NEWFOUNDLAND AND LABRADOR REGULATION 36/26

CNLR 1162/96
as amended

1. (1) Subsection 15.3(3) of the Liquor Licensing Regulations is amended by deleting the word "temporarily".

(2) Subsection 15.3(4) of the regulations is amended by deleting the word "or" at the end of paragraph (a), deleting the period at the end of paragraph (b) and substituting a semi-colon and the word "or" and adding immediately after paragraph (b) the following:

(3) Section 15.3 of the regulations is amended by adding immediately after subsection (6) the following:

(6.1) Notwithstanding subsection (6), the requirement to complete the Serve Responsible NL program does not apply to a common carrier or courier.

(4) Subsection 15.3(7) of the regulations is repealed and the following substituted:

(7) A person shall not deliver alcoholic liquor to a person who appears intoxicated.

(5) Section 15.3 of the regulations is amended by adding immediately after subsection (7) the following:

(7.1) A person shall only deliver alcoholic liquor to a person where

(a) a person takes delivery of the alcoholic liquor; and

(b) the person who takes delivery of the alcoholic liquor is 19 years of age or older.

(6) Subsection 15.3(10) of the regulations is repealed and the following substituted:

(10) A brewer, winery or distillery shall not sell, deliver, advertise for sale or store alcoholic liquor except in the container and package sizes approved by the corporation.

(7) Section 15.3 of the regulations is amended by adding immediately after subsection (10) the following:

(10.1) An association of brewers, wineries or distilleries shall not sell, advertise for sale or store alcoholic liquor except in the container and package sizes approved by the corporation.

2. The regulations are amended by adding immediately after section 57.1 the following:

Terms and conditions of authorizations

57.2 (1) In addition to the terms and conditions imposed by the corporation and the Act, the following are terms and conditions of an authorization with respect to the sale and supply of alcoholic liquor by an authorized producer to an individual in the province for personal consumption:

(a) an authorized producer shall not sell or otherwise supply alcoholic liquor that the authorized producer did not produce;

(b) an authorized producer shall not sell alcoholic liquor to a person who

(i) is under the age of 19 years,

(ii) has been interdicted under the Act, or

(iii) is otherwise disqualified to purchase alcoholic liquor by or under the Act or these regulations;

(c) an authorized producer shall ship alcoholic liquor purchased by an individual in the province directly to the individual;

(d) an authorized producer shall collect and remit the beverage container deposit prescribed under the Waste Management Regulations, 2003 for each container of alcoholic liquor and beer sold by the authorized producer in the province;

(e) an authorized producer shall keep a record of sales of the authorized producer in the province and shall submit the reports required by the corporation;

(f) an authorized producer shall report to the corporation a change in any information that was provided as part of the authorized producer's request for an authorization; and

(g) an authorized producer shall report to the corporation any circumstance which the authorized producer knows or ought to know would disqualify the authorized producer from being issued an authorization under section 57.3 of the Act.

(2) Alcoholic liquor that is sold by an authorized producer shall not be delivered to a person who appears intoxicated.

(3) Alcoholic liquor that is sold by an authorized producer shall only be delivered to a person where

(a) a person takes delivery of the alcoholic liquor; and

(b) the person who takes delivery of the alcoholic liquor is 19 years of age or older.

(4) A report required under paragraph (1)(f) or (g) shall be made to the corporation within 30 days of the date the change occurred or the circumstances became known to the authorized producer.

Interest on mark-up

57.3 (1) Interest shall be levied upon the mark-up due under section 57.7 of the Act for each month or part of a month from the date it is required to be paid to the date of payment.

(2) For the purpose of subsection (1), the annual rate of interest with respect to the mark-up is the rate equal to the sum of

(a) the prime lending rate of the bank holding the province's general revenue fund as determined and adjusted in accordance with this section; and

(b) 4 percentage points.

(3) Interest calculated under this section shall be compounded monthly.

(4) The interest rate prescribed by this section shall be determined on June 15 and December 15 in each year and

(a) the interest rate as determined on June 15 shall apply to the mark-up that is owing after June 30; and

(b) the interest rate as determined on December 15 shall apply to the mark-up that is owing after December 31.

(5) Interest shall not be levied for a month in which the total of the following is less than $100:

(a) the mark-up due in that month; and

(b) any mark-up and interest due from a previous month that is required to be paid but has not been paid.

Period of inactivity

57.4 For the purpose of paragraph 57.8(1)(c) of the Act, the period of time that constitutes a period of inactivity is at least 365 days.

Commencement

3. These regulations come into force on the date the Liquor Control (Amendment) Act, SNL2026, c.18 comes into force.