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Volume 57, No. 23

242/2014

The British Columbia Gazette,

Part II

December 31, 2014

B.C. Reg. 242/2014 , deposited December 22, 2014, under the LIQUOR CONTROL AND LICENSING ACT [section 84] and the LIQUOR CONTROL AND LICENSING AMENDMENT ACT, 2014 [section 48]. Order in Council 760/2014, approved and ordered December 19, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) section 21 of the Liquor Control and Licensing Amendment Act, 2014 , S.B.C. 2014, c. 13, is brought into force, and

(

b) effective September 15, 2015, the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached Schedule.

— S. ANTON, Attorney General and Minister of Justice ; M. POLAK, Presiding Member of the Executive Council .

Schedule

Section 43 of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended

(

a) by repealing subsection (1) and substituting the following:

(1) In this section:

“recertification” means recertification under the SES Program or the SIR Program, as applicable;

“SES Program” means the training program “Special Event Server Program”, delivered by a person or organization approved by the general manager;

“SIR Program” means the training program “Serving it Right: The Responsible Beverage Service Program”, delivered by a person or organization approved by the general manager. ,

(

b) in subsection (2) by striking out “ For the purposes of

section 13 (1) of the Act, the following licence categories are prescribed: ” and substituting “ For the purposes of

section 13 (1) of the Act, the general manager must not issue, transfer or renew a licence in one of the following classes of licence unless the applicant or licensee to whom the licence will be issued, transferred or renewed satisfies the general manager that he or she has successfully completed the SIR Program: ”,

(

c) in subsection (2) (

c) by striking out “ , licensee retail store licences and special occasion licences; ” and substituting “ and licensee retail licences; ”,

(

d) in subsection (2) by adding the following paragraph:

(

e) wine store licences, other than a wine store licence under which the licensee is authorized to sell only wine for sacramental purposes. ,

(

e) by adding the following subsection:

(2.2) The following must have successfully completed the SIR Program:

(

a) a person who sells or serves liquor in a licensed establishment that is the subject of a licence referred to in subsection (2), at an event site or at a residential event;

(

b) a person who sells or serves liquor at a liquor store established under

section 18 (5) of the Liquor Distribution Act and the agent referred to in that subsection;

(

c) a person who supervises the sale or service of liquor, or who sells or serves liquor, at a duty free store that is not a ship chandler, established by the general manager of the Liquor Distribution Branch under

section 21 (1) of the Liquor Distribution Act ;

(

d) a store manager, as defined in the Liquor Distribution Act , and a person who sells or serves liquor in a government liquor store. ,

(

f) by repealing subsection (3) and substituting the following:

(3.1) For the purposes of

section 13 (1) of the Act, but subject to subsection (7) (

b) of this section, the general manager must not issue a special occasion licence unless the applicant satisfies the general manager that he or she has successfully completed

(

a) the SIR Program, in the case of a special occasion the number of attendees at which is expected to meet or exceed a number specified by the general manager for the purposes of this subsection and subsection (3.2), or

(

b) the SES Program, in the case of a special occasion the number of attendees at which is expected to be less than the number specified by the general manager for the purposes of this subsection and subsection (3.2).

(3.2) For the purposes of

section 13 (3) of the Act and in respect of a special occasion licence, the following persons must have successfully completed the training program indicated as follows:

(

a) a person who sells or serves liquor under the licence must have successfully completed the SES Program;

(

b) in the case of a special occasion the number of attendees at which is expected to meet or exceed a number specified by the general manager for the purposes of this subsection and subsection (3.1), a person who supervises the sale or service of liquor under the licence must have successfully completed the SIR Program;

(

c) in the case of a special occasion the number of attendees at which is expected to be less than the number specified by the general manager for the purposes of this subsection and subsection (3.1), a person who supervises the sale or service of liquor under the licence must have successfully completed the SES Program.

(3.3) Subsection (3.2) (

a) and (

c) does not apply to require a person to successfully complete the SES Program if the person has successfully completed the SIR Program.

(3.4) Subject to subsection (3.5), a requirement under this

section that a person successfully complete the SES Program or the SIR Program includes the requirement that the person successfully complete recertification at least once every 5 years.

(3.5) A person who holds a valid certificate of completion of the SIR Program on the date that this

section comes into force has met the requirement for a first recertification under the SIR Program if the person successfully completes that recertification by September 15, 2020. ,

(

g) by repealing subsection (5) and substituting the following:

(5) Successful completion of the SES Program or the SIR Program or recertification under either program must be evidenced by a valid certificate of completion issued by a person or organization approved by the general manager in the name of the person who completed the program or recertification. ,

(

h) by repealing subsection (7) and substituting the following:

(7) The following persons are exempt from the requirement to successfully complete the SES Program or the SIR Program, as the case may be, if the conditions set out in subsection (7.1) are met:

(

a) a server;

(

b) an applicant for a special occasion licence referred to in subsection (3.1) (b);

(

c) a person who supervises the sale or service of liquor at a special occasion referred to in subsection (3.2) (c).

(7.1) A person referred to in subsection (7) is exempt if the person

(

a) has, subject to subsection (7.2), successfully completed a liquor service training program required by another province and approved by the general manager for the purposes of this subsection, and

(

b) is able to provide valid documentation that proves his or her successful completion of the training program when requested to do so by the general manager or a peace officer.

(7.2) For the purposes of subsections (7) and (7.1), documentation from another province demonstrating successful completion by an individual of a training program in that province that contains no expiry date is valid until September 15, 2020. , and

(

i) by repealing subsections (8) and (9) and substituting the following:

(8) Subject to subsection (7), before allowing a person to supervise the sale of liquor in a licensed establishment, or to sell or serve liquor in a licensed establishment or at a residential event catered by the licensee, the licensee must verify that the person has successfully completed the SES Program, the SIR Program or recertification under the applicable program.

(9) A person who claims to have successfully completed the SES Program, the SIR Program or recertification under either program must produce his or her certificate of completion when requested to do so by the general manager or a peace officer.

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