2018 BILL 21

	21


Third Session, 48th General Assembly 67 Elizabeth II, 2018
BILL 21
AN ACT TO AMEND THE LIQUOR CORPORATION ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE TOM OSBORNE Minister of Finance and President of Treasury Board
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Corporation Act to

· remove the provisions with respect to the sale, possession and delivery of cannabis that are no longer necessary; and

· add references to the Cannabis Control Act.

A BILL

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

Analysis

1. S.2 Amdt.
Interpretation

2. S.5 Amdt.
Board

3. S.8 Amdt.
Chairperson and board member's powers

4. S.11 R&S
Conflict of interest

5. S.33 Amdt.
Power to deal in liquor and cannabis

6. S.34.1 Rep.
Licence re: cannabis

7. S.41 R&S
All money to be paid to corporation

8. S.45 Amdt.
Purchases by corporation

9. S.46 Amdt.
Prices

10. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-19
as amended

1. (1) Paragraph 2(1)(f.1) of the Liquor Corporation Act is repealed and the following substituted:

(f.1) "cannabis" means cannabis as defined in the Cannabis Control Act;

(2) Paragraph 2(1)(f.2) of the Act is repealed.

(3) Paragraph 2(1)(f.3) of the Act is repealed and the following substituted:

(f.3) "cannabis retail location" means cannabis retail location as defined in the Cannabis Control Act;

(f.4) "cannabis store" means cannabis store as defined in the Cannabis Control Act;

(4) Paragraph 2(1)(i) of the Act is repealed and the following substituted:

(i) "licensee" means a person holding a valid and existing licence issued under and in accordance with this Act, the Liquor Control Act and a regulation made under those Acts;

(5) Subsection 2(2) of the Act is repealed and the following substituted:

(2) Where this Act conflicts with the Liquor Control Act or the Cannabis Control Act, this Act prevails.

2. (1) Subsection 5(1) of the Act is repealed and the following substituted:

Board

5. (1) The Lieutenant-Governor in Council may appoint a board of directors which shall exercise and discharge the powers and duties of

(a) the corporation;

(b) the board under the Liquor Control Act; and

(2) Paragraphs 5(10)(c) and (d) of the Act are repealed and the following substituted:

(d) for the purpose of carrying out its duties or purposes under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

3. Subsection 8(1) of the Act is repealed and the following substituted:

Chairperson and board member's powers

8. (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, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

4. Section 11 of the Act is repealed and the following substituted:

Conflict of interest

11. (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 liquor or cannabis or in an undertaking in which alcoholic liquor or cannabis is required;

(b) premises in respect of which an existing licence has been issued under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts;

(c) a contract or other arrangement in respect of premises upon which alcoholic liquor or cannabis is manufactured, produced, sold or kept for sale; or

(d) purchases or sales made by the corporation or by persons authorized under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts to purchase or sell alcoholic liquor or cannabis.

(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 liquor or cannabis which he or she may lawfully purchase under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

5. (1) Paragraphs 33(a) and (b) of the Act are repealed and the following substituted:

(a) buy, import and have in its possession for sale and sell alcoholic liquor or articles associated with alcoholic liquor in the manner set forth in this Act;

(a.1) buy, import, have in its possession and sell cannabis or articles associated with cannabis in the manner set forth in this Act or the Cannabis Control Act;

(b) control the possession, sale and delivery of all alcoholic liquor and cannabis in accordance with this Act and the Cannabis Control Act;

(2) Subparagraph 33(d)(ii) of the Act is repealed and the following substituted:

(ii) establish, maintain and operate cannabis stores and cannabis retail locations at the places in the province that may be considered advisable for the sale of cannabis in accordance with this Act and the Cannabis Control Act,

(3) Paragraph 33(g) of the Act is repealed.

(4) Paragraphs 33(h) and (i) of the Act are repealed and the following substituted:

(h) 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, the Liquor Control Act or the Cannabis Control Act;

(i) buy or lease all plant and equipment it may consider necessary and useful in carrying into effect the objects and purposes of this Act, the Liquor Control Act or the Cannabis Control Act;

(5) Paragraph 33(l) of the Act is repealed and the following substituted:

(l) do all the things that are considered necessary or advisable by the corporation for the purpose of carrying into effect this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

6. Section 34.1 of the Act is repealed.

7. Section 41 of the Act is repealed and the following substituted:

All money to be paid to corporation

41. All money received from the sale of alcoholic liquor accruing in the administration of this Act shall be paid to the corporation.

8. Subsection 45(1) of the Act is repealed and the following substituted:

Purchases by corporation

45. (1) An order for the purchase of alcoholic liquor by the corporation shall be authorized by those officers of the corporation that may be designated by the board, and an order shall not be valid or binding unless so authorized.

9. Subsection 46(1) of the Act is repealed and the following substituted:

Prices

46. (1) The board may fix the prices at which the various classes, varieties and brands of spirits, wine and beer are to be sold and different prices may be prescribed under this subsection in respect of beer sold to the corporation, to a licensee and to the public.

Commencement

10. 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.