Bill 2462 — An Act To Amend the Liquor Control Act and the Liquor Corporation Act (50th General Assembly, 2nd Session)
Bill 2462
Newfoundland and Labrador — Bills
Second
Session, 50th General Assembly
Charles III, 2024
BILL 62
AN ACT TO AMEND THE
LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE SIOBHAN
COADY
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 and the Liquor Corporation Act .
The Liquor
Control Act would be amended to
amend
definitions, add new
definitions and remove unnecessary
definitions;
remove the classes of licences
that may be issued and add regulation-making authority to prescribe classes of
licences in the regulations;
amend the requirements in relation
to notice of intention to apply for a licence to remove the requirement to
publish the notice in a newspaper and allow the notice to be published in any media;
allow the board of the
Newfoundland and Labrador Liquor Corporation to set the form of an application
for licence;
remove the requirement that a
person submit an application in person;
remove the provisions relating
to identification cards as the board of the Newfoundland and Labrador Liquor
Corporation no longer issues identification cards;
change the prohibition of
consuming liquor in public to possessing liquor in public;
amend the powers of officers
for the purposes of inspection;
clarify that records include
electronic records and video recordings;
add authority to obtain telewarrants ;
remove the offence of peddling liquor;
increase penalties for certain offences;
amend the regulation-making
authority provisions;
replace all references to
"Trial Division" with the correct reference "Supreme
Court"; and
incorporate gender-neutral
language.
The Liquor
Corporation Act would be amended to
amend
definitions;
remove the authority to issue
licences under the Act;
clarify that the board of the
Newfoundland and Labrador Liquor Corporation may set the rate of gross profit
for alcoholic liquor and may set different rates for wine, spirits and beer;
amend the requirements in
relation to notice of intention to establish a liquor store or liquor agency to
remove the requirement to publish the notice in a newspaper and allow the
notice to be published in any media; and
incorporate gender-neutral
language.
A BILL
AN ACT TO AMEND THE LIQUOR CONTROL ACT AND
THE LIQUOR CORPORATION ACT
Analysis
LIQUOR
CONTROL ACT
S.2 R&S
Definitions
S.17 Amdt .
Powers of board
S.18 Amdt .
Investigations by board
S.27 R&S
Licences
S.28 Rep
Beer vendor's licence
S.29 R&S
S.33 Amdt .
Qualification for licence
S.34 R&S
Notice
S.35 Amdt .
Application
S.36 Amdt .
New or repaired premises
S.38 R&S
Application
process
S.40 Amdt .
Public hearings
S.41 Amdt .
Notice of hearing
S.44 Amdt .
Transfers of licences
S.48 Amdt .
Licence cancelled
S.49 Amdt .
Proceedings for cancellation
S.51 Amdt .
Appeal
S.52 Amdt .
Appointment of day for hearing
S.53 Amdt .
Posting of licence
S.53.1 Added
Marketing, advertising, sponsorship and promotionrestrictions
S.54 Amdt .
How to
keep alcoholic liquor
S.55 Amdt .
Unlicensed liquor not to be consumed
S.55.1 Added
Liquor not to be removed from licenses premises
S.56 R&S
Licence
restrictions
S.56.1 Amdt .
Tax
S.57 R&S
S.59 R&S
Proof of age
S.60 R&S
Issuance of permits and licences
S.61 Amdt .
Regulations
S.61.1 R&S
Fees and forms
S.67 Amdt .
Act does not apply to essences
S.68 Amdt .
Limitation on amount of liquor to be brought into province
S.69 Amdt .
Export liquor warehouses
S.70 Amdt .
Sale
S.72 Amdt .
Offences by minors
S.74 Amdt .
Adulteration
S.75 Amdt .
Sale prohibited
S.76 Amdt .
Supplying liquor to minors
S.77 Amdt .
Possession
of open alcoholic liquor in public place
S.79 Rep.
Peddling
S.80 Amdt .
Alcoholic liquor in motor vehicle
S.81 Amdt .
Order of interdiction
S.82 Amdt .
Possession
by interdicted person
S.83 Amdt .
Interdiction of premises
S.84 Amdt .
Placarding of interdicted premises
S.85 Amdt .
Transfer of interdiction
S.86 Amdt .
Persons found on premises where offences committed
S.88 Amdt .
Powers
of officers
S.89 Amdt .
Search for alcoholic liquor or records
S.89.1 Added
Telewarrant
S.90 Amdt .
Seizure of contraband
S.91 Amdt .
Disposal
S.92 Amdt .
Third party claims
S.99 Amdt .
Obstruction of officers
S.101 Amdt .
Protection of officers
S.102 R&S
Hindering
searches
S.103 Amdt .
Protection of employees
S.114 R&S
Presumption sale on premises
S.116 Amdt .
Appeals
S.117 Amdt .
Procedure on appeals
S.124 R&S
Offence and penalty
S.124.1 Amdt .
Offence: contraband
S.125 Amdt .
Default
S.131 Amdt .
Local alcohol committees
LIQUOR
CORPORATION ACT
S.2 Amdt .
Interpretation
S.5 Amdt .
Board
S.8 Amdt .
Chairperson and board member's powers
S.9 Amdt .
Use of seal
S.11 Amdt .
Conflict of interest
S.15 Amdt .
Budget may be revised
S.16 Amdt .
Minister's approval
S.25 Amdt .
Loans by government
S.28 Amdt .
Financial statement
S.29 Amdt .
Additional reports
S.32 Amdt .
Other audits
S.34 Rep.
Licences to brewers
S.35 R&S
Returns
S.36 R&S
Examination
of books
S.37 Rep.
Sale and delivery of beer
S.38 R&S
Containers
to bear label
S.38.1 Added
Gross profit
S.44 R&S
Action
against members
S.46 Amdt .
Prices
S.47 R&S
Notice
S.55 R&S
Fees and forms
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
LIQUOR CONTROL ACT
RSNL1990 cL-18
as amended
Section 2 of the Liquor Control Act is repealed and the following substituted:
Definitions
2. In
this Act,
(a) "alcoholic liquor" or
"liquor" means any substance appropriate
for human consumption containing alcohol in excess of the amount prescribed in
the regulations, including spirits, wine and beer or any combination of them;
(b) "beer" means any beverage containing
alcohol obtained by the fermentation of an infusion or decoction of barley malt
and hops or of any similar products in potable water;
(c) "board" means the board of directors appointed under
section 5 of the Liquor
Corporation Act ;
(d) "contraband" means alcoholic liquor that is not purchased, possessed,
acquired, transported, stored or sold in accordance with this Act or the regulations;
(e) "conveyance" means an instrument of transportation and includes the following:
(
i) a motor vehicle,
(ii) an off-road vehicle,
(iii) an aircraft,
(iv) a ship,
(
v) a boat,
(vi) a remotely operated vehicle, and
(vii) a vehicle running upon
fixed rails;
(f) "inspector" means a person authorized or appointed by the board in accordance
with this Act to enforce this Act and the regulations;
(g) "licence" means a licence issued under
this Act or the regulations to sell alcoholic liquor;
(h) "licensed premises" means premises in respect of which a licence has been issued;
( i ) "licensee"
means a person holding a valid licence issued under this Act or the regulations;
(j) "liquor agency" means a store
established, maintained or operated by an agent further to an agency agreement
with the board which buys alcoholic liquor from the liquor corporation and
sells it to the public;
(k) "liquor corporation" means the Newfoundland
and Labrador Liquor Corporation continued under the Liquor
Corporation Act ;
(l) "minister" means the minister appointed under the Executive Council Act to
administer this Act;
(m) "motor vehicle" means a vehicle propelled, driven or controlled otherwise than by
muscular power and includes a trailer;
(n) "officer" means a member of the Royal Newfoundland Constabulary or the
Royal Canadian Mounted Police, and includes inspectors acting under this Act;
(o) "permit" means a permit issued under this Act;
(p) "public place" means
(
i) a parking area or a building to which the public has or is
permitted to have access,
(ii) a highway, road,
street, lane or other thoroughfare,
(iii) unoccupied public
land, unoccupied private land or an unoccupied
building,
(iv) in relation to a
person who enters occupied land or an occupied building without the consent of
the occupant, the land or building so entered, and
(
v) a conveyance while
it is at, in or on a public or private road,
but does not
include a camp, trailer or conveyance that is being used as a permanent or
temporary dwelling on unoccupied private land;
(q) "sale" or "sell " includes
(
i) to solicit or receive an order,
(ii) to keep or expose
for sale,
(iii) to exchange or
otherwise to deliver for value in another way than purely gratuitously, or
(iv) to keep with the intent
to sell;
(r) "spirits" means any beverage
containing alcohol obtained by distillation;
(s) "trailer" means a vehicle which has no motive power of its own and which is
attached to a motor vehicle upon a highway and includes a cargo container on or
attached to a motor vehicle and a side-car attached to
a motorcycle; and
(t) "wine" means alcoholic liquor obtained by the fermentation of the natural sugars
contained in fruit, vegetables, vegetable products, honey or the like whether or not additional sugars are added.
2. Subsection 17(2) of the Act is amended by
deleting the words "Minister of Justice" and substituting the words
"Minister of Justice and Public Safety".
3. (1) Paragraph 18(1)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
(2) Subsection 18(4) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
Section 27 of the Act is repealed and the
following substituted:
Licences
27. The
board may issue the classes of licences prescribed in the regulations.
Section 28 of the Act is repealed.
Section 29 of the Act is repealed and the
following substituted:
Licence terms and
conditions
29. A
(
a) imposed by the board; and
(
b) prescribed in this Act, the regulations
and the Liquor Corporation Act .
7. (1) Subsection 33(1) of the Act is amended by
(
a) deleting the words "a person" and
substituting the words "an applicant"; and
(
b) deleting the words "his or her" and
substituting the words "the applicant's".
(2) Subsection 33(2) of the Act is repealed and
the following substituted:
(2) A licence shall not
be granted to an applicant unless the applicant is an appropriate person to
keep and operate the kind of premises in respect of which the licence is sought
and the applicant has not been convicted within 3 years before the application
for the licence for an offence under the Criminal Code punishable by
imprisonment of one year or more.
Section 34 of the Act is repealed and the
following substituted:
Notice
34. An applicant for a licence for an establishment shall,
before filing an application with the board, give notice of the applicant's
intention to apply for the licence, by publishing a notice in the form set by
the board, once a week for 3 consecutive weeks preceding the application in a
media circulating in the electoral district in which the premises to which the
application relates are situated, and by posting copies of the notice in
conspicuous places in the electoral district.
Section 35 of the Act is amended by deleting
the words "prescribed by the minister" wherever they appear and
substituting the words "set by the board".
10. Subsection 36(1) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the applicant".
Section 38 of the Act is repealed and the
following substituted:
Application
process
(1) An application for a licence shall be made in the
form and manner set by the board.
(2) T he board may
require an applicant to appear in person if the board considers it necessary
for the determination of the application.
(3) For the purpose of
subsection (2), an incorporated company may be represented by a director,
official or manager certified as such to the satisfaction of the board.
12. Subsection 40(3) of the Act is amended by
deleting the reference "section 3 of the Public Inquiries Act " and substituting the reference "section
9 of the Public Inquiries Act, 2006 ".
13. Paragraph 41(1)(
a) of the Act is repealed and
the following substituted:
(
a) in the same media in
which notice was given of the application to which the hearing relates, give
notice of the time and place of the hearing at which the application will be
considered, and the notice shall be published in that media, not more than 4
weeks and not less than 2 weeks before the sittings;
14. Subsection 44(2) of the Act is amended by
deleting the words "his or her" and substituting the word
"the".
15. (1) Paragraph 48(1)(
a) of the Act is repealed
and the following substituted:
(
a) the licensee persistently fails to comply with
this Act, the regulations, the Liquor
Corporation Act , an order, or a condition of the licence;
(2) Subsection 48(2) of the Act is amended by
deleting the words "he or she" and substituting the words "the trustee
in bankruptcy or the mortgagee in possession".
(3) Subsection 48(3) of the Act is amended by
deleting the words "wine, beer or spirits" and substituting the words
"alcoholic liquor".
16. (1) Subsection 49(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
licensee's or proposed transferee's".
(2) Subsection 49(4) of the Act is amended by
deleting the reference "section 3 of the Public Inquiries Act " and substituting the reference "section
9 of the Public Inquiries Act, 2006 ".
Section 51 of the Act is amended by
(
a) deleting the words "he or she" and
substituting the words "the person ";
(
b) deleting the words "his or her" wherever
they appear and substituting the words "the person's"; and
(
c) deleting the words "Trial Division" wherever
they appear and substituting the words "Supreme Court".
18. (1) Subsection 52(4) of the Act is amended by
deleting the words "he or she" and substituting the words "the
judge".
(2) Subsection 52(5) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court".
Section 53 of the Act is amended by deleting
the words "his or her" and substituting the words "the
licensee's".
20. The Act is amended by adding immediately after
section 53 the following:
Marketing,
advertising, sponsorship and promotion restrictions
53.1 All
marketing, advertising, sponsorships and promotions
related to alcoholic liquor shall comply with the requirements prescribed in
the regulations.
21. (1) Subsections 54(1) and (2) of the Act are
repealed and the following substituted:
How to keep
alcoholic liquor
(1) Al coholic liquor kept by a licensee for sale shall,
while in the licensee's possession, be kept in the container in which it was
when purchased by the licensee.
(2) A licensee shall not
(
a) put other alcoholic
liquor in a container in which another alcoholic liquor was purchased by the
licensee; or
(
b) dilute, alter or
treat deceptively the contents of a container of alcoholic liquor, while the alcoholic
liquor is in the licensee's possession.
(2) Subsection 54(3) of the Act is amended by
deleting the words "him or her" and substituting the words "the
licensee".
22. Subsection 55(2) of the Act is amended by
deleting the words "him or her" and substituting the words "a
licensee".
23. The Act is amended by adding immediately after
section 55 the following:
Liquor not to be removed
from licensed premises
55.1 A
person shall not remove liquor from a licensed premises except as permitted in
the regulations.
Section 56 of the Act is repealed and the
following substituted:
Licence
restrictions
(1) A licence issued under this Act or the regulations
shall be subject to the restrictions prescribed in the regulations.
(2) The regulations may prescribe different
restrictions for different classes of licences.
(1) Subparagraph 56.1(1)(c)(
i) of the Act is repealed and the following substituted:
(
i) purchased liquor for the person's own use or consumption or for the
use or consumption by other persons at the person's expense, or
(2) Subsection 56.1(2) of the Act is amended by
deleting the words "him or her" and substituting the words "the
purchaser".
(3) Subsection 56.1(4) of the Act is repealed and
the following substituted:
(4) A purchaser shall be
considered to have paid the tax at the time the liquor was purchased.
Section 57 of the Act is repealed and the
following substituted:
Requirement to
57. A holder of a licence or permit shall comply with the terms
and conditions of the licence or permit.
Section 59 of the Act is repealed and the
following substituted:
Proof of age
(1) A person wishing to purchase alcoholic liquor or
enter a licensed premises shall produce proof of age upon the demand of an
officer or an employee of the licensee, a liquor store
or a liquor agency.
(2) A licensee shall
require proof of age from a person who the licensee reasonably believes has not
reached 19 years of age before permitting that person to enter, be in or remain
upon a licensed premises except as permitted under this Act and the
regulations.
(3) The board may determine the acceptable forms
of proof of age of a person who wishes to purchase
alcoholic liquor or enter, be in or remain upon a licensed premises.
Section 60 of the Act is repealed and the
following substituted:
Issuance of
permits and licences
(1) A
person authorized to issue permits or licences under this Act and the
regulations shall not knowingly issue a permit or licence to a person who
(
a) is disqualified to apply for it by this Act or
the regulations; or
(
b) provides false particulars in the application
for a permit or licence.
(2) A person shall not have in the person's
possession a permit or licence that the person does not own unless the person
has the consent of the lawful owner of the permit or licence.
29. (1) Subsection 61(1) of the Act is amended by
adding immediately after paragraph (b.1) the following:
(b.2) prescribe the amount of alcohol for the
purposes of paragraph 2(a);
(2) Paragraph 61(1)(
e) of the Act is amended by
deleting the reference "section 28" and substituting the words
"this Act or the regulations".
(3) Paragraph 61(1)(
f) of the Act is repealed and
the following substituted:
(
f) prescribe classes of licences;
(4) Subsection 61(1) of the Act is amended by
adding immediately after paragraph (
f) the following:
class of licence;
(f.2) prescribe licence restrictions;
(5) Paragraphs 61(1)(
g) to (
i) of the Act are repealed.
(6) Subparagraph 61(1)(j)(
v) of the Act is amended
by deleting the word "quantity" and substituting the word
"volume".
(7) Paragraph 61(1)(
k) of the Act is repealed and
the following substituted:
(
k) prescribe the volume of alcoholic liquor that
is considered to be a standard serving;
(8) Paragraph 61(1)(
l) of the Act is amended by
deleting the word "board" and substituting the words "liquor
corporation".
(9) Subsection 61(1) of the Act is amended by
adding immediately after paragraph (
p) the following:
(p.1) prescribe the requirements respecting
marketing, advertising, sponsorships and promotions related to alcoholic liquor;
(10) Subsection 61(1) of the Act is amended by
adding immediately after paragraph (
q) the following:
(q.1) prescribe the circumstances in which liquor
may be removed from a licensed premises;
(11) Paragraph 61(1)(
s) of the Act is amended by
deleting the number "1" and substituting the word "one".
(12) Paragraph 61(1)(
t) of the Act is repealed.
(13) Subsection 61(1) of the Act is amended by
adding immediately after paragraph (
v) the following:
(v.1) provide for the calculation of interest for
the purposes of subsection 91(6);
(v.2) define a word or
phrase used but not defined in this Act; and
(v.3) provide for matters generally
to give effect to this Act.
(14) Paragraphs 61(1)(
w) to (
z) of the Act are
repealed.
Section 61.1 of the Act is repealed and the
following substituted:
Fees and forms
61.1 The minister may set fees and the board may set forms for
the purpose and administration of this Act.
31. Subsection 67(2) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one ";
(
b) deleting the words "his or her"
wherever they appear and substituting the words "the person's"; and
(
c) deleting the reference "section 82"
and substituting the reference "subsection 124(8)".
Section 68 of the Act is amended by
(
a) deleting the words "he or she"
wherever they appear and substituting the words "the person"; and
(
b) deleting the number "1" and
substituting the word "one".
Section 69 of the Act is amended by deleting
the words "his or her" and substituting the words "the
person's".
34. Subsection 70(2) of the Act is amended by
deleting the words "by him or her".
(1) Paragraph 72(
a) of the Act is repealed and
the following substituted:
(
a) enter a liquor store established or maintained
and operated by the liquor corporation unless accompanied by a parent or guardian;
(2) Paragraph 72(
b) of the Act is amended by
deleting the words "for himself or herself or another".
(3) Paragraph 72(
d) of the Act is amended by
deleting the words "him or her" and substituting the words "the
person".
36. Subsection 74(2) of the Act is repealed.
37. (1) Paragraph 75(1)(
d) of the Act is amended by
deleting the words "his or her" and substituting the words "the
officer's.
(2) Paragraph 75(1)(
f) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
38. Subsection 76(2) of the Act is repealed.
39. (1) Subsection 77(1) of the Act is repealed and
the following substituted:
Possession of
open alcoholic liquor in public place
(1) A person shall not possess open alcoholic liquor in a
public place, except under and in accordance with a valid licence or permit
issued under this Act and the regulations.
(2) Subsection 77(4) of the Act is repealed.
Section 79 of the Act is repealed.
41. Subsection 80(2) of the Act is repealed.
42. (1) Subsection 81(1) of the Act is amended by
(
a) deleting the words "his or her"
wherever they appear and substituting the words "the person's"; and
(
b) deleting the words "him or her" and
substituting the words "the person".
(2) Subsection 81(2) of the Act is amended by
(
a) deleting the reference "3 rd "
and substituting the word "third ";
(
b) deleting the words "he or she" and
substituting the words "the person"; and
(
c) deleting the words "or a person licensed under
the Liquor Corporation Act ".
43. (1) Subsection 82(1) of the Act is repealed and
the following substituted:
Possession by
interdicted person
(1) An interdicted person shall not keep, possess or
control alcoholic liquor.
(2) Subsection 82(2) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the interdicted person's".
(3) Section 82 of the Act is amended by adding
immediately after subsection (3) the following:
(4) Where a Provincial Court judge convicts a
person who contravenes subsection (1), the Provincial Court judge may declare
the alcoholic liquor and all packages in which it was contained to be forfeited
to the Crown.
44. (1) Paragraph 83(3)(
b) of the Act is amended by
deleting the words "he or she" and substituting the words "the offender".
(2) Subsection 83(5) of Act is amended by deleting
the words "he or she" and substituting the words "the purchaser
or new occupier".
Section 84 of the Act is amended by deleting
the words "his or her" and substituting the words "the
occupier's".
Section 85 of the Act is amended by deleting
the words "his or her" and substituting the words "the
occupier's".
Section 86 of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one ";
(
b) deleting the words "he or she" and
substituting the words "the person"; and
(
c) deleting the words "his or her" and
substituting the words "the person's".
48. (1) Subsection 88(1) of the Act is repealed and
the following substituted:
Powers of
officers
(1) An officer may, at all reasonable times, for a
purpose related to the administration or enforcement of this Act and the
regulations, inspect or examine the premises, processes, books and records of a
person that the officer may consider relevant for the purpose of determining
compliance with this Act and the regulations, and the officer may, without a
warrant, enter a ship, boat, building or place of business of a licensee or
upon the premises where that licensee's alcoholic liquor or records are kept
and may do one or more of the following:
(
a) ascertain the
quantities of alcoholic liquor purchased, on hand, sold or used by that licensee;
(
b) inspect, audit or examine bank statements, books of account, records,
financial statements, including balance sheets and profit and loss statements,
or other documents; or
(
c) do those other
things the officer considers necessary to determine compliance with this Act and
the regulations,
and the person
occupying or in charge of the ship, boat, building, place of business or
premises where the licensee's alcoholic liquor or records are kept shall
produce for inspection the alcoholic liquor or the books and records or other
documents that the officer may request.
(2) Section 88 of the Act is amended by adding
immediately after subsection (1) the following:
(1.1) For the purpose of
this section, "record" includes
(
a) an electronic
record; and
(
b) a video record which
has been created by or for the licensee of activities in or in the vicinity of
the licensed premises.
(3) Subsection 88(2) of the Act is repealed and
the following substituted:
(2) An officer acting
under subsection (1) may on any occasion and for the purpose of analysis, take
from a ship, boat, building, place of business or premises samples of alcoholic
liquor not exceeding an amount necessary for the purpose of conducting the
analysis.
49. (1) Subsection 89(1) of the Act is amended by
(
a) deleting the words "motor vehicle, all-terrain
vehicle, aircraft, ship or boat or a commercial, public or private premises"
wherever they appear and substituting the word "conveyance or a
commercial, public or private premises ";
(
b) deleting the words "motor vehicle, all-terrain
vehicle, aircraft, ship, boat or other thing" and substituting the word
"conveyance or other thing ";
(
c) deleting the word "and" at the end
of paragraph (
d) and adding immediately after that paragraph the following:
(d.1) seize and take away cell phones, computers,
electronic devices, storage devices and digital video recorders and shall
return them as soon as practicable; and
(2) Section 89 of the Act is amended by adding
immediately after subsection (1) the following:
(1.1) For the purpose of
this section, "record" includes
(
a) an electronic
record; and
(
b) a video record which
has been created by or for the licensee of activities in or in the vicinity of
the licensed premises.
(3) Subsection 89(2) of the Act is amended by deleting
the words "motor vehicle, all-terrain vehicle, aircraft, ship or
boat" wherever they appear and substituting the word "conveyance ";
(4) Subsection
89(3) of the Act is repealed and the following substituted:
(3) The owner or person
in charge of the conveyance or a premises referred to in this
section and a
person found there shall not obstruct an officer in the carrying out of the officer's
duties.
(5) Section 89 of the Act is amended by adding
immediately after subsection (4) the following:
(4.1) Subsection (4) does
not apply to a dwelling house.
50. The Act is amended by adding immediately after
section 89 the following:
Telewarrant
89.1
(1) Where, in the opinion of an officer it would not be
practical to personally appear before a Provincial Court judge to apply for a
warrant, the officer may make the application by telephone, facsimile or other
means of telecommunication.
(2) Where the
information on which an application for a warrant is submitted by telephone,
facsimile or other means of telecommunication, the information shall be given
under oath or affirmation, and the oath or affirmation may be administered by
telephone, facsimile or other means of
telecommunication.
(3) The information
submitted by telephone, facsimile or other means of telecommunication shall
include
(
a) a statement of the
circumstances that make it impracticable for the officer to appear personally
before a Provincial Court judge; and
(
b) a statement of the
officer's grounds for believing that a person has failed to comply with or
otherwise contravened this Act or the regulations or that entry onto premises
where a failure to comply with or a contravention of this Act or the
regulations is believed to occur has been denied.
(4) Th e sworn or
affirmed information submitted by telephone, facsimile
or other means of telecommunication by an officer shall specify the name of the
person giving evidence, the facts ascertained and the manner and location in
which evidence was received, and a record of that information shall be filed by
the Provincial Court judge with the clerk of the court over which the judge
presides.
(1) Section 90 of the Act is amended by
renumbering it subsection 90(1) and by
(
a) deleting the words "he or she"
wherever they appear and substituting the words "the officer ";
(
b) deleting the words "motor vehicle,
aircraft, ship or boat" wherever they appear and substituting the word
"conveyance"; and
(
c) deleting the words "detain a motor
vehicle, aircraft, ship, boat" and substituting the words "detain a
conveyance".
(2) Section 90 of the Act is amended by adding
immediately after subsection (1) the following:
(2) For the purpose of
this section, "record" includes
(
a) an electronic
record; and
(
b) a video record which
has been created by or for the licensee of activities in or in the vicinity of
the licensed premises.
52. (1) Subsection 91(3) of the Act is amended by
deleting the words "motor vehicle, aircraft, ship, boat" wherever
they appear and substituting the word "conveyance".
(2) Subsection 91(4) of the Act is amended by
deleting the words "motor vehicle, aircraft, ship, boat" and
substituting the word "conveyance".
(3) Subsection 91(5) of the Act is amended by
(
a) deleting the words "motor vehicle,
aircraft, ship, boat" and substituting the word "conveyance";
and
(
b) deleting the words "to him or her".
(4) Subsection 91(6) of the Act is amended by
(
a) deleting the words "his or her"
wherever they appear and substituting the words "the person's ";
(
b) deleting the words "to him or her" wherever
they appear; and
(
c) adding immediately after the word
"interest" the words "determined in accordance with the regulations."
53. (1) Subsections 92(1) to (3) of the Act are amended
(
a) deleting the words "motor vehicle,
aircraft, ship, boat" wherever they appear and substituting the word
"conveyance"; and
(
b) deleting the words "he or she" and
substituting the words "the Provincial Court judge".
(2) Subsection 92(4) of the Act is amended by
deleting the words "motor vehicle, aircraft, ship or boat" and
substituting the word "conveyance".
Section 99 of the Act is amended by
(
a) deleting the words "his or her" and
substituting the words "the officer's ";
(
b) deleting the words "him or her" and
substituting the words "the officer"; and
(
c) deleting the words "he or she" and
substituting the words "the officer".
Section 101 of the Act is amended by deleting
the words "him or her" and substituting the words "the
officer".
Section 102 of the Act is repealed and the
following substituted:
Hindering
searches
102. A
person shall not interfere with or hinder a person
authorized under this Act or by search warrant to investigate a contravention
of this Act or to make a search or examination or seizure in the performance of
the person's duties under this Act or the regulations.
Section 103 of the Act is amended by
(
a) deleting the words "when acting in his or
her official capacity" and substituting the words "when acting in the
officer's official capacity"; and
(
b) deleting the words "given in his or her
official capacity" and substituting the words "given in the person's
official capacity".
Section 114 of the Act is repealed and the
following substituted:
Presumption
sale on premises
114. A sale of alcoholic liquor made on the premises of a person
shall be considered presumptively as the act of the person on whose premises
the sale was made, and both the person making the sale and the person on whose
premises the sale was made are liable for the sale.
Section 116 of the Act is amended by
(
a) deleting the words "Trial Division"
wherever they appear and substituting the words "Supreme Court"; and
(
b) deleting the words "his or her"
wherever they appear and substituting the word "the".
Section 117 of the Act is amended by deleting
the words "Trial Division" wherever they appear and substituting the
words "Supreme Court".
Section 124 of the Act is repealed and the
following substituted:
Offence and
penalty
(1) A person who contravenes
section 55.1 is guilty of an offence and liable on
summary conviction
(
a) for a first offence, to a fine of $300 and in
default of payment of the fine to imprisonment for 2 days; and
(
b) for a second or subsequent offence, to a fine
of $500 and in default of payment of the fine to imprisonment for 3 days.
(2) A person who contravenes subsection 70(1) or
section 71 is guilty of an offence and liable on
summary conviction to a fine
of not less than $300 and not more than $50,000 or to imprisonment
for not more than 2 years, or to both a fine and imprisonment, and in default
of payment of the fine to imprisonment for not more than one year.
(3) A person who contravenes subsection 70(2) is
guilty of an offence and liable on
summary conviction to a fine of not less
than $300 and not more than $10,000 or to imprisonment
for not more than 2 years, or to both a fine and imprisonment, and in default
of payment of the fine to imprisonment for not more than 3 months.
(4) A person who contravenes subsection 74(1) is guilty
of an offence and liable on
summary conviction
(
a) for a first offence, to a fine of not less
than $300 and not more than $10,000 and in default of
payment of the fine to imprisonment for not less than one month and not more
than 6 months; and
(
b) for a second or
subsequent offence, to imprisonment for not more than 12 months without the
option of a fine.
(5) A person who contravenes subsection 77(1) is
guilty of an offence and liable on
summary conviction
(
a) for a first offence, to a fine of $300 and in default of payment of the fine to imprisonment for 2
days; and
(
b) for a second or subsequent offence, to a fine
of $500 and in default of payment of the fine to imprisonment for 3 days.
(6) A person who contravenes subsection 77(3) is
guilty of an offence and liable on
summary conviction to a fine of not less
than $500 and not more than $10,000 and in default of payment of the fine to imprisonment for not less than 3 months and not more than
12 months.
(7) A person who contravenes subsection 80(1) is
guilty of an offence and liable on
summary conviction to a fine of not less
than $300 and not more than $10,000 and in default of payment of the fine to
imprisonment for not less than 2 days and not more than 7 days.
(8) A person who contravenes subsection 82(1) is
guilty of an offence and liable on
summary conviction to a fine of not less
than $300 and not more than $500 and in default of payment of the fine to
imprisonment for not less than one month and not more than 6 months.
(9) A person who contravenes
section 102 is guilty
of an offence and liable on
summary conviction to a fine of not less than $300
and not more than $10,000 and in default of payment of the fine to imprisonment
for not less than one month and not more than 6 months.
(10) Except where
otherwise provided in this Act or the regulations, where a person contravenes this
Act or the regulations, the person is guilty of an offence and liable on
summary conviction
(
a) where the offence
was committed for profit or reward, to a fine of not more than $10,000 or to imprisonment
for not more than 12 months, or to both a fine and imprisonment and in default
of payment of the fine to imprisonment for not more than 3 months; or
(
b) w here the offence is
considered not to have been committed for profit or reward, to a fine of not
more than $5,000 or to imprisonment for not more than 3 months, or both a fine
and imprisonment and in default of payment of the fine to imprisonment for not
more than 3 months.
(1) Subsection 124.1(1) of the Act is repealed
and the following substituted:
Offence:
contraband
124.1
(1) A
person who purchases, possesses, acquires, transports, stores
or sells contraband is guilty of an offence and is liable on
summary conviction
(
a) for a first offence,
(
i) a fine of not less than $300 and not more than $10,000,
(ii) imprisonment for a
period of not more than 2 years, or
(iii) both a fine and
imprisonment, and
(iv) in default of payment, to imprisonment for a
period of not more than 6 months;
(
b) for a second
offence, to
(
i) a fine of not less than $500 and not more than $50,000,
(ii) imprisonment for a
period of not more than 2 years, or
(iii) both a fine and
imprisonment, and
(iv) in default of payment, to imprisonment for a
period of not more than one year; and
(
c) for a third or
subsequent offence, to
(
i) a fine of not less than $1,000 and not more than $100,000,
(ii) imprisonment for a
period of not more than 2 years, or
(iii) both a fine and
imprisonment, and
(iv) in default of payment, to imprisonment for a
period of not more than 2 years.
(2) Subsection 124.1(2) of the Act is amended by
deleting the amount "$150" and substituting the amount
"$200".
(3) Subsection 124.1(3) of the Act is amended by
(
a) deleting the reference "subsections
(1) and (2)" and substituting the reference "subsection (2)"; and
(
b) deleting the number "1" and
substituting the word "one".
Section 125 of the Act is amended by deleting
the words "Trial Division" wherever they appear and substituting the
words "Supreme Court".
64. Paragraph 131(1)(
a) of the Act is amended by
deleting the words "his or her" wherever they appear and substituting
the words "the person's".
LIQUOR CORPORATION ACT
RSNL1990 cL-19
as amended
65. (1) Paragraph 2(1)(
a) of the Liquor Corporation Act is repealed.
(2) Paragraph 2(1)(
b) of the Act is repealed and
the following substituted:
(b) "alcoholic liquor" or
"liquor" means any substance appropriate
for human consumption containing alcohol in excess of the amount prescribed in
the regulations under the Liquor Control
Act , including spirits, wine and beer or any combination of them;
(3) Paragraph 2(1)(
d) of the Act is repealed and
the following substituted:
(d) "beer" means any beverage containing
alcohol obtained by the fermentation of an infusion or decoction of barley malt
and hops or of any similar products in potable water;
(4) Subsection 2(1) of the Act is amended by
adding immediately after paragraph (
h) the following:
(h.1) "licensed manufacturer" means a manufacturer
of alcoholic liquor licensed under the Liquor
Control Act to sell alcoholic liquor;
(5) Paragraph 2(1)(
i) is
repealed and the following substituted:
( i ) "licensee"
means a person holding a valid licence issued under
and in accordance with the Liquor Control
Act and the regulations under that Act;
(6) Paragraphs 2(1)(
n) to (
q) of the Act are
repealed and the following substituted:
(n) "sale" or "sell" includes
(
i) to solicit or receive an order,
(ii) to keep or expose
for sale,
(iii) to exchange or
otherwise to deliver for value in another way than purely gratuitously, or
(iv) to keep with the
intent to sell;
(o) "spirits" means any beverage
containing alcohol obtained by distillation;
(p) "wine" means alcoholic liquor obtained by the fermentation of the natural sugars
contained in fruit, vegetables, vegetable products, honey or the like whether or not additional sugars are added; and
(q) "winery" means an establishment
licensed under the laws of Canada to produce wine.
66. (1) Paragraph 5(1)(
b) of the Act is amended by
deleting the words "his or her" and substituting the words "the
deputy minister's".
(2) Subsection 5(7) of the Act is amended by
deleting the words "he or she" and substituting the words "the
member".
67. (1) Subsection 8(1) of the Act is amended by
deleting the words "him or her" and substituting the words "the
chairperson".
(2) Subsection 8(3) of the Act is amended by
deleting the words "his or her" and substituting the words "the
chairperson's".
68. Subsection 9(1) of the Act is amended by
deleting the number "1" and substituting the word "one".
69. Subsection 11(2) of the Act is repealed and the
following substituted:
(2) Nothing in
subsection (1) prevents members of the board, officers
or other employees of the corporation from purchasing and possessing for their
personal use or the personal use of their family alcoholic liquor or cannabis
which the members, officers or other employees may lawfully purchase under this
Act, the Liquor Control Act , the Cannabis Control Act or a
regulation made under those Acts.
Section 15 of the Act is amended by deleting
the words "him or her" and substituting the words "the
minister".
71. (1) Subsection 16(1) of the Act is amended by deleting
the words "his or her" and substituting the words "the
minister's".
(2) Subsection 16(2) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the minister".
Section 25 of the Act is amended by deleting
the words "he or she" and substituting the words "the
Lieutenant-Governor in Council".
Section 28 of the Act is amended by deleting
the number "1" and substituting the word "one".
Section 29 of the Act is amended by deleting
the words "him or her" and substituting the words "the
minister".
Section 32 of the Act is amended by deleting
the words "he or she may specify in the order" and substituting the
words "the minister may specify".
Section 34 of the Act is repealed.
Section 35 of the Act is repealed and the
following substituted:
Returns
(1) A licensed manufacturer shall submit to the corporation
each month a return showing the gross amount of sales
made by that licensed manufacturer.
(2) A licensed
manufacturer who fails to submit a return required by subsection (1) within the
first 20 days of the month following the month reported in the return is guilty
of an offence and liable on
summary conviction to a penalty of $100 a day for
each day the return is delayed, counting from the date the return was due.
Section 36 of the Act is repealed and the
following substituted:
Examination of
books
(1) T he corporation may examine the books and other
related information as determined by the corporation of a licensed manufacturer
making or required to make the returns referred to in
section 35 or may
otherwise verify the accuracy of those returns.
(2) A licensed
manufacturer who refuses to allow an examination referred to in subsection
(1) or who fails to make returns in accordance with this Act is guilty of an
offence.
Section 37 of the Act is repealed.
Section 38 of the Act is repealed and the
following substituted:
Containers to
bear label
(1) Alcoholic liquor produced for sale by a licensed
manufacturer shall be sold in containers with labels that have received prior
approval of the corporation and shall comply with the laws of Canada respecting
packaging, labelling and quality control standards.
(2) A licensed
manufacturer or other person who contravenes this
section is guilty of an
offence, and liable on
summary conviction to a fine of not more than $1,000 and
in default of payment of the fine to a term of imprisonment for not more than 6
months.
81. The Act is amended by adding immediately after
section 38 the following:
Gross profit
38.1
(1) The board may set the rate of gross profit and may
set different rates for different types or classes of alcoholic liquor or based
upon different volumes of alcoholic liquor produced by a brewer, winery or distillery.
(2) A brewer, before the
delivery of beer, shall collect and forward together with the monthly return
referred to in
section 35, in respect of beer to be delivered by the brewer
either by sale or by gift under a licence issued under the Liquor Control
Act to persons other than the corporation, an amount equal to the gross
profit which would have accrued to the corporation if the beer had been sold by
the corporation.
(3) A brewer or other
person who contravenes this
section is guilty of an offence, and liable on
summary conviction to a fine of not more than $1,000 and in default of payment
of the fine to a term of imprisonment for not more than 6 months.
Section 44 of the Act is repealed and the
following substituted:
Action against
members
(1) A person who proposes to take an action or proceeding
against a member of the board or against an official of the corporation for
anything done or omitted to be done in or arising out of the performance of the
member's or official's duties under this Act shall notify the minister of the
person's intention to do so, and an action or proceeding shall not be started
until the expiration of 30 days after the service of the notice on the
minister.
(2) A n action, order or decision of the board as to a matter or thing in
respect of which a power, authority or discretion is conferred on the board by
this Act is final and shall not be questioned, reviewed or restrained by a
proceeding in a court.
83. Subsections 46(1) and (2) of the Act are
repealed and the following substituted:
Prices
(1) The board may set the prices at which the various
classes, varieties and brands of liquor are to be sold and different prices may
be set in respect of liquor sold to the corporation, to a licensee and to the
public.
(2) The board may set the
price for empty alcoholic liquor containers and may set the prices at which
empty containers are to be sold
(
a) by the corporation, to a licensee and to another person;
(
b) by
a licensee to the corporation and to
another person; and
(
c) by
another person to a licensee.
Section 47 of the Act is repealed and the
following substituted:
Notice
47. After the minister approves the establishment of a liquor
store or provides for the sale of liquor at a liquor agency, the board shall
give a notice of its intention to establish the liquor store or liquor agency by
publishing a notice in at least one media in the electoral district where the
liquor store or liquor agency would be located and by posting copies of the
notice in conspicuous places in the area in which the liquor store or liquor
agency would be situated.
Section 55 of the Act is repealed and the
following substituted:
Fees and forms
55. The minister may set fees and the board may set forms for
the purpose and administration of this Act.
Commencement
86. This Act, or a section, subsection
or paragraph of it, comes into force on a day or days to be proclaimed by the
Lieutenant-Governor in Council.
King's Printer