34

 


 

Third Session, 47th General Assembly

63 Elizabeth II, 2014

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


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Labrador Inuit rights

              PART I
CORPORATION

        5.   Corporation

        6.   Status of corporation

        7.   Powers of the corporation

        8.   Board

        9.   Members of board are members of corporation

      10.   Remuneration and terms of service

      11.   Chairperson and board member's powers

      12.   Committees of the board

      13.   Tribunal

      14.   Adjudication of hearings

      15.   Use of seal

      16.   Appointment of staff

      17.   Conflict of interest

      18.   Financial year

      19.   Annual budgets to be submitted

      20.   Budget may be revised

      21.   Minister's approval

      22.   Corporation limited to budget

      23.   Power of corporation to borrow

      24.   Guarantee of certain loans

      25.   Manner and form of guarantee

      26.   Guarantee of interest, etc.

      27.   Further respecting guarantee

      28.   Short term loans

      29.   Agreements

      30.   Loans by government

      31.   Performance under guarantee

      32.   Report to minister

      33.   Financial statement

      34.   Additional reports

      35.   Minutes to be kept

      36.   Audit of accounts

      37.   Other audits

      38.   Expenses

      39.   All money to be paid to corporation

      40.   Vouchers and cheques

      41.   Disposal of profits

      42.   Prices

      43.   Prices-empty beer bottles

      44.   Prohibition

              PART II
LICENSURE

      45.   Types of licences

      46.   Licences generally

      47.   Restriction

      48.   Brewers, brewer's distributors licences

      49.   Investigations re: licence held or sought

      50.   Qualifications of licensees

      51.   Qualification for licence

      52.   Advertisement

      53.   Application

      54.   Effective date of licence

      55.   New or repaired premises

      56.   Application process

      57.   Objections

      58.   Public hearings

      59.   Notice of hearing

      60.   Issuance or denial of licence

      61.   Application of certain sections

      62.   Transfers of licences

      63.   Application of sections

      64.   Suspension or cancellation by corporation

      65.   Suspension by inspector

      66.   Suspension or cancellation by board

      67.   Proceedings

      68.   Disposition

      69.   Appeal

      70.   Rules of the
Supreme Court, 1986 apply

      71.   Appeal from Nunatsiavut government decision

              PART III
GENERAL

      72.   Posting of licence

      73.   How to keep alcoholic beverage

      74.   Unlicensed alcoholic beverage not to be consumed

      75.   Restrictions on licensees

      76.   Days and hours of sale

      77.   No consumption on premises

      78.   Minors

      79.   Identification card

      80.   Issue of licences

      81.   Use and disposition of alcoholic liquor obtained under authorization

      82.   Persons licensed by federal statute

      83.   Act does not apply to essences

      84.   Limitation on amount of alcoholic beverage to be brought into province

      85.   Movement of alcoholic beverages within the province

      86.   Export alcoholic beverage warehouses

      87.   Sale

      88.   Sale to be in accordance with Act and regulations

      89.   Adulteration

      90.   Possession of still prohibited

      91.   Sale prohibited

      92.   Consumption of alcoholic beverage in a public place

      93.   Prohibition

      94.   Alcoholic beverage in motor vehicle

      95.   Removing persons who create a risk of violence

      96.   Tax

              PART IV
INSPECTION, SEARCH AND SEIZURE

      97.   Inspection to determine compliance

      98.   Search and seizure- suspected contravention

      99.   Seizure of contraband

    100.   Disposal

    101.   Third party claims

    102.   Arrest

    103.   Obstruction of officers

    104.   Search warrants

    105.   Telewarrant

    106.   Limitation period

    107.   Evidence

    108.   Delivery a sale

    109.   Places of concealment

    110.   Form of summons

    111.   Presumption -sale on premises

    112.   Proof of alcoholic beverage

    113.   No liability

    114.   Appeals

              PART V
LIMITED APPLICATION TO PARTICULAR COMMUNITIES

    115.   Application of sections

    116.   Definitions

    117.   Local option for access to alcoholic beverages

    118.   Implementation of council decision

    119.   Local alcohol committees

    120.   Restrictions on the frequency of voting

    121.   No liability

    122.   Regulations

              PART VI
OFFENCE AND PENALTY

    123.   Offence re: removal of alcoholic beverages

    124.   Offence re: returns, labels

    125.   Offence re: minors

    126.   Offence re: sale

    127.   Offence re: sale

    128.   Offence re: adulteration

    129.   Offence re: consumption in public place

    130.   Offence re: giving or selling alcoholic beverages

    131.   Offence re: alcoholic beverages in motor vehicle

    132.   Offence re: failure to leave

    133.   Offence: contraband

    134.   Offence re: hindering search

    135.   General offence and penalty

    136.   Conviction under previous Act

    137.   Offences under Act and regulations

    138.   Offences by corporations

              PART VII
REGULATIONS, TRANSITIONAL AND COMMENCEMENT

    139.   Regulations

    140.   Regulations

    141.   Fees and forms

    142.   Transitional

    143.   SNL2005 cS-16.2 Amdt.

    144.   SNL2010 cT-0.02 Amdt.

    145.   RSNL1990 cY-1 Amdt.

    146.   NLR 59/03 Amdt.

    147.   NLR 26/01 Amdt.

    148.   NLR 153/04 Amdt.

    149.   NLR 78/99 Amdt.

    150.   Repeal

    151.   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 in 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

        3. (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

        7. (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

      13. (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

      14. (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

      21. (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 of interest and upon the terms and conditions, and all instruments and 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;

             (c)  on the terms and conditions; and

             (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

      28. (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, setting out the terms and conditions of a guarantee of a loan to be made under 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, at the rate of interest and on those terms and conditions that may be approved 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

      45. (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

      46. (1) A licence shall be subject to the terms and conditions imposed by this Act and 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

      47. (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

      48. (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

      49. (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

      51. (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; or

             (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

      52. (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

      53. (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

      54. (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

      55. (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

      56. (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

      58. (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

      61. (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

      62. (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

      63. (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

      64. (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

      65. (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

      66. (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; or

             (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

      67. (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

      69. (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

      70. (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

      71. (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

      73. (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

      75. (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

      78. (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

      79. (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

      80. (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

      81. (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

      82. (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

      83. (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

      86. (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

      87. (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

      91. (1) A person shall not knowingly sell, give or otherwise supply an alcoholic beverage to

             (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

      92. (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

      95. (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, or

                    (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

      96. (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

      97. (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

      99. (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 by 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

   105. (1) Where, in the opinion of an officer it would not be practical to personally appear before a Provincial Court judge to apply for a warrant, the officer may make the application by telephone, facsimile or other means of telecommunication.

             (2)  Where the information on which an application for a warrant is submitted by telephone, facsimile or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone, facsimile or other means of telecommunication.

             (3)  The information submitted by telephone, facsimile or other means of telecommunication shall include

             (a)  a statement of the circumstances that make it impracticable for the officer to appear personally before a Provincial Court judge; and

             (b)  a statement of the officer’s grounds for believing that a person has 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

   107. (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

   108. (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

   112. (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

   114. (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

   115. (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

   117. (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

   119. (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

   120. (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

   124. (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

   126. (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

   133. (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 search

   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

   135. (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 the terms and conditions of a licence or order issued under this Act or the 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

   139. (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 application for a licence and the terms and conditions to be attached to or to 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 of the whole or part of the year, or a specified time or occasion and prescribe different days and hours for different areas in the province;

             (f)  prescribing the quantity and conditions under which alcoholic beverages in a licensed premises can be open for serving as opposed to alcoholic beverages stored as inventory;

             (g)  respecting licences issued under section 45 and prescribing the persons to whom the holder of a classified licence may sell or deliver beer;

             (h)  prescribing the kind and quantity of food served at a meal that may be provided by a licensed premises and to a consumer exclusive of the cost of alcoholic beverages;

              (i)  prescribing, with respect to alcoholic beverages to be sold by the glass in a licensed premises,

                      (i)  the type or kind of container that shall be used in the delivery of the alcoholic beverage to the appropriate licensee,

                     (ii)  the type or kind of container from which alcoholic beverages are to be dispensed in glasses,

                    (iii)  the type or kind of glass that shall be used to contain alcoholic beverages,

                    (iv)  the capacity of and the markings that shall appear on the glass in which alcoholic beverages are to be sold, or

                     (v)  the quality and volume of alcoholic beverages to be sold in a glass,

or make provision with respect to all or any of the matters referred to in subparagraphs (i) to (v) of this paragraph;

              (j)  prescribing, where beer is sold by the glass, the volume of beer to be contained in each glass when so sold;

             (k)  prescribing reports to be made to the corporation by licensees;

              (l)  providing for inspection of records of purchases of alcoholic beverages by the licensees;

           (m)  prescribing the qualifications and requirements for licensees, the standards, conditions and specifications for licensed premises, the number of licensed premises in a locality, and provide for the inspection of the licensed premises;

             (n)  specifying and describing the place and the manner in which alcoholic beverages may be lawfully kept or stored;

             (o)  regulating the conduct, management, equipment, maintenance, facilities and accommodation of licensed premises;

             (p)  providing that designated classes of licenses may be permitted to operate on different designated premises at different times but not on more than one premises at a time and prescribe the terms and conditions under which the permission may be given;

             (q)  regulating the licensing, conduct, management and equipment of warehouses where alcoholic beverages are kept for sale or distribution within the province or for the purpose of being matured;

              (r)  prescribing a class of licences for the sale of alcoholic beverages to the public differing from the classes of licences prescribed in section 45, either instead of the classes of licences prescribed in those sections or additional to those classes of licences;

             (s)  respecting what constitutes a period of inactivity for the purpose of section 54 and subsection 64(4);

              (t)  respecting compliance testing which may be conducted by a minor;

             (u)  respecting the method of calculating interest for the purpose of section 100;

             (v)  defining a word not already defined in this Act; and

            (w)  generally, for the purpose and administration of this Act.

             (2)  For the purpose of paragraph (1)(b),

             (a)  different times may be prescribed by which licensed premises shall be vacated after the close of sale of alcoholic beverages; and

             (b)  different days and hours may be prescribed

in respect of different kinds of alcoholic beverages, different licensed premises or different kinds of them, or different areas of the province, or in respect of any of those matters.

Regulations

   140. The minister may make regulations prescribing the number of hectolitres a year which may be produced by a

             (a)  microbrewery;

             (b)  distillery; or

             (c)  cottage winery.

Fees and forms

   141. The minister may set fees and the corporation may prescribe forms for the purpose and administration of this Act.

Transitional

   142. (1) A licensee under the Liquor Control Act immediately before the coming into force of this Act shall be considered to be a licensee under this Act.

             (2)  Where, on the coming into force of this Act a secondary licence had been issued for a valid licence, that secondary licence shall be considered to be an endorsement under this Act unless the corporation otherwise directs.

             (3)  Where, upon the coming into force of this Act

             (a)  the board had begun a proceeding under this Act, the proceeding shall be concluded under the former Act as if this Act had not come into force; and

             (b)  the board had received an application for a proceeding under this Act but the proceeding had not begun at the time of the coming into force of this Act, the proceeding shall be conducted in accordance with this Act.

             (4)  An order or decision made under the Liquor Corporation Act or the Liquor Control Act which was in force on the coming into force of this Act shall continue in force and shall be considered to be an order or decision under this Act.

SNL2005 cS-16.2 Amdt.

   143. Paragraph 4(1)(h) of the Smoke-free Environment Act, 2005 is amended by deleting the reference "Liquor Control Act" and by substituting the reference "Liquor Control Act, 2014".

SNL2010 cT-0.02 Amdt.

   144. Paragraph 6(2)(b) of the Tax Agreement Act, 2010 is amended by deleting the reference "Liquor Control Act or the Liquor Corporation Act" and substituting the reference "Liquor Control Act, 2014".

RSNL1990 cY-1 Amdt.

   145. Section 3.1 of the Young Persons Offences Act is amended by deleting the word "or" at the end of paragraph (a), by deleting the period at the end of paragraph (b) and substituting a semi-colon and the word "or", and by adding immediately after that the following:

             (c)  relating to the possession of alcoholic beverages by a minor under subsection 78(1) of the Liquor Control Act, 2014.

NLR 59/03 Amdt.

   146. (1) Paragraphs 12(a) and (b) of the Waste Management Regulations, 2003 under the Environmental Protection Act are repealed and the following substituted:

             (a)  "alcoholic beverage" means an alcoholic beverage as defined in the Liquor Control Act, 2014;

             (b)  "beer" means beer as defined in the Liquor Control Act, 2014;

             (2)  Subparagraph 12(c)(vi) of the regulations is repealed and the following substituted:

                    (vi)  an alcoholic beverage,

             (3)  Subsection 14(1) of the regulations is amended by deleting the words "alcoholic liquor" and substituting the words "an alcoholic beverage".

             (4)  Subsection 18(1) of the regulations is amended by deleting the words "alcoholic liquor" and substituting the words "an alcoholic beverage".

NLR 26/01 Amdt.

   147. Paragraph 6(2)(b) of the Direct Equity Tax Credit Regulations under the Income Tax Act, 2000 is amended by deleting the reference "Liquor Control Act" and substituting the reference "Liquor Control Act, 2014".

NLR 153/04 Amdt.

   148. Clause 2(1)(b)(iv)(B) of the Labour-Sponsored Venture Capital Tax Credit Regulations under the Labour-Sponsored Venture Capital Tax Credit Act is amended by deleting the reference "Liquor Control Act" and substituting the reference "Liquor Control Act, 2014".

NLR 78/99 Amdt.

   149. Paragraph 2(h) of the Provincial Offences Ticket Regulations, 1999 under the Provincial Offences Act is repealed and the following substituted:

             (h)  section 47, subsection 78(1), sections 93, 94 and 95 of the Liquor Control Act, 2014;

Repeal

   150. The Liquor Control Act and the Liquor Corporation Act are repealed.

Commencement

   151. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.