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Nova Scotia Liquor Corporation Regulations

made under

Section 15 of the

Liquor Control Act

R.S.N.S. 1989, c. 260

O.I.C. 2023-120 (effective May 9, 2023), N.S. Reg. 77/2023

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation

Citation

Definitions

Designation of residence

Exemptions from Act and regulations

Corporation

Corporation policies

Corporation meetings

Leases signed by President

Insuring Corporation property

Prescribed liquor prices

Payment to Corporation for liquor

Fees

Forms

Employees of Corporation

Employees to perform inspections and receive orders

Medical prescriptions

Delivering and Transporting Liquor

Delivery by store manager

Delivery by common carrier or parcel post

Records of deliveries

Age requirements for delivering or transporting liquor

Exceptions by permit

Delivery of liquor by manufacturers

Permits

Classes of permits

Corporation hosting events without permit

Application for permit

Corporation issuing permit

Conditions on permits

Corporation cancelling or revoking permit

Persons authorized to issue permits

Duties of permit holders

Prohibited actions by permit holders

Renewal of permit

Transfer of permit

Transfer of permit holder’s shares

Continuation of permit for use by trustee or receiver

Disposal of liquor by public trustee

Registered Representatives

Registration required for manufacturer’s representatives

Responsibilities of registered representatives

Application for registration

Gifts and inducements

Granting of registration

Manufacturers

Permit required to

Manufacturer’s retail stores

Off-site stores

Hospitality rooms

Retail sales mark-up allocation

Warehouse retail stores

Collaborative manufacturing arrangements

Contract manufacturing arrangements

Manufacturers’ prohibitions

Employees and managers

Beer or wine making for personal use

Advertising and Promotion

Advertising and promotion policy

Brand advertising

Permitted sponsorships, giveaways and donations

Manufacturers may advertise in authorized media

Advertising on motor vehicles

Public service advertising

Radio and television advertising

Advertising restrictions

Advertising signs

Interpretation

Citation

1 These regulations may be cited as the Nova Scotia Liquor Corporation Regulations .

Definitions

2 In these regulations,

“Act” means the Liquor Control Act ;

“annual global production” means the total amount, measured by volume, of liquor

product manufactured annually by or for a manufacturer, calculated as the sum of

all of the following less the total amount of beverage alcohol product exported out

of the Province by the manufacturer:

(

i) the amount manufactured by all of the following:

(

A) the manufacturer,

(

B) persons controlled by the manufacturer,

(

C) persons under common control with the manufacturer,

(ii) the amount manufactured under a collaborative manufacturing

arrangement that is allocated to the manufacturer under subsection

47(2),

(iii) for a manufacturer that is a hiring manufacturer under a contract

brewing arrangement, the amount determined in accordance with

subsection 48(2);

“blended and bottled” means a manufacturer’s process for blending bulk alcohol

products that meets all of the following criteria:

(i) 1 bulk alcohol product that is produced by a different manufacturer is

mixed with 1 or more bulk alcohol products or non-alcohol products,

(ii) the product is manufactured in a facility that is separate from any

other licensed establishment or kitchen premises of the manufacturer,

(iii) the finished product is packaged in approved containers for sale to a

consumer;

“brewer” means a person who makes beer and occupies or carries on a brewery,

either personally or by or through an agent;

where beer or other related and approved products are manufactured;

“bulk alcohol product” means alcohol that has not been bottled for retail;

“collaborative liquor product” means a liquor product produced under a

collaborative manufacturing arrangement;

“collaborative manufacturing arrangement” means a contractual arrangement in

which 2 or more manufacturers agree to work together to develop and produce a

liquor product that meets all of the following criteria:

(

i) the product has a recipe that

(

A) will be jointly owned by the manufacturers, and

(

B) has not been previously used in a liquor product sold by a

manufacturer,

(ii) the product is manufactured at a plant site or sites

(

A) owned by 1 or more of the manufacturers, and

(

B) located in the Province,

(iii) the production costs for each production run are shared by the

manufacturers;

“common carrier” means a person who is approved by the Corporation as a

common carrier to carry or convey liquor as provided by the Act and these

regulations;

“contract manufacturing arrangement” means a contractual arrangement between a

host manufacturer and a hiring manufacturer in which a liquor product is

(

i) manufactured by a host manufacturer at the host manufacturer’s plant

site in the Province, and

(ii) sold under the hiring manufacturer’s brand;

“contracted liquor product” means a liquor product produced under a contract

manufacturing arrangement;

“distiller” means a person who

(

i) occupies or carries on a distillery,

(ii) rectifies spirits by any process whatever, either personally or through

an agent, or

(iii) possesses, imports or manufactures, in whole or in part, a still, worm,

rectifying or other apparatus suitable for manufacturing spirits;

where liquor other than beer or wine is manufactured or blended and bottled;

“farm winery” means a winery registered as a farm winery or a small farm winery

under the Nova Scotia Wine Standards Regulations made under the Agriculture

and Marketing Act ;

“hiring manufacturer” means a manufacturer who hires a host manufacturer to

manufacture a liquor product under a contract manufacturing arrangement;

“hospitality room” means a permanent premises at a manufacturer’s plant site

where

(

i) the manufacturer’s liquor is sold for consumption on the premises, or

(ii) samples of the manufacturer’s liquor are provided to customers for

consumption on the premises;

“host manufacturer” means a manufacturer who is hired by a hiring manufacturer

to manufacture a liquor product under a contract manufacturing arrangement;

“inducement” means

an act by a manufacturer or registered representative to

persuade a licensee or retailer through any benefit, including cash or liquor

products, to buy more of a particular product than would be bought under normal

circumstances, to the detriment of other manufacturers;

“licensed premises” means a premises for which a license has been issued under

the Act and the Liquor Licensing Regulations made under the Act;

“licensee” means a licensee as defined in the Liquor Licensing Regulations made

under the Act;

“manufacturer” means any of the following:

(

i) brewer,

(ii) vintner,

(iii) distiller,

(iv) distributor of liquor;

“manufacturer’s retail store” means a manufacturer’s store for the primary purpose

of the on-premises sale of liquor products in unopened containers;

“on-premises sale” means a sale in which the purchaser or the purchaser’s agent is

present in the store at the time of the sale;

“plant site” means the land, buildings, machinery, apparatus and fixtures used by a

manufacturer in the manufacturing process, that the manufacturer owns or leases

pursuant to a lease with a term of at least 12 months, and includes adjacent lands;

“prescribed by the Corporation” means set out in the Corporation’s policies;

“registered representative” means an employee of a manufacturer, distributor or

agent who is registered with the Corporation to promote and sell liquor as required

Section 36;

“sample” means a sample of liquor that is provided to an individual for no

consideration and does not exceed the volume prescribed by the Corporation;

“store manager” means a store manager described in

Section 51 of the Act;

“vintner” means a person who makes wine and occupies or carries on a winery,

either personally or through an agent;

“winery” means a place or premises where wine is manufactured or blended and

bottled.

Designation of residence

3 Any portion of a building containing offices and businesses that is not open to the public

or in public view while liquor is being consumed there is designated as a residence for

the purpose of the definition of “residence” in clause 2(

x) of the Act.

Exemptions from Act and regulations

(1) A potable product intended as a beverage that contains less than 0.5% alcohol by

volume at 15.5 °C of absolute alcohol is exempt from the Act and these

regulations.

(2) Other than a beverage to which Sections 72 or 73 of the Act applies, concentrated

food mixtures and beverage flavourings that meet all of the following criteria are

exempt from the Act and these regulations:

(

a) they contain more than 0.5% alcohol by volume at 15.5 °C of absolute

alcohol;

(

b) they are not agreeable to the palate or taste when consumed alone.

(3) The exemption in subsection (2) applies only to tonics and bitters in containers of

114 ml or less.

Corporation

Corporation policies

5 The Corporation may make policies setting out the details and procedures required for its

administration and operations under the Act and these regulations.

Corporation meetings

6 A meeting of the Corporation may be called at any time by the President or by a person

the President directs at its offices or at any other place.

Leases signed by President

7 All leases of land or buildings required for the purposes of the Corporation must be

signed by the President or by another officer designated by the Corporation.

Insuring Corporation property

8 The Corporation, representing and on behalf of His Majesty the King in the right of the

Province of Nova Scotia, may insure all property, whether real or personal, acquired,

possessed or received by the Corporation in the name of the Nova Scotia Liquor

Corporation, and all loss payable under a contract of insurance entered into by the

Corporation may be payable to the Corporation.

Prescribed liquor prices

(1) The prescribed prices for liquor under subsection 42(1) of the Act include prices

determined by the Corporation in respect of all of the following:

(

a) liquor sold at retail from Government stores and agency stores;

(

b) liquor sold in the Province from other than Government stores or agency

stores, including liquor sold directly by the manufacturer under a valid

license or permit.

(2) The prescribed prices for liquor under subsection 42(1) of the Act are as follows:

(

a) for liquor sold at retail from Government stores and agency stores, the

prices set out in an official price list issued by the Corporation or as

otherwise determined by the Corporation;

(

b) for liquor sold in the Province directly by a manufacturer to the public under

a valid license or permit, the prices determined by the manufacturer and

communicated to the Corporation, except that

(

i) the prices must not be less than the social reference price list issued

by the Corporation or as otherwise determined by the Corporation,

and

(ii) if the liquor product is also sold at retail from Government stores and

agency stores, the price must not be lower than the price as

determined in clause (a).

(3) The prices in clause (2)(

b) include, whether expressly stated or not, a retail sales

mark-up allocation as set out in

Section 45.

(4) A store manager must not charge or receive a price other than what is prescribed

under subsection (2) unless the Corporation has provided written instruction.

Payment to Corporation for liquor

(1) Except as provided in subsection (2), sales by the Corporation must be by 1 of the

following payment methods:

(

a) cash;

(

b) Corporation-approved credit card;

(

c) Corporation-approved debit card.

(2) Payment for sales to licensees, permit holders, military messes, registered

representatives or government agencies must be made by 1 of the following

payment methods:

(

a) a method set out in subsection (1);

(

b) certified cheque;

(

c) postal money order;

(

d) bank money order;

(

e) traveller’s cheque;

(

f) standard cheque;

(

g) any other payment method that is approved by the Corporation.

Fees

11 All fees relating to the Corporation’s operations under the Act or regulations must be

prescribed by the Corporation.

Forms

12 The Corporation may provide forms for use in carrying out the purposes and objectives

of the Act and may require the forms to be used for the purpose for which they are

provided.

Employees of Corporation

(1) A person who has been convicted under subsection 78(1) of the Act must not be

employed by the Corporation within the following period after the date they are

convicted:

(a) 5 years; or

(

b) a period of less than 5 years, if the Corporation considers appropriate.

(2) A gift to an employee of the Corporation is acceptable under subsection 81(4) of

the Act if all of the following conditions apply:

(

a) the value of the gift is less than $50;

(

b) the gift meets all additional requirements prescribed by the Corporation.

Employees to perform inspections and receive orders

(1) The Corporation may appoint employees to do all of the following:

(

a) inspect stores, including Government stores, agency stores and

manufacturer’s retail stores, warehouses, plant sites, breweries, wineries,

distilleries and any other areas the Corporation determines;

(

b) make inspection reports in any manner or at any time the Corporation

requires;

(

c) perform any other acts or duties the Corporation requires.

(2) The Corporation may establish an office in a plant site or warehouse and place an

employee of the Corporation in charge of the office for the purposes of performing

the inspections and making the reports referred to in subsection (1).

Medical prescriptions

(1) A store manager who is presented with a prescription may retain the prescription

before supplying liquor under the prescription for as long as necessary to enable

the store manager to determine any of the following:

(

a) whether the prescription was signed by the physician by whom it purports to

be signed;

(

b) whether the prescription is otherwise legitimate.

(2) A person must not

(

a) obtain a prescription by an improper means for the purpose of securing

liquor; or

(

b) use or attempt to use personally, or for another person, an improperly

obtained medical prescription or a medical prescription that the person is

not lawfully entitled to use.

Delivering and Transporting Liquor

Delivery by store manager

16 A store manager may deliver liquor within the Province from a Government store

premises to a person entitled to purchase liquor.

Delivery by common carrier or parcel post

(1) The Corporation may deliver liquor within the Province to a person entitled to

purchase liquor by sending the liquor by common carrier or parcel post in a

prepaid package addressed to the person.

(2) A common carrier may deliver liquor lawfully sold and received from a premises

where liquor may be lawfully sold or kept for sale to a person who is

(

a) in charge of a premises where liquor may be lawfully kept or received; and

(b) 19 years old or older.

(3) Liquor must not be sent through common carrier or parcel post unless the

purchaser pays the cost of the liquor and any delivery or parcel charges in advance

to the Corporation.

Records of deliveries

(1) Every railway company, transport company or other carrier and their agents must

keep or cause to be kept at each agency where goods are received for shipment or

are delivered to within the Province an accurate record of each delivery of liquor

received by and made from the agency that includes all of the following

information:

(

a) the time when the liquor was received;

(

b) the name and address of the person to whom the liquor was delivered;

(

c) the type and quantity of liquor delivered.

(2) All records required to be kept under subsection (1) must be made available to an

inspector or a member or officer of the Corporation.

(3) A certified copy of the records to be kept under subsection (1) must be delivered to

an inspector or a member or officer of the Corporation upon request.

Age requirements for delivering or transporting liquor

(1) A person must not enter into an arrangement with a person who is under 19 years

old to convey or deliver liquor for or on behalf of the person who is under 19 years

old.

(2) A person who is under 19 years old must not convey or deliver liquor for another

person, either alone or in company with another person.

(3) A person who is 19 years old or older may transport on their person or in their

vehicle unopened liquor that is purchased in accordance with all of the following:

(

a) it was lawfully purchased for their personal consumption;

(

b) it was either

(

i) purchased in the Province or another Canadian province, or

(ii) lawfully imported into Canada.

Exceptions by permit

20 Liquor may be carried in a manner not specifically provided for by these regulations if

authorized by a permit.

Delivery of liquor by manufacturers

(1) Liquor must not be delivered by a manufacturer on any of the following days or

times:

(

a) a statutory holiday;

(

b) a day prescribed by the Corporation;

(

c) a time prescribed by the Corporation.

(2) By an order signed by the President or acting president, the Corporation may

prohibit a manufacturer or its common carrier from delivering liquor to a person.

(3) Subject to subsection (5), a manufacturer who holds a permit may deliver liquor

that has been lawfully sold to a consumer for personal consumption by any of the

following methods:

(

a) personal delivery by the manufacturer or by its employee;

(

b) delivery by common carrier.

(4) Subject to subsection (5), a manufacturer who holds a permit may deliver liquor

that has been lawfully sold to a licensee, the Corporation or a person other than a

consumer by any of the following methods:

(

a) personal delivery by the manufacturer or by its employee;

(

b) delivery by common carrier;

(

c) delivery by carrier.

(5) Liquor delivered under subsection (3) or (4) must be delivered to a premises where

it may be lawfully kept or received, and the delivery must be accepted by a person

who is 19 years old or older.

(6) A manufacturer operating a distillery or winery and also operating a licensed

premises who purchases a blended and bottled liquor product for delivery under

subsection (3) must do so in a separate transaction from any sale made under the

license.

Permits

Classes of permits

(1) The following are the classes of permits that may be issued to a manufacturer who

has 1 or more plant sites in the Province:

(

a) brewery;

(

b) distillery;

(

c) winery;

(

d) farm winery;

(

e) non-grape winery;

(

f) non-grape farm winery;

(

g) off-site store;

(

h) hospitality room.

(2) The following are the classes of non-manufacturing permits that may be issued:

(

a) physician and dentist;

(

b) nursing home;

(

c) food industry and food manufacturer;

(

d) pharmacist and naturopath;

(

e) mechanical and scientific;

(

f) hospital;

(

g) sacramental wine;

(

h) the North Atlantic Treaty Organization;

(

i) warehouse;

(

j) tasting;

(

k) agency store;

(

l) private wine and specialty store;

(

m) gift basket;

(

n) subscription;

(

o) a permit for a purpose that the Corporation considers expedient and is in

keeping with the spirit and intent of the Act and these regulations.

(3) The Corporation may prescribe policies for a class of permit.

Corporation hosting events without permit

23 The Corporation may host events to promote the beverage alcohol industry in the

Province where liquor is served and no permit is required.

Application for permit

(1) To apply for a permit, an applicant must do all of the following:

(

a) submit a completed permit application in the prescribed form;

(

b) pay the application fees prescribed by the Corporation;

(

c) file with the Corporation a copy of all documents and information required

by the Corporation to process the application.

(2) Before being issued a permit, an applicant must satisfy the Corporation that all

requirements prescribed by the Corporation for the permit have been or will be

complied with.

Corporation issuing permit

(1) Any of the following may be issued a permit under the Act and these regulations:

(

a) a person who is 19 years old or older and is of good character and

reputation;

(

b) a partnership registered in the Province whose partners and the manager in

charge of the premises for which the permit is required meet the criteria in

clause (a);

(

c) a company authorized to carry on business in the Province whose officer,

agent and the manager in charge of the premises for which the permit is

required meets the criteria in clause (a);

(

d) members of the diplomatic corps for special functions, in accordance with

the Corporation’s policies.

(2) In addition to being non-transferable under

Section 58 of the Act, a permit is only

for the premises or part of the premises specified in the permit.

(3) Despite these regulations, the Corporation is not required to do any act or issue any

permit or other authorization to any person.

Conditions on permits

(1) The Corporation may impose any conditions it considers necessary on a permit or

the renewal of a permit.

(2) If any of the conditions imposed on a permit are not met, the Corporation may

refuse to issue, suspend or revoke the permit.

(3) The Corporation must give a permit holder reasonable time to comply with any

conditions placed on their permit.

Corporation cancelling or revoking permit

(1) If a permit holder is not in compliance with the Act, these regulations or the

Corporation’s policies, the Corporation may suspend, revoke or alter the terms of

the permit.

(2) When cancelling or suspending the permit of a brewer, distiller or vintner under

Section 64 of the Act, the Corporation must give notice in writing of the

cancellation or suspension and include in the notice the reasons for the cancellation

or suspension.

Persons authorized to issue permits

(1) A person authorized by the Corporation under the Act to issue permits must do so

in accordance with the instructions issued by the Corporation, including any

instructions issued by the Corporation relating to the accounting for money

received by the person for or on behalf of the Corporation.

(2) A special permit under clause 56(2)(

a) or (

b) of the Act may not be issued unless

the permit is signed by the President or acting president, or by a person authorized

by the President or acting president.

Duties of permit holders

29 A permit holder must do all of the following:

(

a) keep any records that the Corporation requires;

(

b) provide the Corporation with any information and records the Corporation

requires to satisfy the Corporation that the permit holder is complying with

the Act, these regulations and the Corporation’s policies;

(

c) permit an employee of the Corporation or the Corporation’s appointee to

enter its premises to ensure that the permit holder is complying with the

Act, these regulations, and the Corporation’s policies;

(

d) prominently display the permit and other notices required by the

Corporation in the premises at all times;

(

e) ensure that a properly qualified individual who is designated as being in

charge of the premises is present at all times when the premises are being

operated;

(

f) when a permit is suspended or cancelled, return the permit on demand to the

Corporation or an employee of the Corporation referred to in

Section 14;

(

g) abide by all standards and conditions set by the Corporation respecting the

operation of the premises;

Prohibited actions by permit holders

30 A permit holder, or their employee, servant or agent, must not do any of the following:

(

a) permit liquor to be removed from the premises, except as permitted by the

Corporation;

(

b) permit liquor to be consumed on the premises, except as allowed by the Act

or these regulations;

(

c) permit a person who is, or appears to be, under the influence of liquor to be

on the premises or to remain on the premises;

(

d) permit liquor to be served to a person who is, or appears to be, disorderly or

under the influence of liquor.

Renewal of permit

(1) To renew a permit, a permit holder may apply to the Corporation during the period

prescribed by the Corporation and must do all of the following:

(

a) submit a completed renewal application in the prescribed form and pay the

fees prescribed by the Corporation by the a date determined by the

Corporation;

(

b) provide any information that the Corporation requires to process the

application.

(2) The Corporation may renew a permit after receiving a renewal application and

information required under subsection (1).

(3) The Corporation may reinstate an expired permit if the permit holder does all of

the following:

(

a) appeals to the Corporation no later than 30 days after the date the permit

expired;

(

b) pays the prescribed fees.

(4) After holding a hearing that the permit holder is given notice to attend, the

Corporation may refuse to renew a permit.

Transfer of permit

(1) A permit must not be transferred without obtaining the consent of the Corporation

in advance.

(2) The Corporation may allow the transfer of a permit only if the applicant does all of

the following:

(

a) files the prescribed application;

(

b) pays the fee prescribed by the Corporation;

(

c) complies with the Act and these regulations;

(

d) submits to the Corporation any further information the Corporation may

require.

(3) The Corporation may allow the transfer of a permit with conditions and may

revoke the authorization to transfer if the permit holder fails to comply with any of

the conditions.

Transfer of permit holder’s shares

(1) If the transfer of a corporate permit holder’s shares results in a change of control of

the permit holder, the permit holder must notify the Corporation in writing of all of

the following changes no later than 30 days after the date of the transfer:

(

a) the names of the company’s officers, directors and shareholders;

(

b) the number of shares held by each shareholder.

(2) If 20% or more of a corporate permit holder’s shares are transferred from 1 person

to another person, the corporate permit holder must notify the Corporation of the

transfer and provide any documentation the Corporation requests.

Continuation of permit for use by trustee or receiver

(1) A receiver or trustee in bankruptcy or liquidation appointed by statute or by a

Court may apply to the Corporation to continue using a permit to allow for the

orderly disposition of stock on hand and the Corporation may approve the

continuance of the permit for no longer than 6 months.

(2) An appointed receiver-manager must apply to the Corporation and the Corporation

may allow the premises to continue being operated under the existing permit for no

longer than 6 months.

Disposal of liquor by public trustee

(1) All liquor taken by the public trustee in the administration of an estate must be

destroyed other than full and sealed containers of liquor, which may be held and

disposed of for the benefit of the estate.

(2) The Corporation must determine the method of disposal and all revenue from the

sale of the liquor under subsection (1), less the Corporation’s administrative costs,

that must be forwarded to the public trustee for credit to the estate.

Registered Representatives

Registration required for manufacturer’s representatives

(1) A manufacturer who does not have a plant site in the Province must not directly or

indirectly employ or engage a person to act as its representative unless the person is

registered with the Corporation as a representative of the manufacturer.

(2) A person must not directly or indirectly hold out to be or act as a representative of

a manufacturer unless the person is registered with the Corporation as a

representative of the manufacturer.

Responsibilities of registered representatives

37 A registered representative must do all of the following:

(

a) carry their registration card whenever engaging in business activity;

(

b) engage only in activities in relation to their duties as the Corporation

permits;

(

c) abide by all standards and conditions set by the Corporation;

(

d) comply with the Act and these regulations.

Application for registration

(1) To apply for registration as a manufacturer’s representative, an applicant must do

all of the following:

(

a) submit a completed application in the prescribed form;

(

b) pay the fee prescribed by the Corporation;

(

c) file with the Corporation a copy of any documents or other information

required by the Corporation;

(

d) provide proof to the Corporation that the applicant meets the requirements

of subsection (2).

(2) An applicant for registration as a representative must be 19 years old or older and

of good character and reputation.

(3) To renew their registration, a registered representative must apply to the

Corporation during the period prescribed by the Corporation by submitting the

form and the fee required by the Corporation.

Gifts and inducements

(1) Except as provided in subsection (2), the restrictions contained in the Act, these

regulations and the Criminal Code (Canada) respecting gifts apply with the

necessary changes in detail to liquor manufacturers and registered representatives

doing business with the Corporation.

(2) A registered representative may make a gift of liquor for promotional purposes in

Granting of registration

(1) Registration as a representative is not transferable and is only for the benefit of the

person named in the registration for the period specified on the permit.

(2) The Corporation may impose conditions on a representative’s registration and if

any of the conditions are not fulfilled by the representative, the Corporation may

refuse to issue or suspend or cancel the registration.

(3) The Corporation may determine the number of representatives a manufacturer may

have and is not required to grant registration to a person.

Manufacturers

Permit required to operate

41 To operate a brewery, distillery, winery, farm winery, non-grape winery or non-grape

farm winery in the Province, a manufacturer must have a valid permit.

Manufacturer’s retail stores

(1) A manufacturer who holds a class of permit listed in clauses 22(1)(

a) to (

c) may

operate 1 manufacturer’s retail store at each of their plant sites in the Province, if

the manufacturer notifies the Corporation at 1 of the following times that they

intend to operate a manufacturer’s retail store:

(

a) when they apply for their permit;

(

b) at a later time, with the approval of the Corporation.

(2) A manufacturer who holds a farm winery permit may operate 1 manufacturer’s

retail store at each of their plant sites, if the site for the manufacturer’s retail store

meets all of the following conditions:

(

a) the store site is owned or leased by the same manufacturer;

(

b) the manufacturer’s acreage is certified under the Nova Scotia Wine

Standards Regulations made under the Agriculture and Marketing Act ;

(

c) the store site is located within a reasonable proximate distance of the plant

site and the acreage;

(

d) the store site is either

(

i) within 500 m of the acreage or plant site, or

(ii) within a reasonable distance from the acreage or the plant site that is

approved by the Corporation on the recommendation of the Minister

of Agriculture.

(3) A manufacturer may sell or provide samples of its product at its manufacturer’s

retail store only if the liquor is manufactured or blended and bottled in 1 of the

following ways:

(

a) at 1 of the manufacturer’s plant sites located in the Province;

(

b) under a collaborative manufacturing arrangement with the manufacturer;

(

c) under a contract manufacturing arrangement in which the manufacturer is

the hiring manufacturer.

(4) Liquor sold at a manufacturer’s retail store that was manufactured or blended and

bottled at a different plant site of the same manufacturer must not exceed the

percentage of total sales at the manufacturer’s retail store that is set in the

Corporation’s policies.

(5) A manufacturer’s retail store must be owned or leased and operated by the

manufacturer.

Off-site stores

(1) A manufacturer who operates a manufacturer’s retail store may apply for an

off-site store permit.

(2) An off-site store permit authorizes the permit holder to distribute samples of their

product and sell their product in approved, unopened containers at the event

specified in the application.

(3) An event for which an off-site store permit may be granted must meet all of the

following conditions:

(

a) it promotes 1 or more of the following:

(

i) the Nova Scotia tourism industry,

(ii) the Nova Scotia agricultural industry,

(iii) the Nova Scotia food and beverage industry,

(iv) local economic development approved by the Corporation;

(

b) it is 5 days or shorter in duration, unless the Corporation gives prior written

approval for a longer duration.

Hospitality rooms

(1) A manufacturer who holds a class of permit listed in clauses 22(1)(

a) to (

f) may

apply to the Corporation for a hospitality room permit.

(2) A hospitality permit authorizes the permit holder to operate a hospitality room.

Retail sales mark-up allocation

(1) All liquor provided by a permit holder in any of the following ways is deemed to

be purchased from the Corporation for an amount equal to the retail sales mark-up

allocation or similar charge that is calculated in accordance with the terms and

conditions of the permit:

(

a) by sale directly to a licensee or the holder of a private wine and specialty

store permit;

(

b) by sale at a manufacturer’s retail store;

(

c) by sale at a warehouse retail store;

(

d) by sale or sample at an off-site store;

(

e) by sale or sample at a hospitality room.

(2) A permit holder must remit the retail sales mark-up allocation or similar charge to

the applicable permit or the Corporation’s policies.

Warehouse retail stores

(1) A brewer, distiller or vintner who meets all of the following criteria may apply for

a permit to operate a warehouse retail store for the on-premises sale of liquor:

(

a) they operate a functional warehouse facility in the Province;

(

b) the warehouse facility has a minimum annual sales volume of 1 million

equivalent 12-pack cases within the Province.

(2) A warehouse retail store must be attached to a warehouse facility and operated by

the same brewer, distiller or vintner who operates the warehouse facility.

(3) A separate permit is required for each warehouse retail store.

(4) Only liquor that is manufactured or blended and bottled by the operator of a

warehouse retail store may be sold at the warehouse retail store.

(5) The Corporation may consider a person who has held a warehouse retail permit for

at least 10 consecutive years to be eligible for a warehouse retail permit whether or

not they meet the requirements of this

Section at the time the permit is issued.

Collaborative manufacturing arrangements

(1) A manufacturer may enter into a collaborative manufacturing arrangement with 1

or more other manufacturers, if both of the following conditions are met:

(

a) each manufacturer holds a permit;

(

b) the Corporation has given prior written approval for the arrangement.

(2) The parties to a collaborative manufacturing arrangement must agree on a

percentage allocation to determine the amount, by volume, of the collaborative

liquor product that will be included in each party’s annual global production, so

that the total amount allocated to all parties to the collaborative manufacturing

arrangement is 100%.

Contract manufacturing arrangements

(1) A manufacturer may enter into a contract manufacturing arrangement with another

manufacturer, if both of the following conditions are met:

(

a) each manufacturer holds a permit;

(

b) the Corporation has given prior written approval for the arrangement.

(2) A hiring manufacturer must include in its annual global production the amount, by

volume, of its contracted liquor product for the year.

(3) For a manufacturer who is engaged in 1 or more contract manufacturing

arrangements as a hiring manufacturer, at least 50% of the manufacturer’s annual

global production must be attributable to liquor product manufactured at its own

plant site.

Manufacturers’ prohibitions

(1) Unless authorized by the Corporation, a manufacturer is not permitted to own, rent,

lease or operate a licensed premises.

(2) A manufacturer must not purchase liquor for resale directly from manufacturers

outside of the Province.

(3) A manufacturer must meet all of the following conditions to be eligible for a

permit:

(

a) they package their products in suitable, approved containers;

(

b) they have an established, proper delivery system for their products.

(4) During any period or on any day the Corporation directs, a manufacturer must not

sell or deliver liquor from the premises of their manufacturer’s retail store,

hospitality room, off-site store or warehouse retail store, and the premises must not

be kept open for the sale of liquor.

Employees and managers

(1) All manufacturers’ employees who handle or sell liquor must be 19 years old or

older.

(2) A manager of a manufacturer’s retail store, hospitality room, off-site store or

warehouse retail store must supervise and regulate the operation of the premises

under their charge in an efficient and orderly manner and to comply with all

instructions issued by the Corporation.

Beer or wine making for personal use

(1) A person may only make beer or wine for personal use at their residential premises

or at a ferment-on-premises facility licensed under the Ferment-on-Premises

Regulations .

(2) Except as provided in subsection (3) or as authorized under the Ferment-on-Premises Regulations , a person must not, for remuneration or other consideration,

assist or participate in making beer or wine with another person for the personal

use of the other person.

(3) A person may receive remuneration for the sale of books, pamphlets or other

information or for the sale of ingredients for the making of wine or beer.

Advertising and Promotion

Advertising and promotion policy

(1) The Corporation must establish a policy setting out criteria that advertisements and

promotions must meet.

(2) A person must not advertise or promote liquor or its sale or consumption except as

authorized under these regulations or in accordance with the Corporation’s policy.

Brand advertising

(1) A manufacturer may advertise a brand or product only by

(

a) referring to any of the following:

(

i) trademarks,

(ii) brand names,

(iii) container labels,

(iv) established slogans,

(

v) recipes,

(vi) any references in addition to those in subclauses (

i) to (

v) that the

Corporation approves; and

(

b) using words to describe the merits of the brand or product.

(2) Brand advertising may be designed to draw attention to 1 or more brands of liquor

by using language to describe the brand or product, but must not promote the

general use and consumption of liquor.

Permitted sponsorships, giveaways and donations

(1) A manufacturer may do any of the following in accordance with the Corporation’s

policy:

(

a) distribute a novelty or point-of-sale

article or sponsor a giveaway program;

(

b) distribute pamphlets or brochures;

(

c) sponsor or claim the sponsorship of a sports event;

(

d) donate trophies and prizes with the manufacturer’s name engraved or

otherwise shown on them.

(2) A manufacturer may donate money for scholarships, bursaries, fellowships and any

other educational incentive or benefit program.

Manufacturers may advertise in authorized media

55 A manufacturer may advertise only in the specified print and media form that is

authorized in the Corporation’s policy.

Advertising on motor vehicles

(1) A manufacturer must not display any form of advertising, other than its corporate

or brand name, on a motor vehicle unless authorized by the Corporation.

(2) A manufacturer may use a community service vehicle that displays its corporate

name.

Public service advertising

57 Public service advertising must meet all of the following criteria:

(

a) in the Corporation’s opinion, it supports a worthwhile cause and is not

solely a sales campaign;

(

b) it refers to the advertiser or its product only by its company name or brand

name with a slogan, but without describing the product.

Radio and television advertising

58 In addition to the requirements for advertising under the regulations of the CRTC, an

advertisement by a manufacturer on radio or television is restricted to the following:

(

a) brand advertising, in accordance with

Section 53;

(

b) public service advertising, in accordance with

Section 57;

(

c) corporate advertising, in accordance with the Corporation’s policy.

Advertising restrictions

59 An advertisement must not do any of the following:

(

a) contain a personal endorsement of liquor unless the endorsement is

approved by the Corporation;

(

b) convey the impression that consuming liquor is necessary or helpful in

obtaining social prestige, business success, popularity or escape from

personal problems;

(

c) depict family scenes that in any way involve using liquor, including a group

of adults accompanied by children;

(

d) indicate that liquor may be consumed in any way, manner or place

prohibited by federal, provincial or municipal law;

(

e) make a claim, directly or indirectly, that implies or attributes to liquor, either

alone or as a mixture, any healthful, nutritive, dietary, curative, sedative or

stimulative quality or properties;

(

f) portray drinking-party scenes that show immoderate or extreme use of

liquor;

(

g) refer in any way to persons who may be under 19 years old;

(

h) state liquor prices without the Corporation’s approval and without

complying with the Corporation’s policy.

Advertising signs

60 A person must not use a sign advertising liquor unless the sign is in accordance with the

Corporation’s policy.

Legislative History

Reference Tables

Nova Scotia Liquor Corporation Regulations

N.S. Reg.

77/2023

Liquor Control Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Nova Scotia Liquor Corporation Regulations made

under the Liquor Control Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

77/2023

May 9, 2023

date specified

May 19, 2023

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

22/1991

Nova Scotia Liquor Corporation

Regulations

Mar 1, 1991

May 9, 2023

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.