Third Session, 47th

General Assembly

63 Elizabeth II,

BILL 34

AN ACT TO REVISE AND CONSOLIDATE

THE LAW RESPECTING THE CONTROL OF LIQUOR IN THE PROVINCE

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE ROSS

WISEMAN

Minister of Finance

and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would consolidate the Liquor Corporation Act and the Liquor Control Act in order to revise and

consolidate the law with respect to the control of liquor in the province.

In particular, the Bill would

clarify the roles of the Newfoundland and

Labrador Liquor Corporation and the board;

consolidate and update various

classes of licences and licensing processes;

expand conditions under which

licences may be suspended or cancelled to include convictions for offences

respecting violence or drugs;

apply requirements respecting

licensure to beneficial owners;

remove the prohibition against

consumption of alcoholic beverages in licensed premises on Christmas Day and

Good Friday;

strengthen provisions

respecting minors and alcoholic beverages, and allow for compliance testing by

minors in prescribed circumstances;

provide that officers who are

members of the RNC or RCMP may remove persons who create a risk of violence

from licensed premises; and

modernize penalty provisions.

A BILL

AN ACT TO REVISE AND CONSOLIDATE THE LAW

RESPECTING THE CONTROL OF LIQUOR IN THE PROVINCE

Analysis

Short title

Definitions

Application

Labrador Inuit rights

PART

CORPORATION

Corporation

Status of corporation

Powers of the corporation

Board

Members of board are members of

corporation

Remuneration and terms of service

Chairperson and board member's powers

Committees of the board

Tribunal

Adjudication of hearings

Use of seal

Appointment of staff

Conflict of interest

Financial year

Annual budgets to be submitted

Budget may be revised

Minister's approval

Corporation limited to budget

Power of corporation to borrow

Guarantee of certain loans

Manner and form of guarantee

Guarantee of interest, etc.

Further respecting guarantee

Short term loans

Agreements

Loans by government

Performance under guarantee

Report to minister

Financial statement

Additional reports

Minutes to be kept

Audit of accounts

Other audits

Expenses

All money to be paid to corporation

Vouchers and cheques

Disposal of profits

Prices

Prices-empty beer bottles

Prohibition

PART

LICENSURE

Types of licences

Licences generally

Restriction

Brewers, brewer's distributors licences

Investigations re: licence held or

sought

Qualifications of licensees

Qualification for licence

Advertisement

Application

Effective date of licence

New or repaired premises

Application process

Objections

Public hearings

Notice of hearing

Issuance or denial of licence

Application of certain sections

Transfers of licences

Application of sections

Suspension or cancellation by

corporation

Suspension by inspector

Suspension or cancellation by board

Proceedings

Disposition

Appeal

Rules of the

Supreme Court, 1986 apply

Appeal from Nunatsiavut government

decision

PART

III

GENERAL

Posting of licence

How to keep alcoholic beverage

Unlicensed alcoholic beverage not to be

consumed

Restrictions on licensees

Days and hours of sale

No consumption on premises

Minors

Identification card

Issue of licences

Use and disposition of alcoholic liquor

obtained under authorization

Persons licensed by federal statute

Act does not apply to essences

Limitation on amount of alcoholic

beverage to be brought into province

Movement of alcoholic beverages within

the province

Export alcoholic beverage warehouses

Sale

Sale

to be in accordance with Act and regulations

Adulteration

Possession of still prohibited

Sale

prohibited

Consumption of alcoholic beverage in a

public place

Prohibition

Alcoholic beverage in motor vehicle

Removing persons who create a risk of

violence

Tax

PART

INSPECTION, SEARCH AND SEIZURE

Inspection to determine compliance

Search and seizure- suspected

contravention

Seizure of contraband

Disposal

Third party claims

Arrest

Obstruction of officers

Search warrants

Telewarrant

Limitation period

Evidence

Delivery a sale

Places of concealment

Form of summons

Presumption -sale on premises

Proof of alcoholic beverage

No liability

Appeals

PART

LIMITED APPLICATION TO PARTICULAR COMMUNITIES

Application of sections

Definitions

Local option for access to alcoholic

beverages

Implementation of council decision

Local alcohol committees

Restrictions on the frequency of voting

No liability

Regulations

PART

OFFENCE AND PENALTY

Offence re: removal of alcoholic

beverages

Offence re: returns, labels

Offence re: minors

Offence re: sale

Offence re: sale

Offence re: adulteration

Offence re: consumption in public place

Offence re: giving or selling alcoholic

beverages

Offence re: alcoholic beverages in motor

vehicle

Offence re: failure to leave

Offence: contraband

Offence re: hindering search

General offence and penalty

Conviction under previous Act

Offences under Act and regulations

Offences by corporations

PART

VII

REGULATIONS, TRANSITIONAL AND COMMENCEMENT

Regulations

Regulations

Fees and forms

Transitional

SNL2005 cS-16.2 Amdt.

SNL2010 cT-0.02 Amdt.

RSNL1990 cY-1 Amdt.

NLR 59/03 Amdt.

NLR 26/01 Amdt.

NLR 153/04 Amdt.

NLR 78/99 Amdt.

Repeal

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Liquor Control

Act, 2014.

Definitions

2. In

this Act

(a) "alcohol" means the product of the

distillation of a fermented liquid rectified either once or more often,

whatever may be the origin of the liquid, and includes synthetic ethyl alcohol;

(b) "alcoholic beverage" means an

alcoholic, spirituous, vinous, fermented or malt liquor or combination of

liquors, and all drinks or drinkable liquids and consumable solids, patented or

not, containing 0.5% and upwards of alcohol by volume;

(c) "approved premises" means premises

falling within a class of premises approved by the corporation for the establishment

of a liquor agency;

(d) "beer" means an alcoholic beverage

obtained by the fermentation of an infusion or decoction, in drinkable water,

of malted cereal grain and which possesses the aroma, taste and characteristics

normally attributed to beer;

(e) "beverage room" means a

multi-purpose room of a premises where the sale of alcoholic beverages by the

glass, open bottle or other container is permitted, and which includes those

premises prescribed in the regulations;

(f) "board" means the board of directors

appointed under

section 8 ;

(g) "brew restaurant" means a restaurant

that offers a full service menu and has a microbrewery on the premises;

(h) "brewer" means a person who holds a

brewery licence;

(i) "brewery" means a place or building where

beer is produced and which is licensed under the laws of Canada ;

(j) "club" means a corporation, society

or association of persons organized or carried on for purposes of a social,

fraternal, sororal or athletic nature, but not for monetary gain, and includes

the premises occupied or used for that purpose and a military mess;

(k) "contraband" means alcoholic

beverages that are not purchased, possessed, acquired, transported, stored or

sold in accordance with this Act and the regulations;

(l) "conveyance" means an instrument of

transportation and includes the following:

(

i) a motor vehicle,

(ii) an all-terrain vehicle,

(iii) an aircraft,

(iv) a ship,

(

v) a boat, and

(vi) a vehicle running upon fixed rails;

(m) "corporation" means the Newfoundland and

Labrador Liquor Corporation continued under

section 5 ;

(n) "cottage winery" means a winery that

produces less than the number of hectolitres of wine per year as prescribed by

the minister in the regulations;

(o) "distillery" means a place or

building where spirits are produced and which is licensed under the laws of Canada ;

(p) "former Act" as the context

requires, means the Liquor Corporation

Act or the Liquor Control Act, or

both of them;

(q) "identification card" means an

identification card acceptable to the corporation;

(r) "inspector" means a person

authorized or appointed by the corporation in accordance with this Act to

enforce this Act and the regulations;

(s) "licence" means a licence issued

under this Act or the former Act to sell alcoholic beverages;

(t) "licensed premises" means premises in

respect of which a licence has been issued;

(u) "licensee" means a person,

partnership or corporation holding a valid licence issued under this Act;

(v) "liquor agency" means a store

established or maintained by an agent further to an agency agreement with the

corporation which buys alcoholic beverages from the corporation and sells them

to the public;

(w) "liquor store" means a store

established or maintained and operated by the corporation in which alcoholic

beverages are sold to the public ;

(x) "lounge" means a place or building

where the primary source of income is the sale of alcoholic beverages and which

is the location where those alcoholic beverages are consumed;

(y) "microbrewery" means a brewery that

produces less than the number of hectolitres of beer per year as prescribed by

the minister in the regulations;

(z) "military mess" includes a canteen

and an institute in a building or camp used for the accommodation of the active

or reserve units of the naval, military or air forces of Canada;

(aa) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(bb) "motor vehicle" means a vehicle

propelled, driven or controlled otherwise than by muscular power and includes a

trailer;

(cc) "officer" means a member of the

Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police, and, except

section 95 includes inspectors acting under

this Act;

(dd) "peddling" means having on one's

person or transporting with one any alcoholic beverage and selling or intending

to sell it contrary to this Act or the regulations;

(ee) "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, 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

vehicle that is being used as a permanent or temporary dwelling on unoccupied

private land;

(ff) "restaurant" means an establishment

which is exclusively engaged in the serving of meals to the public in consideration

of payment;

(gg) "sale" or "sell" includes

to solicit or receive an order for, to keep or expose for sale, to barter or

exchange or otherwise deliver for value, to peddle, to keep with intent to

sell, to traffic in, or for a consideration, promised or obtained, directly or

indirectly, or under a pretext, or to obtain or allow to be obtained for

another person;

(hh) "spirits" means alcoholic beverages

obtained by distillation mixed with drinkable water and other substances in

solution, and includes brandy, rum, whiskey, vodka, tequila and gin;

(ii) "still" means an apparatus for

distillation of alcoholic beverages;

(jj) "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 motor cycle;

(kk) "wine" means an alcoholic beverage

obtained by the fermentation of natural sugars contained in fruit, vegetables,

vegetable products, honey or the like; and

(ll) "winery" means a place or building

(

i) where

(

A) wine is produced by the fermentation of the

natural sugars contained in fruit, vegetables or vegetable products or honey,

or the like,

(

B) wine concentrate or bulk wine which has been imported

is blended, or

(

C) wine is bottled and packaged for sale to the

corporation or to other provincial liquor authorities, and

(ii) which is licensed under the laws of Canada .

Application

(1) Notwithstanding

another provision of this Act, this Act shall not apply to beer and wine that

is made or brewed by a person for personal or family consumption.

(2) Subsection (1) does not apply to beer or wine

made or brewed on premises, in containers and using facilities, equipment, machinery

or utensils that are rented or for which a fee is paid for the purpose of

making or brewing that wine or beer.

Labrador Inuit

rights

4. This

Act and regulations made under this Act shall be read and applied in

conjunction with the Labrador Inuit Land

Claims Agreement Act and, where a provision of this Act or regulations made

under this Act is inconsistent or conflicts with a provision, term or condition

of the Labrador Inuit Land Claims

Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or a regulation made under this Act.

PART I

CORPORATION

Corporation

5 . The

Newfoundland

and Labrador Liquor Corporation is continued as a corporation.

Status of corporation

6 .

(1) The

corporation is an agent of the Crown.

(2) Property of the corporation is the property of

the Crown and title to it shall be held in the name of the corporation.

(3) The rights and powers granted to the

corporation by this Act shall be in addition to the rights and powers conferred

on it by

section 19 of the

Interpretation

Act and, notwithstanding that it is an agent of the Crown, the corporation

may enforce and exercise all of the rights and powers in its own name.

Powers of the

corporation

(1) The

corporation may

(

a) buy, import and have in its possession for

sale and sell alcohol, alcoholic beverages and articles associated with them in

the manner set out in this Act and the regulations;

(

b) control the possession, sale and delivery of

all alcohol and alcoholic beverages in accordance with this Act and the regulations;

(

c) manufacture, blend, package, mix, dilute or

otherwise prepare for sale alcoholic beverages;

(

d) with the approval of the minister,

(

i) establish, maintain and operate liquor stores

at the places in the province that may be considered advisable for the sale of

alcoholic beverages in accordance with this Act and the regulations,

(ii) establish liquor agencies at approved premises

authorizing those agencies to sell alcoholic beverages or specified kinds of

alcoholic beverages in accordance with the Act and the regulations, or

(iii) establish liquor stores and liquor agencies in

the same locality;

(

e) prescribe, subject to the approval of the

minister, the days on which liquor stores are to be closed for business and on

which alcoholic beverages may not be sold at liquor agencies, and different

days may be prescribed for different liquor stores or liquor agencies in the

province;

(

f) prescribe, subject to the approval of the

minister, the days and hours during which liquor stores may be open for business

and alcoholic beverages may be sold at liquor agencies, including those days

and hours in respect of the whole or part of a year or a specified time or a

specified occasion, and different days and hours may be prescribed for

different liquor stores and different liquor agencies in the province;

(

g) 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 and the regulations;

(

h) buy or lease all plant and equipment it may

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

of this Act and the regulations;

(

i) employ the staff that may be required and

engage the services of experts and persons engaged in the practice of a profession,

where considered expedient;

(

j) determine the nature, form and capacity of all

packages to be used for containing alcoholic beverages kept or sold under this

Act and the regulations;

(

k) appoint officials to administer this Act and

the regulations;

(

l) appoint or authorize inspectors for the

purpose of this Act and the regulations;

(

m) issue, deny, transfer, suspend or cancel licences

under and in accordance with this Act and the regulations; and

(

n) do all the things that are considered

necessary or advisable by the corporation for the purpose of carrying into

effect this Act and the regulations.

(2) An inspector appointed under this Act has, for

the purpose of enforcing this Act and the regulations, except

section 95 , the powers of a member of the Royal Newfoundland

Constabulary.

Board

8 .

(1) The

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

(

a) exercise and discharge the powers and duties

of the corporation; and

(

b) exercise and discharge the powers and duties

of the board under this Act.

(2) The board shall comprise 7 members, including

the president.

(3) The Lieutenant-Governor in Council shall

designate one member of the board to be the chairperson.

(4) The Lieutenant-Governor in Council shall

designate one member of the board to be the vice-chairperson.

(5) The president shall be the chief executive

officer of the corporation and shall perform those duties and responsibilities

assigned by the board.

(6) A member of the board holds office for a term

of 3 years from the date of that member's appointment.

(7) Notwithstanding subsection (6), a member of

the board whose term has expired shall continue to be a member until

reappointed or replaced.

(8) Notwithstanding subsection (6), the president

holds office during pleasure.

(9) The president is subject to the Public Service Pensions Act, 1991 .

(10) The board may make by-laws

(

a) for the management of the property of the

corporation;

(

b) relating to the meetings of the board and

procedures of those meetings;

(

c) which govern the adjudication of matters under

the Act; and

(

d) for the purpose of carrying out its duties or

purposes under this Act or the regulations .

Members of board

are members of corporation

9 .

(1) For

the purpose of

section 19 of the

Interpretation

Act, the members of the board shall be considered to be members of the corporation.

(2) A member of the board does not become, because

of the office only, an officer or servant of the Crown.

Remuneration and

terms of service

10 . The

president, chairperson and members of the board shall be paid the salaries or

other remuneration that the Lieutenant-Governor in Council may by order determine.

Chairperson and

board member's powers

11 .

(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, or the regulations.

(2) The chairperson shall preside over all meetings

of the board, but during the incapacity or absence of the chairperson or vacancy

in the office of chairperson, the vice-chairperson of the board or another

member designated by the Lieutenant-Governor in Council shall preside over the

meetings and has and may exercise the powers of the chairperson and shall

discharge his or her duties.

(3) The acts done by the board shall, notwithstanding

that it is afterwards discovered that there was some defect in the appointment

or qualification of a person purporting to be a member of the board, be as

valid as if that defect had not existed.

Committees of the

board

12. The

board may appoint committees which may include the chairperson and the other members

of the board that the board may consider necessary for the competent management

of the affairs of the corporation.

Tribunal

(1) In

addition to committees appointed under

section 12 ,

the board may appoint a tribunal of members of the board which shall, when

assigned those duties by the board on behalf of the corporation, be responsible

for the management of the application and enforcement of this Act and the

regulations.

(2) The tribunal shall consist of the following

members of the board:

(

a) the chairperson;

(

b) the vice-chairperson; and

(

c) the chief executive officer of the

corporation.

(3) The chairperson may appoint a member of the

board as an alternate member of the tribunal who, in the absence of the member

for whom he or she is the alternate member, may act on the tribunal for and in

the place of that member, and during that absence the alternate member has and

may exercise the powers and carry out the duties of that member with respect to

the tribunal.

(4) A decision made by the tribunal under this

section shall be considered to be a decision of the board.

Adjudication of

hearings

(1) The

board may delegate its authority to adjudicate a hearing under this Act to the

tribunal referred to in

section 13 .

(2) The board may delegate its authority under

subsection (1) without reference to a particular dispute.

(3) The procedure on a hearing before the board or

before the tribunal under subsection (1) shall be determined by that body.

Use of seal

15 .

(1) The

affixing of the common seal of the board shall be certified by at least one

member of the board and by the person acting as secretary of the board.

(2) A contract or instrument which if entered into

or executed by a person not being a corporation would not be required to be

under seal may be entered into or executed on behalf of the corporation by a

person generally or specially authorized by the corporation for that purpose.

Appointment of

staff

16 . The

board may appoint a secretary and those officers, managers, accountants and

other staff and employees that it may consider necessary and fix their

remuneration and terms of service in accordance with the budget approved by the

minister for the financial year in which the appointment is made.

Conflict of

interest

17 .

(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 beverages or in an undertaking in which an alcoholic

beverage is required;

(

b) premises in respect of which a licence has

been issued under this Act or the former Act;

(

c) a contract or other arrangement in respect of

premises upon which an alcoholic beverage is manufactured, produced, sold or

kept for sale; or

(

d) purchases or sales made by the corporation or

by persons authorized under this Act or the regulations to purchase or sell alcoholic

beverages.

(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 beverages which he or she may lawfully purchase

under this Act and the regulations.

Financial year

18 . The

financial year of the corporation shall begin on the first Sunday in April in

each year.

Annual budgets to

be submitted

19 .

(1) The

corporation shall prepare and adopt and submit to the minister a budget containing

estimates of all sums required during the next financial year for the purposes

of the corporation, and in each budget there shall be set out

(

a) the estimated revenue and expenditure; and

(

b) the estimated staff complement,

in the detail and in the form that the

minister prescribes.

(2) The budget referred to in subsection (1) shall

be submitted to the minister on the earlier of

(

a) February 28 in a year; or

(

b) another date determined by the minister.

(3) Where the minister determines that a budget must

be submitted on a date referred to in paragraph (2)(b), the minister shall give

the corporation 30 days notice of that date.

Budget may be

revised

20 . Where

in a financial year it appears that the actual revenue or expenditure of the

corporation is likely to be substantially greater or less than estimated in its

budget, the board may, and where required by the minister shall, submit to him

or her a revised budget containing the particulars required under

section 19 and in addition particulars of actual receipts and

payments and outstanding liabilities up to the date of submission.

Minister's

approval

(1) The

minister may approve or disapprove a budget submitted by the board or may

approve a budget subject to amendments to it to be prescribed by the minister

at the time of his or her approval.

(2) Where the minister requires the board to

submit a revised budget, he or she may notify the board that the approval given

in respect of a budget previously submitted is withdrawn and if the minister

does so, he or she shall state the date upon which the withdrawal of approval

takes effect.

Corporation

limited to budget

22. Except with the approval of the minister, the corporation shall not

enter upon or contract or become liable for an expenditure or indebtedness

beyond or in excess of the estimated amount of expenditure set out in an

approved budget.

Power of corporation

to borrow

23 .

(1) Subject

to the prior approval of the Lieutenant-Governor in Council, the corporation

may

(

a) borrow money for its purposes, including

capital financing; and

(

b) to secure the repayment of money borrowed,

(

i) issue bonds, debentures or other securities of

the corporation,

(ii) execute and deliver mortgages, assignments,

conveyances, charges or other encumbrances of and over property of every nature

and kind, both present and future, title to which is vested in the corporation,

and

(iii) enter into, execute and deliver a trust deed,

trust indenture or an agreement with a lender, a trustee acting for the holders

of bonds and debentures or other person or with any of them,

and all money may be borrowed at the rate

documents may be issued or executed and delivered in the form, that the

Lieutenant-Governor in Council approves.

(2) The securities of the corporation may be made

payable in a currency approved by the Lieutenant-Governor in Council and expressed

in the security.

(3) The total of money to be raised by the

corporation by loans shall not exceed a limit to be fixed by the

Lieutenant-Governor in Council, and it is the duty of the minister to ensure

this total is not exceeded.

Guarantee of

certain loans

24 .

(1) Subject

to the prior approval of the Lieutenant-Governor in Council, the minister

acting for and on behalf of the Crown may unconditionally guarantee both as to

principal, interest, including interest on overdue interest, premium and

sinking fund payments, loans authorized under

section 23

to be raised by the corporation, and a loan may be raised by way of bonds,

debentures, or other securities to be issued by the corporation,

(

a) in a principal amount not exceeding the

amount;

(

b) at a rate of interest;

(

d) with provision for redemption at the time,

that may be approved by the

Lieutenant-Governor in Council, and the bonds, debentures, or other securities

may be issued or sold in the numbers and amounts, at those times, at those

prices, and upon those terms that the Lieutenant-Governor in Council may

approve.

(2) The total of all loans to the corporation to

be guaranteed by or on behalf of the Crown shall not exceed a limit to be fixed

by the Lieutenant-Governor in Council, and it is the duty of the minister to ensure

that this total is not exceeded.

Manner and form

of guarantee

25. Notwithstanding

the Financial Administration Act or

another Act or law, when a guarantee is given under

section 24 , it shall be given in the manner and form that the

Lieutenant-Governor in Council approves, and the form of guarantee shall be

signed on behalf of the province by the minister, and the signature of the

minister may be engraved, lithographed or otherwise mechanically reproduced on

the bonds, debentures or other securities in respect of which the guarantee is

given.

Guarantee of

interest, etc.

26 . Where

the payment of an interest, premium, or sinking fund payment has been

guaranteed under this Act, the Crown may incur liability in excess of the

principal amount of the loan to be raised by bonds, debentures, or other

securities, to the extent of the guarantee of the interest, premium or sinking

fund payment.

Further

respecting guarantee

27 . The

power conferred by

section 24 to guarantee the

repayment of bonds, debentures, or other securities includes the power to guarantee

the repayment of part of those bonds, debentures or other securities.

Short term loans

(1) The

corporation may, for its purposes, raise short term loans

(

a) in the manner and form;

(

b) in the amounts;

(

c) in the currencies;

(

d) for a period not exceeding 2 years;

(

e) at the rates of interest, including interest

on overdue interest; and

(

f) on the conditions, including conditions

relating to discounts, premiums, charges and commissions,

that the corporation may determine.

(2) The total of short term loans raised under

subsection (1) and outstanding shall not exceed a limit to be fixed by the

Lieutenant-Governor in Council, and it is the duty of the minister to see that

this total is not exceeded.

(3) The minister acting for and on behalf of the

Crown may unconditionally guarantee the repayment of a sum raised under subsection

(1), the payment of interest on it, including interest on overdue interest and

the payment of a premium.

(4) The total of guarantees made under subsection

(3) and outstanding shall not exceed a limit to be fixed by the

Lieutenant-Governor in Council, and it is the duty of the minister to ensure

that this total is not exceeded.

(5) A guarantee given under this

section shall be

in the form that the minister approves and the form of guarantee shall be

signed on behalf of the province by the minister whose signature may be engraved,

lithographed or otherwise mechanically reproduced on the bonds, debentures or

other securities in respect of which the guarantee is given.

Agreements

29 . The

minister, acting for and on behalf of the Crown, may enter into, execute and

deliver a trust deed, trust indenture, or an agreement with the corporation, a

lender, a trustee acting for the holders of bonds, debentures or other

securities of the corporation or another person or company or with any of them,

and in accordance with this Act.

Loans by government

30. Notwithstanding

anything to the contrary in the Financial

Administration Act or another Act or law, the Lieutenant-Governor in

Council may advance to the corporation a sum he or she considers to be

necessary or desirable to enable the corporation to reach its objects or to

carry on its business, and the advance may be made in the amount for the term,

by the Lieutenant-Governor in Council.

Performance under

guarantee

31 . A

payment or advance that the Crown may approve in the exercise of a power

conferred by this Act or be required to make under this Act shall be paid by

the minister out of the Consolidated Revenue Fund of the province or, where the

payment is to be made in performance of a guarantee, it may be paid out of

funds provided in the manner prescribed in

section 55 of the Financial Administration Act.

Report to

minister

32 .

(1) The

board shall, not later than September 30 in each year, prepare and submit to

the minister a financial statement setting out the assets and liabilities of

the corporation and the receipts and expenditures of the corporation for the

previous financial year, together with a report concerning the work of the

corporation during the previous financial year.

(2) The statement and report referred to in

subsection (1) and the audit of the annual financial statement of the

corporation referred to in

section 36 shall be

laid before the House of Assembly within 15 days after they are submitted to

the minister if the House of Assembly is then sitting, or if the House of

Assembly is not then sitting,

section 19.1 of the House of Assembly Act applies as if the report and statement were a

report of an office of the House of Assembly.

Financial statement

33 . The

financial statement referred to in

section 32

shall be signed by the chairperson and one member of the board and certified by

the auditor appointed under

section 36 and

shall have attached to it the report which the auditor has made to the corporation.

Additional

reports

34 . The

board shall provide to the minister the financial statements and other reports

additional to those referred to in

section 32

and other information that the minister may request covering the period that

may be prescribed by him or her.

Minutes to be

kept

35 . The

members of the board shall ensure that regular minutes of the meetings of the

board are kept, and shall ensure that complete books of account and records are

kept.

Audit of accounts

36 .

(1) The

corporation shall appoint the auditor general or a firm of auditors to audit

the annual financial statements of the corporation.

(2) Notwithstanding subsection (1), the auditor

general may conduct an additional examination and investigation of the records

and operation of the corporation whenever the auditor general considers it

expedient.

(3) For the purpose of an audit, examination or

investigation conducted by the auditor general under subsection (2), the

auditor appointed under subsection (1) shall, when so requested,

(

a) deliver to the auditor general after

completion of the audit a copy of the audited financial statements of the

corporation;

(

b) make available to the auditor general all

working papers, reports, schedules and other documents in respect of the audit;

and

(

c) provide to the auditor general a full

explanation of work performed, tests and examinations made and the results obtained,

and other information relating to the audit within the knowledge of that

auditor with respect to the corporation.

(4) Whenever the auditor appointed under

subsection (1) makes an interim examination of the accounts of the corporation

during the course of a financial year, that auditor shall submit a report of

the examination to the chairperson and to the minister, and the minister shall

lay the report before the House of Assembly with the statement and report

referred to in

section 32 .

Other audits

37 . The

minister may designate or appoint an auditor to carry out the audit of the

corporation's accounts and business that he or she may specify in the order,

and an auditor so designated or appointed shall have authority to call for and

shall be supplied by the board with all books and vouchers which the auditor

considers necessary for that audit.

Expenses

38 . All

expenses, debts and liabilities incurred by the corporation in connection with

the administration of this Act or imposed on the corporation under this Act

shall be paid by the corporation from money received by the corporation in the

administration of this Act.

All money to be

paid to corporation

39 . All

money received from the sale of alcoholic beverages in liquor stores or

otherwise accruing in the administration of this Act shall be paid to the

corporation.

Vouchers and

cheques

40. All

cheques or vouchers for payment of accounts shall be signed by those officers

that may be designated by the board for that purpose.

Disposal of

profits

41 . Those

balances that the minister considers to be available to the Crown out of the

net profits of the corporation shall be paid into the Consolidated Revenue Fund

at the intervals and in the manner that the minister may direct by notice to

the chairperson of the board.

Prices

42 .

(1) The

corporation may fix the prices at which the various classes, varieties and

brands of alcoholic beverages are to be sold.

(2) Different prices may be prescribed under this

section

in respect of beer sold to the corporation, to a licensee and to the public.

(3) The corporation may issue and distribute price

lists showing the price to be paid by purchasers for each class, variety or

brand of alcoholic beverages sold under this Act.

(4) Where, for the purpose and administration of

this Act, it is unclear whether an alcoholic beverage falls within the

definition of beer, wine or spirits or other category for the purpose of

pricing, the corporation may make that determination.

(5) The corporation may set, with the approval of

the Lieutenant-Governor in Council, the rate of gross profit based on different

quantities of wine or spirits produced by a cottage winery or distillery, which

quantities may be prescribed by the minister in the regulations.

Prices-empty beer

bottles

43. The

corporation may

(

a) fix the price for empty beer bottles returned

to a brewer's agent in accordance with the regulations; and

(

b) prescribe the prices at which empty beer bottles

are to be sold, and different prices may be prescribed under this paragraph in

respect of empty beer bottles sold to different persons.

Prohibition

44 . The

corporation shall not knowingly sell alcohol to a person who is not qualified

to purchase it.

PART II

LICENSURE

Types of licences

(1) The

corporation may issue the following classes of licences:

(

a) beverage room licence;

(

b) bonded warehouse licence;

(

c) brewer's agent licence;

(

d) brewer's distributor licence;

(

e) brewery licence;

(

f) club licence;

(

g) distillery licence;

(

h) lounge licence;

(

i) manufacturer's representative licence;

(

j) recreational facility licence;

(

k) restaurant licence;

(

l) special event licence;

(

m) transportation services licence; and

(

n) winery licence.

(2) A licence issued from a class referred to in paragraph

(1)(a), (e), (f), (g), (h), (j), (

k) and (

n) may include one or more of the

following endorsements:

(

a) catering;

(

b) brew restaurant;

(

c) room service; or

(

d) patio.

Licences

generally

(1) A

the regulations.

(2) A person to whom a licence is issued shall

pay, before receiving the licence, those fees which may be prescribed by the

minister.

(3) Fees referred to in subsection (2) may be

varied as between the different classes of licences, different endorsements on

licences or in another manner prescribed by the minister.

(4) A licensee who fails to comply with or

otherwise contravenes a term or condition attached to or prescribed in his or

her licence is guilty of an offence.

Restriction

(1) Alcoholic

beverages sold or served under a licence issued under

section 45 , except licences referred to in paragraphs (1)(b),

(c) (

d) and (i), may be consumed only on the licensed premises relating to that

licence.

(2) A licensee or person employed by him or her

who fails to comply with this

section by allowing a person to remove alcoholic

beverages from the licensed premises to which that licensee's licence relates

or sells alcoholic beverages to a person for that purpose is guilty of an offence.

(3) A person who fails to comply with this

section

by removing alcoholic beverages from licensed premises or purchases alcoholic

beverages there for the purpose of removing it from there is guilty of an

offence.

Brewers, brewer's

distributors licences

(1) A

brewer or brewer's distributor may sell beer to a person licensed by the

corporation to sell beer, or, on the order of the corporation to a person named

in that order at the address stated in the order.

(2) Except in a manner indicated by the

corporation, a brewer shall not sell beer under subsection (1) or a brewer or a

person acting for or employed by the brewer shall not sell or deliver beer

under that licence to

(

a) the corporation;

(

b) a person licensed by the corporation; or

(

c) a liquor agency.

(3) A brewer or a brewer's distributor acting under

this

section shall provide to the corporation every month an exact return

showing the gross amount of sales made by that brewer or brewer's distributor.

(4) Alcoholic beverages produced for sale by

licensees referred to in subsection (1) shall be sold in containers with labels

that have received prior approval by the corporation for wineries, distilleries

and breweries and shall comply with the laws of the Parliament of Canada

respecting packaging, labelling and quality control standards.

(5) A brewer, before the delivery of beer, shall

collect and forward together with the monthly return required in this section,

in respect of beer to be delivered by him or her either by sale or by gift under

a licence issued under this 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.

(6) The corporation may set, with the approval of

the Lieutenant-Governor in Council, the rate of gross profit based on different

quantities of beer produced by a microbrewery, which quantities may be

prescribed by the minister in the regulations.

Investigations re:

licence held or sought

(1) The

corporation may make those investigations that it considers expedient for the

administration of this Act and the regulations into or respecting

(

a) the affairs or conduct of a person applying

for or holding a licence or of his or her servants, agents or employees;

(

b) an existing licence issued, held or applied for

under this Act or the regulations or any premises in respect of which a licence

was issued or held; and

(

c) a matter concerning the selling or handling of

or transactions in alcoholic beverages.

(2) The corporation may exercise the powers

referred to in

Part IV in the course of an investigation under this section.

Qualifications of

licensees

50. A

licence may only be issued to

(

a) an individual or a group of individuals, where

that individual or each of the members of the group of individuals is at least

19 years of age; or

(

b) a corporation or partnership authorized to

carry on its business in the province whose officer or agent in charge of the

premises for which the licence is required is personally qualified as referred

to in paragraph (a).

Qualification for

licence

(1) The

corporation shall refuse to issue a licence or shall cancel or refuse to

transfer a licence to a person unless he or she is an appropriate person to

keep and operate the kind of premises in respect of which the application is

sought and

(

a) the applicant qualifies for it under this Act

and the regulations in respect of his or her eligibility and conduct;

(

b) the board, in the board's absolute discretion,

considers that the applicant is a fit and proper person to keep and operate the

kind of premises in respect of which the licence is sought; and

(

c) the person has not been either found guilty or

convicted, or both found guilty and convicted, within the 5 years preceding the

application for a violation of

(

i) the Excise

Act ( Canada ) or the Customs Act ( Canada ) with respect to offences

relating to liquor,

(ii) the Controlled

Drugs and Substances Act ( Canada )

with respect to trafficking in a controlled substance within the meaning of

that Act,

(iii) the Food

and Drugs Act ( Canada )

with respect to the trafficking in a controlled or restricted drug or possession

for the purpose of trafficking in a controlled or restricted drug, and

(iv) the Criminal

Code, for an offence punishable by imprisonment of one year or more,

and the applicant is not otherwise

disqualified under this Act or the regulations and has complied with the

requirements of this Act and the regulations.

(2) The corporation shall

(

a) deny a licence or refuse to transfer a licence;

(

b) cancel a licence

where the person applying for the licence

or the transfer or the licensee, as appropriate, has either been found guilty

or convicted, or both found guilty and convicted of an offence under

section 133 .

(3) The corporation may deny, refuse to transfer

or cancel a licence where

(

a) past conduct establishes reasonable grounds

for the belief that the applicant will not carry on business in accordance with

the law;

(

b) the applicant is carrying on activities that

are, or will be, where the applicant is licensed, in contravention of this Act

or the regulations;

(

c) in the case of an application for a licence,

the issuing of the licence would not be in the public interest having regard to

the needs and wishes of the public in the community in which the premises will

be located; or

(

d) where the corporation reasonably believes

(

i) that the applicant is not applying on his or

her own behalf, but on behalf of a beneficial owner, and

(ii) that the beneficial owner does not satisfy the

requirements of this Act and the regulations for licensure.

(4) In addition to the requirements of this

section, where an application is made respecting a physical premises, a licence

shall not be issued to a person unless the management, equipment, accommodation

and facilities of the applicant's premises

(

a) are so located as not to cause inconvenience

to a church, school or hospital;

(

b) conform with licensing standards and

operational requirements as determined by the corporation;

(

c) have been approved in writing by an inspector

as appropriate to become licensed premises; and

(

d) conform with the laws and regulations of the

province.

Advertisement

(1) An

applicant for a licence shall, before filing his or her application with the corporation,

give notice of his or her intention to apply for the licence, by advertisement

in the form prescribed by the corporation,

(

a) where there is no newspaper circulating in the

electoral district in which the premises to which the application relates are

situated, electronically or otherwise as determined by the corporation and by

posting copies of the notice in conspicuous places in the electoral district

for 3 consecutive weeks; or

(

b) once a week for 3 consecutive weeks preceding

his or her application in a newspaper 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.

(2) The corporation may waive the requirements in

subsection (1) in the circumstances it may determine.

Application

(1) An

application for a licence shall be in the form prescribed by the corporation and

it shall be filed with the corporation.

(2) An application shall contain

(

a) a description of the premises in respect of

which the application is being made;

(

b) a description or plan of that part of the

premises in which it is proposed to keep, sell and consume alcoholic beverages

under the licence applied for;

(

c) evidence that the premises has been approved

in writing by an inspector as appropriate for a licensed premises; and

(

d) the other information that may be required by

the corporation.

Effective date of

licence

(1) A

licence becomes effective on the date stated in it as the effective date or,

where no effective date is stated, on the date of the issue of the licence.

(2) Where the applicable fee has been paid

annually, a licence shall be considered to be renewed annually on April 1 and

continues in effect unless it is

(

a) cancelled at the request of the licensee;

(

b) cancelled due to a period of inactivity; or

(

c) suspended or otherwise cancelled by the

corporation or the board.

(3) Notwithstanding subsection (2), where a

licence is to be renewed under that subsection but there is a material change

in the licence or premises as determined by the corporation, the licence shall

not be renewed and a new application for licensure is required.

New or repaired

premises

(1) Where

an applicant proposes to construct new premises or to repair or reconstruct

existing premises in respect of which a licence is being sought, the applicant

may file an application for the licence before undertaking the work of

construction, repair or reconstruction, and where he or she does so, the

applicant shall give the information required in the application in relation to

the proposed premises as they will be when completely constructed, repaired or

reconstructed, and the applicant shall file with the corporation plans and

specifications satisfactory to the corporation, showing the location, lay out

and construction of the proposed premises.

(2) Where it is decided that a licence should be

granted in respect of a premises referred to in subsection (1), the licence

shall not be issued to the applicant until the work of construction, repair or

reconstruction is completed in accordance with the plans and specifications and

modifications directed by the corporation and until the premises are inspected

and approved in writing by an inspector.

Application

process

(1) An

application for a licence may be made electronically or in person.

(2) Notwithstanding subsection (1), where an

application has been made electronically, the corporation may require an

applicant to appear in person if the corporation 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 corporation.

Objections

57. A

person objecting to an application for a licence shall file written grounds of

objection with the corporation no more than 10 days following

(

a) the end of the 3 consecutive week period

required for posting under paragraph 52 (1)(a); or

(

b) the last published advertisement of the application

required under paragraph 52 (1)(b).

Public hearings

(1) Where

an objection is filed against the granting of an application and the corporation

considers it desirable that a hearing should be held, the corporation shall

hold a hearing at those times and places that the corporation considers most

convenient and shall hear and consider relevant representations made by the

applicant and by a person who has filed with the corporation a written notice

of objection to the granting of the application.

(2) A hearing held under this

section shall be

open to the public.

(3) Hearings under this

section may be adjourned

from place to place in the province.

(4) A member of the corporation holding a hearing

under subsection (1) has the powers conferred on a commission by sections 9 and

10 of the Public Inquiries Act, 2006, and

for the purposes of this section, the corporation is considered to be an

"investigating body" under the

Public Investigations Evidence Act.

Notice of hearing

59. Where

a hearing is to be held under

section 58 , the corporation

shall,

(

a) in the same manner or in the same newspaper 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 posted in a conspicuous place or published

in one issue of that newspaper, not more than 4 weeks and not less than 2 weeks

before the sittings;

(

b) give the applicant for a licence to which the

hearing relates written notice of the time and place at which the application

will be considered by sending the notice by registered mail or hand delivery as

long before the day of the hearing as the circumstances reasonably permit; and

(

c) give to a person who filed a written objection

under

section 57 to the issuance of the licence

to which the hearing relates notice, in the manner that the corporation

considers reasonable in the circumstances, of the time and place at which the application

will be considered.

Issuance or

denial of licence

60. Where

an application is made, the corporation may in its discretion issue or deny a

licence, but where it denies the licence, it shall at the request of the

applicant provide to him or her a written statement of its reasons for the denial.

Application of

certain sections

(1) Sections

53 to 60 shall,

with the necessary changes, apply with respect to an application for the

renewal of a licence.

(2) Section 52 does

not apply with respect to an application for the renewal of a licence unless

the corporation in its discretion otherwise directs.

Transfers of licences

(1) A

licence shall not be issued in the name of the applicant and a licence shall

not be transferred except with the written consent of the corporation.

(2) Where the corporation refuses to transfer a

licence, the corporation shall, at the request of the applicant, provide to him

or her a written statement of its reasons for the refusal to transfer the licence.

(3) Where the transfer of a licence is approved by

the corporation, the transferor shall surrender his or her licence to the

corporation, and the corporation shall on payment of the prescribed fee issue a

new licence to the transferee for the balance of the unexpired term of the

surrendered licence.

(4) The transfer of a licence shall be considered

not to be completed until a new licence has been issued under subsection

(3) and the prescribed fee has been paid.

(5) The directors of a company which is a licensee

shall present to the corporation for approval a proposed issue or transfer of

shares of its capital stock, and where in the opinion of the corporation a

substantial interest is proposed to be issued or transferred, this

section and

section 63 shall, with the necessary changes,

apply to the company as if the company were proposing to transfer its licence.

Application of

sections

(1) Sections

53 to 60 shall,

with the necessary changes, apply in respect of the transfer of a licence, but

the corporation may dispense with the application of as many provisions of

those sections as it considers desirable.

(2) Section 52 does

not apply with respect to an application for the transfer of a licence unless

the corporation in its discretion otherwise directs.

Suspension or

cancellation by corporation

(1) The

corporation may suspend or cancel a licence where

(

a) the licensee persistently fails to carry out

the appropriate orders of the corporation or the Fire Commissioner of the province;

(

b) the licensee fails to keep the licensed

premises in a clean and sanitary condition;

(

c) the licensee fails to maintain the licensed

premises in accordance with the standards, specifications and conditions prescribed

by the corporation;

(

d) any of the circumstances exist that under

section 51 or another provision of this Act

would prevent the issuance or renewal of a licence; or

(

e) the licensee is bankrupt or a creditor or a

trustee in bankruptcy enters into possession of the licensed premises.

(2) Where the corporation suspends or cancels a

licence, the corporation shall, at the request of the licensee, provide to him

or her a written statement of its reasons for the suspension or cancellation.

(3) Notwithstanding subsection (1) or another

provision of this Act, the corporation may issue a temporary licence to

(

a) a creditor in possession; or

(

b) a trustee in bankruptcy

for not more than one year in order that

he or she may dispose of the licensed premises.

(4) Notwithstanding another provision of this Act,

where, after a period of time that the corporation may establish in the

regulations, there has been no purchase or sale of alcoholic beverages under a

licence, that licence may be cancelled by the corporation.

Suspension by

inspector

(1) Notwithstanding

section 64 or 66 ,

where an inspector is of the opinion that a licensed premises is not being

operated in accordance with this Act or the regulations or the conditions prescribed

in or in respect of the licence relating to it, the inspector may suspend the licence.

(2) Where an inspector suspends a licence under subsection

(1), the suspension shall be subject to ratification by the board, within 2 business

days from the time that it was imposed, and if the suspension is not so ratified

within that period, it shall stop having effect on the expiration of the

period.

(3) Sections 67 to

70 do not apply in respect of a suspension made

under this section.

Suspension or

cancellation by board

(1) Where

the board is of the opinion that a licensed premises is not being operated in

accordance with this Act or the regulations or the conditions prescribed in or

in respect of the licence relating to it, the board may suspend the licence for

a period it may determine.

(2) The board may suspend or cancel a licence

where

(

a) the licensee persistently fails to comply with

this Act or the regulations, a valid order made under this Act or the regulations

or a valid condition prescribed in or in respect of his or her licence;

(

b) a licensee has been convicted of an offence under

the Smoke-free Environment Act, 2005 ;

(

c) the licensee or officer, manager or agent of a

licensee is convicted of an offence under

section 167, 173 or 174 or paragraph

175(1)(

b) of the Criminal Code or an

offence referred to in paragraph 51 (1)(c).

(3) The corporation shall cancel a licence where

the licensee operates an electronic or mechanical amusement device in contravention

of the Lotteries Act, or is guilty of

an offence under subsection 32(9) of the Revenue

Administration Act.

(4) Where the board suspends or cancels a licence,

the board shall, at the request of the licensee, provide to him or her a written

statement of its reasons for the suspension or cancellation.

Proceedings

(1) Where

an objection is made to the corporation against renewal or transfer of a

licence or where the corporation proposes to suspend or cancel or not to renew

or transfer a licence, the corporation shall, by written notice, require the

licensee to show cause to the board why the licence should not be suspended or

cancelled or should be renewed or transferred, and the notice shall state the

time and place when and where the licensee or proposed transferee will be heard

by the board.

(2) The notice required by subsection (1) shall be

(

a) sent by registered mail by the corporation to

the licensee or proposed transferee at his or her last known address at least 7

clear days before the date of the hearing; or

(

b) personally delivered by the corporation to the

licensee or proposed transferee at least 7 clear days before the date of the

hearing.

(3) A hearing held under this

section shall be

open to the public.

(4) Hearings held under this

section may be

adjourned from place to place in the province.

(5) A member of the board holding a hearing under

this

section has the power conferred on a commissioner by sections 9 and 10 of

the Public Inquiries Act, 2006 and

for the purposes of this section, the corporation is considered to be an

"investigating body" under the

Public Investigations Evidence Act.

(6) Where a licensee fails to appear at a hearing

proposed to be held under this

section and the question to be decided at the

hearing is whether a licence should be cancelled or suspended,

(

a) where it has not been established by evidence

given before the board that the licensee has received actual notice of the

hearing, the board shall adjourn the hearing and serve the licensee with a copy

of the notice in the manner prescribed in

section 14 of the Provincial Offences Act for the service of summonses; or

(

b) where it has been proved by evidence given

before the board that the licensee has received actual notice of the hearing or

has been served with a copy of the notice in the manner prescribed in

section

14 of the Provincial Offences Act for

the service of summonses, the board may proceed with the hearing and dispose of

the matter, in the absence of the licensee.

Disposition

68. Upon

the hearing of a licensee or proposed transferee under

section 67 and all evidence offered by the licensee or the

transferee or another person, the board may make the order that it considers

appropriate and, in particular, may in an order

(

a) refuse to transfer or renew a licence, or suspend

or cancel the licence;

(

b) disqualify an individual, group of individuals,

partnership or a corporation from holding a licence;

(

c) disqualify the premises as being eligible as

licensed premises; and

(

d) impose those conditions upon the licensee or

proposed transferee that the circumstances require.

Appeal

(1) A

person who is aggrieved by a decision of the board under

section 68 may, within 30 days of receiving the decision of

the board, appeal the decision to a judge of the Trial Division.

(2) Where a person appeals under subsection (1) he

or she shall serve on the chairperson of the board a written notice of that

appeal.

Rules of the

Supreme Court, 1986 apply

(1) The

practice and procedure under the Rules of

the Supreme Court, 1986 relating to appeals apply to an appeal under

section

69 .

(2) The judge shall hear the appeal and the

evidence brought forward by the appellant and by the board in a

summary manner

and shall decide the matter of the appeal.

(3) An appeal may be taken from the order or

decision of the judge to the Court of Appeal upon a point of law.

Appeal from Nunatsiavut

government decision

(1) Where

a person is aggrieved by a decision of the Nunatsiavut government relating to

the denial of an application for an alcoholic beverage licence, the suspension

or cancellation of an alcoholic beverage licence or a refusal or failure to

renew an alcoholic beverage licence under the Labrador Inuit Land Claims Agreement Act , that person may appeal

that decision to the board and the board shall hold a hearing at those times

and places that the board considers most convenient and shall hear and consider

relevant representations made by that person and the Nunatsiavut government.

(2) In subsection (1), "Nunatsiavut government"

means the Nunatsiavut Government as defined in the Labrador Inuit

Land Claims Agreement Act.

PART III

GENERAL

Posting of

licence

72. A

licensee shall post his or her licence and as long as it is in force, keep it

posted in a prominent position in public view on the premises described in it.

How to keep alcoholic

beverage

(1) Alcoholic

beverages kept by a licensee for sale shall, while in his or her possession, be

kept in the container in which they were when purchased by the licensee.

(2) A licensee shall not put other alcoholic beverages

in a container in which an alcoholic beverage was purchased by him or her nor

shall he or she dilute, alter or treat deceptively the contents of a container

of an alcoholic beverage while it is in his or her possession.

(3) A licensee or a person employed by him or her

shall not sell alcoholic beverages by the glass except from the barrel, keg or

other container in which the alcoholic beverages were contained when purchased

by the licensee in accordance with this Act and the regulations.

Unlicensed alcoholic

beverage not to be consumed

74. A

person shall not consume, or a licensee or an employee of a licensee shall not

permit a person to consume, on a licensed premises to which the licence of the

licensee relates, an alcoholic beverage which is not permitted to be sold under

the licence.

Restrictions on

licensees

(1) A

licensee shall not, in respect of the licensed premises,

(

a) sell alcoholic beverages outside of the hours

prescribed by this Act and the regulations for the sale of alcoholic beverages;

(

b) allow alcoholic beverages to be consumed outside

of the hours prescribed by this Act and the regulations for the consumption of alcoholic

beverages; or

(

c) sell or allow to be consumed alcoholic

beverages on a day on which the licensed premises are, in accordance with this

Act and the regulations, required to be closed.

(2) Notwithstanding subsection (1), the corporation

may grant to a licensee referred to in that subsection an extension of hours

for the sale of alcoholic beverages for an occasion or event that the corporation

considers warrants the extension.

Days and hours of

sale

76 .

(1) A

sale or delivery of alcoholic beverages shall not be made on or from the

premises of a liquor store or liquor agency nor shall a liquor store be kept

open for the sale of alcoholic beverages,

(

a) outside of the hours of business prescribed

for that liquor store or liquor agency;

(

b) on days on which the liquor store or liquor

agency is required to be closed; or

(

c) during other periods and on other days or

hours that the corporation may direct.

(2) The corporation may by order prescribe that

any premises licensed to sell alcoholic beverages under this Act shall not remain

open for the sale of alcoholic beverages at those times that are set out in the

order.

(3) A Provincial Court judge or the corporation,

when a riot or situation of public unrest happens, or is likely to happen, may

order a liquor store, liquor agency or premises in respect of which an existing

licence has been issued under this Act to be closed.

No consumption on

premises

77 .

(1) An

official, clerk or servant of the corporation employed in a liquor store shall not

permit a person to consume alcoholic beverages in a liquor store or at a liquor

agency except during an official tasting organized and conducted under the

supervision of corporation personnel.

(2) A person shall not consume alcoholic beverages

in a liquor store or at a liquor agency except

(

a) during an official tasting organized and conducted

under the supervision of corporation personnel; or

(

b) through the operation of an alcoholic beverage

sampling unit which dispenses alcoholic beverages in a manner supervised by the

corporation personnel or otherwise, in accordance with the regulations.

Minors

(1) A

person who has not reached the age of 19 years shall not

(

a) possess an alcoholic beverage

(

i) for the purpose of personal consumption, or

(ii) for the purpose of providing it to another

person who is not qualified to possess it;

(

b) enter a liquor store unless accompanied by a person

who, at that time, stands in the place of his or her parent;

(

c) provide an alcoholic beverage to a person who

is not qualified to possess it;

(

d) buy an alcoholic beverage for himself or

herself, or for another person;

(

e) apply for or obtain a licence;

(

f) sell or serve alcoholic beverages in a

licensed premises; or

(

g) enter, be in or remain in a licensed premises,

except where and in the circumstances under which the licensee is permitted or

authorized by this Act or as prescribed in the regulations to allow him or her

to enter, be or remain in the licensed premises.

(2) Where a minor possesses an alcoholic beverage

in contravention of paragraph (1)(a), that minor shall be presumed to possess

the alcoholic beverage

(

a) for the purpose of personal consumption, or

(

b) for the purpose of providing it to another

person who is not qualified to possess it.

(3) A minor may rebut the presumption in

subsection (2) by showing, on the balance of probabilities, that the alcoholic

beverage in his or her possession was not for personal use or for the purpose

of providing it to a person who is not qualified to possess it.

(4) A licensee shall not allow a person who has

not reached the age of 19 years to enter, be in or remain in a licensed

premises except as permitted under subsection (6) or the regulations.

(5) A person shall not sell or give an alcoholic beverage

to a person who has not reached the age of 19 years except as permitted under

subsection (6).

(6) Notwithstanding subsections (1) to (5), a

person who is under the age of 19 years may, with the approval of an inspector

and for the purpose of testing compliance with this Act and the regulations, do

some or all of the following:

(

a) enter a licensed premises;

(

b) enter a liquor store or liquor agency or other

place where alcoholic beverages are sold;

(

c) buy an alcoholic beverage; and

(

d) possess an alcoholic beverage.

(7) Notwithstanding another provision of this

section, the board, with the approval of the Lieutenant-Governor in Council may

make regulations respecting circumstances under which exceptions to this

section may be approved by the corporation .

Identification

card

(1) A

person wishing to purchase alcoholic beverages or enter a licensed premises

shall produce his or her identification card upon the demand of an officer or

an employee of the licensee, the liquor store or liquor agency.

(2) A licensee shall require an identification

card from a person whom he or she reasonably believes has not reached the age

of 19 years before permitting that person to enter, be in or remain upon a

licensed premises except as permitted under this Act and the regulations.

(3) An identification card acceptable by the

corporation shall be used as the proof of age of a person who wishes to

purchase alcoholic beverages or enter, be in or remain upon a licensed

premises.

Issue of licences

(1) A

person authorized to issue licences under this Act and the regulations shall

not knowingly issue a licence to a person who

(

a) is not qualified to hold a licence under this

Act or the regulations; or

(

b) provides false particulars in his or her

application.

(2) A person shall not have in his or her

possession a licence which is not his or her own without the authority or

consent of the lawful owner of it.

Use and

disposition of alcoholic liquor obtained under authorization

(1) A

pharmacist, physician, dentist, veterinarian or a person in charge of a

regional health authority or a personal care home may use or administer alcohol

as authorized by the corporation and in accordance with any terms and

conditions of usage that the corporation may prescribe, and may charge for the alcohol

so administered or used.

(2) Nothing in this Act shall prevent

(

a) a pharmacist or physician from using alcohol

solely for compounding medicines or as a solvent or preservative or from having

or selling the medicine or other preparations in which alcohol is used;

(

b) a physician or dentist from prescribing, for

the use of a patient, the medicines or other preparations referred to in paragraph

(a);

(

c) a person from purchasing those medicines or

other preparations on the prescription of a physician or dentist; or

(

d) other persons who purchase alcohol as

authorized by the corporation from possessing, using or disposing of it in accordance

with the authorization as it was given.

Persons licensed

by federal statute

(1) Nothing

in this Act shall prevent a brewer, distiller or other person licensed under a

statute of the Parliament of Canada to manufacture alcoholic beverages from

having or keeping alcoholic beverages in a place and in the manner authorized

under that statute.

(2) Nothing in this Act shall prevent

(

a) the sale of alcoholic beverages by a person to

the corporation; or

(

b) the purchase, importation and sale of alcoholic

beverages by the corporation for the purposes of and in accordance with this

Act and the regulations.

Act does not

apply to essences

(1) Nothing

in this Act shall prevent the manufacture, sale, purchase or consumption by

reason only of the fact that they contain alcohol

(

a) of an extract, essence or tincture or other

preparation containing alcohol which is prepared according to a formula of the

British Pharmacopoeia or the United States Pharmacopoeia or according to a

formula approved of by the corporation; or

(

b) of a proprietary or patent medicine prepared

according to a formula approved by the corporation and in respect of which a

licence has been issued to sell it under a statute of Canada .

(2) Where in a prosecution for selling the

products mentioned in this section, the Provincial Court judge hearing the

complaint is of the opinion that an unreasonable quantity of the product,

having regard to the purpose for which the product was legitimately

manufactured, was sold or otherwise disposed of to a person either at one time

or at intervals and proof is also given that the product was used for beverage

purposes, the person selling or otherwise disposing of it may be convicted of

an offence under subsection 87 (1), and a person

so convicted who, during the 2 years occurring immediately afterward, has in

his or her possession or under his or her control any of the products is liable

to the penalty set out in

Part VI.

(3) A person who obtains or consumes for beverage

purposes the products mentioned in this

section or a preparation containing alcohol

which has been denatured in accordance with the law of Canada may be

convicted of an offence under

section 89 .

Limitation on

amount of alcoholic beverage to be brought into province

84. A

person may have or consume, in the manner provided by this Act with respect to alcoholic

beverages lawfully obtained from a liquor store, alcoholic beverages that he or

she has on any one occasion brought into the province from a place outside the

province and that

(

a) are brought into the province from a place

outside of Canada and are of

a kind that 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

(

b) he or she has legally purchased or acquired in

a part of Canada

other than the province not exceeding those amounts that may be prescribed in

the regulations.

Movement of

alcoholic beverages within the province

85. A person shall not, either personally or

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

delivery, send, bring, or carry alcoholic beverages or a package containing alcoholic

beverages from a person or place in the province to

(

a) a person who may not lawfully purchase and

consume alcoholic beverages; or

(

b) a prohibited area as defined in

section 116 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 ( Canada ).

Export alcoholic

beverage warehouses

(1) Nothing

in this Act shall prevent a person

(

a) from having alcoholic beverages for export

sale or for distribution or for the purpose of being matured in his or her liquor

warehouse, provided the liquor warehouse and the business carried on is in

accordance with this Act and the regulations; or

(

b) from selling alcoholic beverages from the

liquor warehouse to persons in other provinces or in foreign countries or to

the corporation.

(2) Notwithstanding subsection (1), a warehouse

shall not be considered to be a liquor warehouse within the meaning of this

section where the person having alcoholic beverages there has failed to comply

with this Act and the regulations.

Sale

(1) Except

as provided by this Act or the regulations or another Act or other regulations

or authority, a person shall not, within the province, directly or indirectly,

upon a pretence or upon a device, keep or expose for sale, offer to sell, sell

or barter alcoholic beverages to a person, or, in consideration of the purchase

or transfer of property or for other consideration or at the time of the

transfer of property, give alcoholic beverages to a person.

(2) A person in the province shall not directly or

indirectly keep alcoholic beverages, unless they are obtained by him or her in

accordance with this Act and the regulations.

(3) Except as provided in this Act and the

regulations a person shall not, within the province, directly or indirectly,

attempt to purchase, or upon a pretence or upon a device, purchase alcoholic

beverages from a person, or, in consideration of the sale or transfer of property

or for other consideration or at the time of the transfer of property, take or

accept alcoholic beverages from a person.

Sale

to be in accordance with Act and regulations

88. A

licensee or another person authorized to sell alcoholic beverages in accordance

with this Act and the regulations or an employee or agent of the licensee or

person shall not directly or indirectly sell, keep or provide alcoholic

beverages in another place or at another time or otherwise than as authorized

by the Act and the regulations and in accordance with a valid licence issued

under the Act.

Adulteration

89. A

person shall not have, keep or sell an alcoholic beverage to which has been

administered a deleterious or noxious substance.

Possession of

still prohibited

90. A

person shall not possess a still or part of a still or other contrivance

commonly used for manufacturing alcoholic beverages, except when expressly

authorized to do so, and the possession of a still or part of a still or other

contrivance shall be, in the absence of evidence to the contrary, proof of a violation

of this section.

Sale

prohibited

(1) A

person shall not knowingly sell, give or otherwise supply an alcoholic beverage

(

a) a person who is disqualified to purchase alcoholic

beverages under this Act or the regulations;

(

b) a person who has been convicted of keeping a

disorderly house;

(

c) an officer on duty except by authority of his

or her superior officer;

(

d) an inmate other than an employee of a

hospital, infirmary, prison or place of detention;

(

e) a person who has been either found guilty or convicted

or both found guilty and convicted of selling alcoholic beverages in his or her

possession or convicted of obstructing a search by an officer or authorized

person, for a period of 12 months after conviction; or

(

f) a person to whom the sale of intoxicants is

prohibited under a statute of the Parliament of Canada.

(2) The delivery of an alcoholic beverage to a

person referred to in subsection (1), whether gratuitously or for reward, constitutes

a sale.

(3) A sale made to any of the persons referred to

in subsection (1) by a person permitted by the corporation to make sales shall

not constitute an offence, unless the person making the sale has knowledge that

the person to whom the sale is made is one to whom a sale is prohibited.

Consumption of alcoholic

beverage in a public place

(1) A

person shall not consume an alcoholic beverage in a public place, except under

and in accordance with a valid licence issued under this Act and the

regulations.

(2) A person shall not be in an intoxicated

condition in a public place.

Prohibition

93. A

person shall not give or sell an alcoholic beverage to a person noticeably

under the influence of an alcoholic beverage.

Alcoholic

beverage in motor vehicle

94. A

person shall not drive or have the care or control of a motor vehicle as

defined in the Highway Traffic Act, whether

it is in motion or not, while there is contained in it, alcoholic beverages,

except

(

a) an alcoholic beverage in a bottle or package

that is unopened and the seal unbroken; or

(

b) an alcoholic beverage in a bottle or package

that is packed with personal effects in baggage that is fastened closed or that

is not otherwise readily available to a person in the motor vehicle.

Removing persons

who create a risk of violence

(1) In

this

section

(a) "associate of a gang" means a person

who facilitates or participates in the unlawful behaviour of a gang;

(b) "gang" means a group of persons who

engage in a pattern of unlawful behaviour; and

(c) "unlawful behaviour" means

(

i) production, sale, importation, exportation or

trafficking of a controlled substance within the meaning of the Controlled Drugs and Substances Act ( Canada ),

(ii) unlawful possession or transfer of firearms,

(iii) violence, threats, extortion or intimidation.

(2) An officer may direct a person to leave a

licensed premises or the area in the immediate vicinity of the licensed

premises if the officer has reasonable grounds to believe that the presence of

the person creates a risk of violence in or around the licensed premises.

(3) For the purpose of determining whether the

presence of a person creates a risk of violence under subsection (2), an

officer may have regard to any information in his or her knowledge respecting

the increased possibility of violent conduct by the person or against the

person, including the following:

(

a) the person's conduct in the licensed premises

or in the immediate vicinity of the licensed premises;

(

b) threats made by or against the person;

(

c) previous violent conduct by the person;

(

d) whether the person is a member or associate of

a gang; or

(

e) whether the person is wearing clothing,

headgear or any other item that displays a sign, symbol, logo or other representation

that identifies that person as a member or associate of a gang.

(4) A person who is directed to leave a licensed

premises by an officer under the authority of this

section shall comply with

that direction without delay.

(5) A person who fails to comply with subsection

(4) may be removed from the licensed premises and the immediate vicinity of the

licensed premises by an officer.

(6) A person who contravenes subsection (4) is

guilty of an offence.

Tax

(1) For

the purpose of this

section

(a) "alcoholic beverage" means liquor as

defined by the former Act at any time after January 31, 2001 and before March

31, 2006;

(b) "licensee" means a licensee as

defined by the former Act at any time after January 31, 2001 and before March

31, 2006;

(c) "permittee" means a person issued a

permit under the former Act at any time after January 31, 2001 and before March 31, 2006 ;

(d) "purchaser" means a person who, in

the province, at any time after January 31, 2001 and before March 31, 2006

(

i) purchased an alcoholic beverage for his or her

own use or consumption or for the use or consumption by other persons at his or

her expense, or

(ii) purchased an alcoholic beverage on behalf of

or as an agent for a principal who was acquiring that alcoholic beverage for

use or consumption by the principal or by other persons at the expense of the

principal.

(2) A purchaser shall pay to the Crown for the

purpose of raising revenue for Crown purposes a tax respecting the use or

consumption of all alcoholic beverages purchased by him or her in the licensed

premises of a licensee or permittee at any time after January 31, 2001 and

before March 31, 2006, computed at the rate of

(a) 12% of the purchase price of alcoholic

beverages and wine and $0.60 per dozen beer for the period of January 31, 2001

to March 31, 2005 inclusive; and

(b) 9% of the purchase price of alcoholic

beverages and wine and $0.45 per dozen beer for the period of April 1, 2005 to March 31, 2006

inclusive.

(3) The tax shall be in addition to every other

tax paid by the purchaser in respect of the purchase of the alcoholic beverages.

(4) A purchaser shall be considered to have paid

the tax at the time he or she purchased the alcoholic beverages.

(5) At any time after January 31, 2001 and before

March 31, 2006 ,

a licensee or permittee shall be considered to have been an agent of the Crown

for the purpose of collecting the tax and shall be considered to have collected

the tax from the purchaser at the time the purchaser purchased the alcoholic

beverages and to have remitted the tax to the Crown.

(6) An allowance or commission is not payable to

the licensees or permittees for their services in collecting and remitting the

tax.

(7) Where, at any time after January 31, 2001 and before

March 31, 2006 ,

money was collected or purported to have been collected as a licensee levy, the

money shall by this

section be conclusively considered to have been collected

and retained by the Crown, without compensation, as payment for the tax.

(8) Except an action or proceeding based on

constitutional grounds, an action or proceeding does not lie or shall not be

instituted or continued against the Crown or a minister, employee or agent of

the Crown based on a cause of action arising from, resulting from or incidental

to money collected or purported to have been collected as a licensee levy.

(9) Except an action or proceeding based on

constitutional grounds, a cause of action against the Crown or a minister,

employee or agent of the Crown based on a cause of action arising from, resulting

from or incidental to money collected or purported to have been collected as a

licensee levy is extinguished.

PART IV

INSPECTION, SEARCH AND SEIZURE

Inspection to

determine compliance

(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 the 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 beverages or records are kept and may do some or all

of the following:

(

a) ascertain the quantities of alcoholic beverages

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 that licensee's alcoholic

beverages or records are kept shall give all reasonable assistance to an officer

and shall produce for inspection those alcoholic beverages or those books and

records or other documents that the officer may request.

(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.

(3) 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 beverages not exceeding an

amount necessary for the purpose of conducting the analysis.

(4) All samples taken under this

section may be

disposed of as the corporation directs.

(5) This

section applies with the necessary

changes to inspections which are carried out by an officer before a licence is

issued, and in that context, "licensee" means an applicant and

"licensed premises" means a premises for which a licensing

application has been made.

Search and seizure-

suspected contravention

98 .

(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 conveyance or a commercial, public or private premises in the

province, and

(

a) search for

(

i) contraband, or

(ii) alcoholic beverages alleged to have been

obtained contrary to

section 85 ;

(

b) search the contents of the conveyance 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

(

i) contraband, or

(ii) alcoholic beverages alleged to have been

obtained contrary to

section 85 ;

(

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 conveyance or

other thing in which

(

i) contraband, or

(ii) alcoholic beverages alleged to have been

obtained contrary to

section 85

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 conveyance or a commercial, public or private premises anything that

will provide evidence with respect to a contravention of this Act or the

regulations may issue a warrant authorizing one or more officers to enter the conveyance

or a commercial, public or private premises, search for and seize anything that

will provide evidence with respect to a contravention of this Act and the

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

(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 his or her duties.

(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) Subsection (4) does not apply to a dwelling

house.

(6) 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.

(7) For the purpose of this

section

(a) "premises" includes a receptacle or

container that is not a motor vehicle or trailer; and

(b) "record" includes

(

i) an electronic record, and

(ii) a video record which has been created by or

for the licensee of activities in or in the vicinity of the licensed premises.

Seizure of contraband

(1) Notwithstanding

section 98 , where an officer believes on reasonable

grounds that a person is in possession of contraband, he or she may, without a

warrant, stop and detain in the province a conveyance, in which he or she has

reasonable grounds to believe that contraband is located and may examine the

contents of that conveyance, including cargo, manifests, records, accounts,

vouchers, papers or other things that may provide evidence that the conveyance

is carrying contraband and may

(

a) seize, take away and hold contraband;

(

b) seize, take away and detain a conveyance,

receptacle or container in which contraband is located; and

(

c) seize and take away manifests, records,

accounts, vouchers and other things and retain them until they are produced in

a court proceeding.

(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 conveyance.

Disposal

100 .

(1) Where,

after the disposition of a proceeding, a person from whom contraband or a conveyance

or other thing has been seized under

section 98

or 99 is convicted of an offence under

section 133 in relation to that seizure, that contraband and

that conveyance or other thing shall, after the time allowed for an appeal has

expired, be forfeited to the corporation to be otherwise disposed of as the

corporation directs.

(2) The proceeds of sale from the sale of

contraband, a conveyance or other thing sold under subsection (1) shall be paid

to the corporation.

(3) A person from whom a conveyance or other thing,

except alcoholic beverages, has been seized under

section 98 or 99 who is not found

guilty or convicted of an offence under

section 133

in relation to that seizure shall have that item returned to him or her within

3 months from the date of the court proceedings at which the finding of not

guilty was made unless further proceedings by way of appeal have been commenced.

(4) A person from whom alcoholic beverages were seized

as contraband under

section 98 or 99 who is not found guilty or convicted of an offence

under

section 133 in relation to that seizure

or sale and who establishes to the satisfaction of the corporation that the

alcoholic beverages were obtained in accordance with this Act and the regulations

and that the person otherwise complies with the Act and the regulations shall

have those alcoholic beverages returned to him or her or the corporation shall

pay out to that person an amount equal to the value of the alcoholic beverages

that were the person's alcoholic beverages at the time of the seizure, plus

interest which shall be calculated in accordance with the regulations.

(5) In the absence of a proceeding under this Act,

alcoholic beverages seized as contraband under

section 98 or 99 shall be

forfeited to the corporation and may be sold or disposed of as the corporation

directs.

(6) The proceeds of sale from alcoholic beverages

directed to be sold by the corporation under subsection (5) shall be retained

by the corporation.

Third party

claims

101 .

(1) A

person, other than a person accused of an offence relating to a seizure under

section 98 or 99 ,

who claims an interest in a conveyance or other thing seized under those

sections, as an owner, lienholder or holder of a like interest may, within 30

days after that seizure, apply to a Provincial Court judge for an order under

subsection (2).

(2) Where, upon the hearing of an application, the

Provincial Court

judge is satisfied

(

a) that the applicant is innocent of complicity

in the offence that resulted in the seizure and of collusion in relation to

that offence with the person who may have committed the offence; and

(

b) that the applicant exercised reasonable care

in respect of the person permitted to obtain the possession of the seized item

to satisfy himself or herself that it was not likely to be used contrary to

this Act or the regulations, or, in the case of a mortgagee or lienholder, that

he or she exercised that care with respect to the mortgagor or the lien giver,

the judge may order that a seized conveyance

or other thing be returned to the applicant at a time and subject to conditions

to be specified by the judge or, considering the then actual value of the

forfeited item, the value of his or her interest be given to the applicant.

(3) Section 14 of the Small Claims Act with respect to an appeal to the Trial Division

shall, with the necessary changes, apply to an order made under subsection (2).

Arrest

102. An

officer may arrest without warrant for a breach of this Act or the regulations.

Obstruction of

officers

103. A

person shall not interrupt, obstruct or assault an officer in the discharge of

his or her duties, or refuse or fail to admit an officer to enter a place, or,

having admitted the officer, refuse or fail to allow him or her to take an

account of alcoholic beverages found.

Search warrants

104. The

provisions of the Criminal Code adopted

section 6 of the Provincial Offences

Act relating to the issue of search warrants may be invoked for the

purposes of a search made under this Act.

Telewarrant

(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 officers grounds for

believing that a person has contravened this Act or that entry onto public or

private premises where a contravention of this Act is believed to occur has

been denied.

(4) The 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.

Limitation period

106. A

complaint, including a prosecution under this Act, may be made and proceedings

may be taken on it within 7 years from the date of the offence.

Evidence

(1) In

proving a sale for the purpose of a proceeding under this Act, it is not

necessary to show that money actually passed, where the Provincial Court judge

hearing the case is satisfied that a transaction in the nature of a sale took

place.

(2) Every copy made under this Act that is

certified as a true copy by the Attorney General, the person who made the copy

or the person in whose presence the copy was made is admissible in evidence

and, in the absence of evidence to the contrary, has the same probative force

as the original document would have if it had been proved in the ordinary way.

Delivery a sale

(1) A

delivery of alcoholic beverages made otherwise than purely gratuitously shall

be considered a sale.

(2) In a proceeding under this Act, the burden of

proving that a delivery was made purely gratuitously shall be upon the

defendant.

Places of concealment

109. Where

it is proved that upon search under this Act or under a search warrant alcoholic

beverages have been found on premises in a place which in the opinion of the

court or Provincial Court judge is constructed or designed for purposes of concealment,

that proof is, in the absence of evidence to the contrary, evidence of keeping

with intent to sell on the part of the occupier of the premises and that the

occupier of the premises had knowledge that the alcoholic beverages were contraband.

Form of summons

110. In

a proceeding under this Act, it is not necessary to specify the particular sort

of alcoholic beverage sold, or to whom, or the time when sold, but it is

sufficient in the summons to charge the party accused with a breach of a

section

of this Act, and a judgment shall not be withheld on account of variance

between proof and summons where it appears to the satisfaction of the

Provincial Court judge that the defendant was aware of the real cause of

complaint.

Presumption -sale

on premises

111. A

sale of alcoholic beverages 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.

Proof of

alcoholic beverage

(1) For

the purpose of a prosecution under this Act, the certificate of a qualified

analyst stating that a liquid or substance contains alcohol is, in the absence

of evidence to the contrary, proof that the liquid or substance is an alcoholic

beverage.

(2) A certificate of a qualified analyst stating

that the analyst has made an analysis of a sample of alcoholic beverage as

required under this Act stating the result of that analysis is evidence of the

facts alleged in the certificate without proof of the signature or the official

character of the person appearing to have signed the certificate.

(3) The Provincial Court judge trying a case may,

in the absence of evidence to the contrary, infer that a liquid is an alcoholic

beverage from the fact that a witness describes it as an alcoholic beverage, or

as rum, whisky, gin, wine, ale, beer or by another name which is commonly

applied to alcoholic beverages.

No liability

113. An

action or other proceeding does not lie against the corporation, employees of

the corporation, the board, a member of the board, an officer, an inspector or

any other person for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or in carrying out their

duties or obligations under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Appeals

(1) A

complainant, including the corporation, or defendant who feels aggrieved by a

conviction, decision, order or sentence of a Provincial Court judge may appeal

to the Trial Division and

(

a) the corporation or an officer shall, within 10

days, give written notice to the Provincial Court judge and to the defendant of

his or her intention to appeal; or

(

b) an appellant other than the corporation or an

officer shall, within 10 days, give written notice to the Provincial Court

judge and to the corporation of his or her intention to appeal,

by personal service or by registered mail,

and shall abide by the order or decision of the Trial Division and to pay a

penalty and costs or perform another act or comply with the conditions that may

be ordered or imposed by the court.

(2) An appeal under this

section does not stay the

order being appealed unless the Trial Division orders otherwise.

PART V

LIMITED APPLICATION TO PARTICULAR COMMUNITIES

Application of

sections

(1) Sections

116 to 122

apply only to the part of the province located within the electoral district of

Torngat Mountains as that district is described in the House of Assembly Act .

(2) Notwithstanding subsection (1), the

Lieutenant-Governor in Council may, by order, exclude a community, settlement

or an area described in the order from the application of sections 116 to 122 .

(3) Where there is a conflict between sections 116 to 122 and

sections 1 to 114 ,

with the exception of sections 81 and 83 , sections 116 to 122 shall take precedence.

Definitions

116. In

sections 117 to 122

(a) "community" means an Inuit Community

as defined in

chapter 1 of the Labrador Inuit Land Claims Agreement set out in

the

Schedule to and defined in the Labrador

Inuit Land Claims Agreement Act ;

(b) "council" means an Inuit Community

Council as defined in

chapter 17 of the Labrador Inuit Land Claims Agreement

set out in the

Schedule to and defined in the Labrador Inuit Land Claims Agreement Act ;

(c) "prohibited area" means an area

within which the possession, purchase, sale, consumption, making or

transportation of an alcoholic beverage is prohibited;

(d) "restricted area" means an area

within which, in addition to the provisions of sections 2 to 114 ,

restrictions have been placed on the possession, purchase, sale, consumption,

making or transportation of alcoholic beverages; and

(e) "unrestricted area" means an area

that is subject only to the provisions of sections 2

to 114 .

Local option for

access to alcoholic beverages

(1) The corporation may not issue or renew

a licence to sell alcoholic beverages in a community unless it has first

obtained the approval of the council of the community.

(2) The corporation shall cancel all licences to

sell alcoholic beverages in a community where the council passes a resolution

in favour of cancelling the licences or where the Lieutenant-Governor in

Council declares the community a prohibited area.

(3) The Lieutenant-Governor in Council shall, by

order, declare a community a restricted area where the council passes a

resolution approving restrictions on the possession, purchase, sale,

consumption, making or transportation of alcoholic beverages within the community.

(4) The Lieutenant-Governor in Council shall, by

order, declare a community a prohibited area where the council passes a

resolution approving the prohibition of possession, purchase, sale,

consumption, making and transportation of alcoholic beverages within the community.

(5) The Lieutenant-Governor in Council shall, by

order, declare

(

a) a prohibited area to be a restricted area or

an unrestricted area; or

(

b) a restricted area to be a prohibited area or

an unrestricted area

where the council of a community to which

a previously issued order applies pass a resolution approving these changes to

the prohibition or restrictions imposed under the previously issued order.

(6) In an order made under subsection (3) or (4),

the Lieutenant-Governor in Council, where requested to do so by the community,

may declare an area contiguous to the community to form part of the community

and, where the order contains such a declaration, the area shall, for the

purpose of giving effect to the order, be considered to form part of the community.

Implementation of

council decision

118. Where the council of a community votes in

favour of the corporation issuing a licence, the corporation may issue the

licence in accordance with this Act on receipt of an application made under

this Act.

Local alcohol

committees

(1) A

community may establish an alcohol committee consisting of not less than 5 and

not more than 9 members elected by residents of the community in accordance

with the regulations under

section 122 which

may, where authorized by the regulations under

section 122 , prohibit a person from possessing, purchasing,

consuming, making or transporting alcoholic beverages within a restricted area

for a period of up to 3 years where, in the opinion of the committee, that

person

(

a) by excessive drinking of alcoholic beverages

misspends, wastes or unduly lessens his or her estate, injures his or her

health or interrupts the peace and happiness of his or her family or other

members of the community; or

(

b) has sold, given or transferred alcoholic

beverages to a person who has been made subject to a prohibition.

(2) An alcohol committee shall before making a

decision under subsection (1), hold a hearing and give the person who is the

subject of the hearing a full opportunity to be heard and to make submissions.

(3) A person whose eligibility has been withdrawn

under subsection (1) may apply to a Provincial

Court judge who shall hold a hearing and may

confirm, vary or set aside the decision of the alcohol committee.

(4) Where an alcohol committee is established

under this section, the alcohol committee may, either alone or in conjunction

with others

(

a) organize programs to educate people in the use

of alcoholic beverages for the prevention of the abuse of alcoholic beverages;

(

b) establish a counselling service for persons

who abuse alcoholic beverages;

(

c) promote programs for the prevention of the

abuse of alcoholic beverages; and

(

d) decide, under the provisions of the Act

(

i) who may possess, purchase, consume or

transport alcoholic beverages in the community,

(ii) who may bring alcoholic beverages into the community,

(iii) the amount of alcoholic beverages that a

person may possess, purchase, transport or bring into the community, and

(iv) who may brew beer or make wine for personal or

family consumption in the community and the amount of beer or wine that a

person may brew or make.

Restrictions on

the frequency of voting

(1) Where,

at a meeting of the council called for the purpose, a majority of the members

of the council do not vote in favour of the corporation issuing a licence, no

further vote shall be held by the council on the same or a similar subject

within 3 years of that vote.

(2) Where a vote is held by a council for the

purpose of subsection 117 (2), (3) or (4) and a

majority of the members of the council do not vote in favour of cancelling

licences to sell alcoholic beverages in the community or the establishment of

restrictions or a prohibition on the possession, sale, consumption, making or

transportation of alcoholic beverages within the community, no further vote

shall be held by the council of the community on the same or a similar subject

within 18 months of that vote.

(3) Where a vote is held by a council for the

purpose of subsection 117 (2), (3) or (4) and a

majority of the members of the council vote in favour of the cancellation of a

licence to sell alcoholic beverages in the community or the establishment of

restrictions or a prohibition on the possession, sale, consumption, making or

transportation of alcoholic beverages within the community, at least 4 years

shall elapse before another vote is held by the council that, if approved,

would have the effect of reversing or varying the results of the previous vote.

No liability

121. An

action for damages or a suit for compensation does not lie against a council,

the corporation or the minister, and no compensation or damages are payable by

either as a result of a cancellation of a licence or the failure to renew a

licence by the corporation under subsection 117 (2).

Regulations

122. The

Lieutenant-Governor in Council may make regulations

(

a) to give effect to the results of a decision of

a council of a community, including regulations imposing penalties for a

contravention of the regulations;

(

b) respecting the establishment, operation and

proceedings of an alcohol committee established under

section 119 , including regulations respecting the election,

term of office and removal of members of a committee; and

(

c) generally to give effect to sections 117 to 121 .

PART VI

OFFENCE AND PENALTY

Offence re:

removal of alcoholic beverages

123. A

person who contravenes

section 47 is guilty of

an offence and is liable on

summary conviction

(

a) on the first conviction, to a fine of $300 or

in default of payment of the fine, to imprisonment for 2 days; and

(

b) on each subsequent conviction, to a fine of

$500 or in default of payment of the fine, to imprisonment for 3 days.

Offence re:

returns, labels

(1) A

licensee who fails to make a return required by subsection 48 (3) within the period prescribed in the regulations

is guilty of an offence and is liable on

summary conviction to a fine of not

less than $100 and not more than $5,000.

(2) A brewer or other person who contravenes

subsection 48 (4) is guilty of an offence and is

liable on

summary conviction to a fine of not more than $5,000 and, in default

of payment of the fine, to a term of imprisonment for not more than 6 months.

Offence re: minors

125. A

minor who contravenes paragraph 78 (1)(

a) is

guilty of an offence and is liable on

summary conviction to a fine of $100.

Offence re: sale

(1) A

person who contravenes subsection 87 (1) is

guilty of an offence and is liable on

summary conviction to a fine of not less

than $300 and not more than $50,000 or imprisonment for not more than 2 years,

or both a fine and imprisonment, and in default of payment of the fine, to

imprisonment for not more than one year.

(2) A person who contravenes subsection 87 (2) is guilty of an offence and is liable on

summary conviction to a fine of not less than $300 and not more than $10,000 or

imprisonment for not more than 2 years, or both a fine and imprisonment, and in

default of payment of the fine, to imprisonment for not more than 3 months.

Offence re: sale

127. A

person who contravenes

section 88 is guilty of

an offence and is liable on

summary conviction to a fine of not less than $300 and

not more than $50,000 or imprisonment for not more than 2 years, or both a fine

and imprisonment, and in default of payment of the fine, to imprisonment for not

more than one year.

Offence re: adulteration

128. A

person who contravenes

section 89 is guilty of

an offence and is liable on

summary conviction

(

a) for a first offence, to a fine of not less

than $300 and not more than $10,000, or in default of payment of the fine, to

imprisonment for not less than one month and not more than 6 months; and

(

b) for the second offence, to imprisonment for not

more than 12 months without the option of a fine.

Offence re: consumption

in public place

129. A

person who contravenes

section 92 is guilty of

an offence and is liable on

summary conviction

(

a) for a first offence, to a fine of $300 or in

default of payment of the fine, to imprisonment for 2 days; and

(

b) for each subsequent offence, to a fine of $500

or in default of payment of the fine, to imprisonment for 3 days.

Offence re:

giving or selling alcoholic beverages

130. A

person who contravenes

section 93 is guilty of

an offence and is liable on

summary conviction to a fine of not less than $500

and not more than $10,000 or in default of payment of the fine, to imprisonment

for not less than 3 months and not more than 12 months.

Offence re: alcoholic

beverages in motor vehicle

131. A

person who contravenes

section 94 is guilty of

an offence, and is liable on

summary conviction to a fine of not less than $300

and not more than $10,000 or, in default of payment of the fine, to imprisonment

for not less than 2 days and not more than 7 days.

Offence re: failure

to leave

132. A

person who contravenes subsection 95 (4) is

guilty of an offence, and is liable on

summary conviction to a fine of not more

than $500.

Offence:

contraband

(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, to

(

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 is liable on default of payment of the

fine to imprisonment for 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 is liable on default of payment of the

fine to imprisonment for 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 is liable on default of payment of the

fine to imprisonment for not more than 2 years.

(2) In addition to the penalties which are imposed

under subsection (1), a court shall order the person found guilty of an offence

under this

section to pay an additional fine equal to the sum of $200 per litre

or part of a litre of an alcoholic beverage seized as contraband in relation to

that offence or in default of payment of the fine, to imprisonment for not less

than one month and not more than 6 months.

Offence re: hindering

134. A

person who interferes with or hinders a person authorized under this Act or by

search warrant to investigate an infringement of this Act or to make a search

or examination or seizure in the performance of his or her duties to that end

is guilty of an offence and is liable on

summary conviction to a fine of not

less than $300 and not more than $10,000 or in default of payment of the fine,

to imprisonment for not less than one month and not more than 6 months.

General offence

and penalty

(1) Except

where otherwise provided in this Act or the regulations, where a person commits

an offence under this Act, that person is 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

(

b) where 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 to both a fine and imprisonment,

and in default of payment of the fine

under (

a) or (b), to imprisonment for up to 3 months.

(2) In addition to a penalty imposed under subsection

(1), for a violation of

section 85 the court

may order the alcoholic beverage involved in the violation to be forfeited to

the Crown.

Conviction under

previous Act

136. In

a question relating to the number of convictions or previous convictions,

convictions under the Liquor Corporation

Act and the Liquor Control Act or

regulations made under those Acts before this Act came into force shall be

taken into account.

Offences under

Act and regulations

137. A

person who

(

a) violates this Act or the regulations or an

order made under this Act or the regulations;

(

b) fails to comply with or otherwise contravenes

regulations; or

(

c) makes a false statement in a form or return

completed, made or provided under this Act or the regulations, which is not

declared to be an offence by another section,

is guilty of an offence under this Act,

and every violation, contravention, failure to comply or false statement

relating to a separate transaction constitutes a separate offence .

Offences by corporations

138. Where

a corporation commits an offence under this Act, whether or not the corporation

has been prosecuted and convicted, an officer, director, agent or employee of

the corporation who authorized, participated or acquiesced in the commission of

the offence may be prosecuted and is subject to the same penalties that may be

imposed under this Act.

PART VII

REGULATIONS, TRANSITIONAL AND COMMENCEMENT

Regulations

(1) The

board, with the approval of the Lieutenant-Governor in Council, may make

regulations

(

a) prescribing the days on which licensed

premises are to be closed;

(

b) prescribing

(

i) a time by which licensed premises shall be

vacated after the close of sale of alcoholic beverages, and

(ii) the days and hours during which alcoholic

beverages may be sold and consumed on licensed premises;

(

c) prescribing, with respect to alcoholic

beverages sold and consumed on licensed premises, the minimum prices at which alcoholic

beverages shall be sold to a patron;

(

d) prescribing the procedure for making an

apply in respect of licences issued under this Act or the regulations;

(

e) prescribing the days and hours during which a

licensee who holds a licence issued under

section 45

may sell or deliver beer, prescribe the days and hours in respect