

add references to the Cannabis Control Act .

A BILL

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

Analysis

S.2 Amdt.

Interpretation

S.5 Amdt.

Board

S.8 Amdt.

Chairperson and board member's powers

S.11 R&S

Conflict of interest

S.33 Amdt.

Power to deal in liquor and cannabis

S.34.1 Rep.

Licence re: cannabis

S.41 R&S

All money to be paid to corporation

S.45 Amdt.

Purchases by corporation

S.46 Amdt.

Prices

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-19

as amended

1. (1) Paragraph 2(1)(f.1) of the Liquor Corporation Act is repealed and

the following substituted:

(f.1) "cannabis" means cannabis as defined

in the Cannabis Control Act ;

(2) Paragraph 2(1)(f.2) of the Act is repealed.

(3) Paragraph 2(1)(f.3) of the Act is repealed and

the following substituted:

(f.3) "cannabis retail location" means

cannabis retail location as defined in the Cannabis

Control Act ;

(f.4) "cannabis store" means cannabis

store as defined in the Cannabis Control

Act ;

(4) Paragraph 2(1)(

i) of the Act is repealed and

the following substituted:

(i) "licensee" means a person holding a

valid and existing licence issued under and in accordance with this Act, the Liquor Control Act and a regulation made

under those Acts;

(5) Subsection 2(2) of the Act is repealed and the

following substituted:

(2) Where this Act conflicts with the Liquor Control Act or the Cannabis Control Act , this Act prevails.

2. (1) Subsection 5(1) of the Act is repealed

and the following substituted:

Board

(1) The

Lieutenant-Governor in Council may appoint a board of directors which shall

exercise and discharge the powers and duties of

(

a) the corporation;

(

b) the board under the Liquor Control Act ; and

(

c) the board under the Cannabis Control Act .

(2) Paragraphs 5(10)(

c) and (

d) of the Act are

repealed and the following substituted:

(

c) which govern the adjudication of matters under

the Liquor Control Act or the Cannabis Control Act ; and

(

d) for the purpose of carrying out its duties or

purposes under this Act, the Liquor

Control Act , the Cannabis Control Act

or a regulation made under those Acts.

3. Subsection 8(1) of the Act is repealed and the

following substituted:

Chairperson and

board member's powers

(1) The

chairperson is responsible for the general direction, supervision and control

of the business of the board and has those other powers that may be conferred

on him or her under this Act, the Liquor

Control Act , the Cannabis Control Act

or a regulation made under those Acts.

Section 11 of the Act is repealed and the

following substituted:

Conflict of

interest

(1) A

member of the board or an officer of the corporation shall not, directly or

indirectly, individually or as a member of a partnership or corporation, have

an interest in or receive a benefit, directly or indirectly, from

(

a) the manufacture, sale or distribution of, or

other dealing in, alcoholic liquor or cannabis or in an undertaking in which

alcoholic liquor or cannabis is required;

(

b) premises in respect of which an existing licence

has been issued under this Act, the Liquor

Control Act , the Cannabis Control Act

or a regulation made under those Acts;

(

c) a contract or other arrangement in respect of

premises upon which alcoholic liquor or cannabis is manufactured, produced,

sold or kept for sale; or

(

d) purchases or sales made by the corporation or

by persons authorized under this Act, the Liquor

Control Act , the Cannabis Control Act

or a regulation made under those Acts to purchase or sell alcoholic liquor

or cannabis.

(2) Nothing in subsection (1) prevents a member of

the board, an officer or other employee of the corporation from purchasing and

having in his or her possession for the personal use of himself or herself or

his or her family alcoholic liquor or cannabis which he or she may lawfully

purchase under this Act, the Liquor

Control Act , the Cannabis Control Act

or a regulation made under those Acts.

(1) Paragraphs 33(

a) and (

b) of the Act

are repealed and the following substituted:

(

a) buy, import and have in its possession for

sale and sell alcoholic liquor or articles associated with alcoholic liquor in

the manner set forth in this Act;

(a.1) buy, import, have in its possession and sell

cannabis or articles associated with cannabis in the manner set forth in this

Act or the Cannabis Control Act ;

(

b) control the possession, sale and delivery of

all alcoholic liquor and cannabis in accordance with this Act and the Cannabis Control Act ;

(2) Subparagraph 33(d)(ii) of the Act is repealed

and the following substituted:

(ii) establish, maintain and operate cannabis

stores and cannabis retail locations at the places in the province that may be

considered advisable for the sale of cannabis in accordance with this Act and

the Cannabis Control Act ,

(3) Paragraph 33(

g) of the Act is repealed.

(4) Paragraphs 33(

h) and (

i) of the Act are repealed

and the following substituted:

(

h) acquire, by deed, grant, lease or in other

ways, land, a building or other property whether real or personal required for

the operation of this Act, the Liquor

Control Act or the Cannabis Control

Act ;

(

i) buy or lease all plant and equipment it may

consider necessary and useful in carrying into effect the objects and purposes

of this Act, the Liquor Control Act

or the Cannabis Control Act ;

(5) Paragraph 33(

l) of the Act is repealed and the

following substituted:

(

l) do all the things that are considered necessary

or advisable by the corporation for the purpose of carrying into effect this

Act, the Liquor Control Act , the Cannabis Control Act or a regulation

made under those Acts.

Section 34.1 of the Act is repealed.

Section 41 of the Act is repealed and the

following substituted:

All money to be

paid to corporation

41. All

money received from the sale of alcoholic liquor accruing in the administration

of this Act shall be paid to the corporation.

8. Subsection 45(1) of the Act is repealed and the

following substituted:

Purchases by corporation

(1) An

order for the purchase of alcoholic liquor by the corporation shall be

authorized by those officers of the corporation that may be designated by the

board, and an order shall not be valid or binding unless so authorized.

9. Subsection 46(1) of the Act is repealed and the

following substituted:

Prices

(1) The

board may fix the prices at which the various classes, varieties and brands of

spirits, wine and beer are to be sold and different prices may be prescribed

under this subsection in respect of beer sold to the corporation, to a licensee

and to the public.

Commencement

10. This Act, or a section, subsection, paragraph

or subparagraph of this Act, comes into force on a day or days to be proclaimed

by the Lieutenant-Governor in Council.

Queen's Printer