2024 Bill 62

	62


Second Session, 50th General Assembly 2 Charles III, 2024
BILL 62
AN ACT TO AMEND THE LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE SIOBHAN COADY 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 Control Act and the Liquor Corporation Act.

The Liquor Control Act would be amended to

· amend definitions, add new definitions and remove unnecessary definitions;

· remove the classes of licences that may be issued and add regulation-making authority to prescribe classes of licences in the regulations;

· amend the requirements in relation to notice of intention to apply for a licence to remove the requirement to publish the notice in a newspaper and allow the notice to be published in any media;

· allow the board of the Newfoundland and Labrador Liquor Corporation to set the form of an application for licence;

· remove the requirement that a person submit an application in person;

· remove the provisions relating to identification cards as the board of the Newfoundland and Labrador Liquor Corporation no longer issues identification cards;

· change the prohibition of consuming liquor in public to possessing liquor in public;

· amend the powers of officers for the purposes of inspection;

· clarify that records include electronic records and video recordings;

· add authority to obtain telewarrants;

· remove the offence of peddling liquor;

· increase penalties for certain offences;

· amend the regulation-making authority provisions;

· replace all references to "Trial Division" with the correct reference "Supreme Court"; and

· incorporate gender-neutral language.

The Liquor Corporation Act would be amended to

· amend definitions;

· remove the authority to issue licences under the Act;

· clarify that the board of the Newfoundland and Labrador Liquor Corporation may set the rate of gross profit for alcoholic liquor and may set different rates for wine, spirits and beer;

· amend the requirements in relation to notice of intention to establish a liquor store or liquor agency to remove the requirement to publish the notice in a newspaper and allow the notice to be published in any media; and

· incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT

Analysis

LIQUOR CONTROL ACT

1. S.2 R&S

Definitions

2. S.17 Amdt.
Powers of board

3. S.18 Amdt.
Investigations by board

4. S.27 R&S

Licences

5. S.28 Rep
Beer vendor's licence

6. S.29 R&S

Licence terms and conditions

7. S.33 Amdt.
Qualification for licence

8. S.34 R&S

Notice

9. S.35 Amdt.
Application

10. S.36 Amdt.
New or repaired premises

11. S.38 R&S

Application process

12. S.40 Amdt.
Public hearings

13. S.41 Amdt.
Notice of hearing

14. S.44 Amdt.
Transfers of licences

15. S.48 Amdt.
Licence cancelled

16. S.49 Amdt.
Proceedings for cancellation

17. S.51 Amdt.
Appeal

18. S.52 Amdt.
Appointment of day for hearing

19. S.53 Amdt.
Posting of licence

20. S.53.1 Added
Marketing, advertising, sponsorship and promotionrestrictions

21. S.54 Amdt.

How to keep alcoholic liquor

22. S.55 Amdt.
Unlicensed liquor not to be consumed

23. S.55.1 Added

Liquor not to be removed from licenses premises

24. S.56 R&S

Licence restrictions

25. S.56.1 Amdt.
Tax

26. S.57 R&S
Requirement to comply with terms and conditions

27. S.59 R&S
Proof of age

28. S.60 R&S

Issuance of permits and licences

29. S.61 Amdt.
Regulations

30. S.61.1 R&S
Fees and forms

31. S.67 Amdt.
Act does not apply to essences

32. S.68 Amdt.
Limitation on amount of liquor to be brought into province

33. S.69 Amdt.
Export liquor warehouses

34. S.70 Amdt.
Sale

35. S.72 Amdt.
Offences by minors

36. S.74 Amdt.
Adulteration

37. S.75 Amdt.
Sale prohibited

38. S.76 Amdt.
Supplying liquor to minors

39. S.77 Amdt.

Possession of open alcoholic liquor in public place

40. S.79 Rep.
Peddling

41. S.80 Amdt.
Alcoholic liquor in motor vehicle

42. S.81 Amdt.
Order of interdiction

43. S.82 Amdt.

Possession by interdicted person

44. S.83 Amdt.
Interdiction of premises

45. S.84 Amdt.
Placarding of interdicted premises

46. S.85 Amdt.
Transfer of interdiction

47. S.86 Amdt.
Persons found on premises where offences committed

48. S.88 Amdt.

Powers of officers

49. S.89 Amdt.
Search for alcoholic liquor or records

50. S.89.1 Added

Telewarrant

51. S.90 Amdt.
Seizure of contraband

52. S.91 Amdt.
Disposal

53. S.92 Amdt.
Third party claims

54. S.99 Amdt.
Obstruction of officers

55. S.101 Amdt.
Protection of officers

56. S.102 R&S

Hindering searches

57. S.103 Amdt.
Protection of employees

58. S.114 R&S
Presumption – sale on premises

59. S.116 Amdt.
Appeals

60. S.117 Amdt.
Procedure on appeals

61. S.124 R&S

Offence and penalty

62. S.124.1 Amdt.
Offence: contraband

63. S.125 Amdt.
Default

64. S.131 Amdt.
Local alcohol committees

LIQUOR CORPORATION ACT

65. S.2 Amdt.
Interpretation

66. S.5 Amdt.
Board

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

68. S.9 Amdt.
Use of seal

69. S.11 Amdt.
Conflict of interest

70. S.15 Amdt.
Budget may be revised

71. S.16 Amdt.
Minister's approval

72. S.25 Amdt.
Loans by government

73. S.28 Amdt.
Financial statement

74. S.29 Amdt.
Additional reports

75. S.32 Amdt.
Other audits

76. S.34 Rep.
Licences to brewers

77. S.35 R&S

Returns

78. S.36 R&S

Examination of books

79. S.37 Rep.
Sale and delivery of beer

80. S.38 R&S

Containers to bear label

81. S.38.1 Added
Gross profit

82. S.44 R&S

Action against members

83. S.46 Amdt.

Prices

84. S.47 R&S

Notice

85. S.55 R&S
Fees and forms

86. Commencement

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

LIQUOR CONTROL ACT

RSNL1990 cL-18
as amended

1. Section 2 of the Liquor Control Act is repealed and the following substituted:

Definitions

2. In this Act,

(a) "alcoholic liquor" or "liquor" means any substance appropriate for human consumption containing alcohol in excess of the amount prescribed in the regulations, including spirits, wine and beer or any combination of them;

(b) "beer" means any beverage containing alcohol obtained by the fermentation of an infusion or decoction of barley malt and hops or of any similar products in potable water;

(d) "contraband" means alcoholic liquor that is not purchased, possessed, acquired, transported, stored or sold in accordance with this Act or the regulations;

(e) "conveyance" means an instrument of transportation and includes the following:

(i) a motor vehicle,

(ii) an off-road vehicle,

(iii) an aircraft,

(iv) a ship,

(v) a boat,

(vi) a remotely operated vehicle, and

(vii) a vehicle running upon fixed rails;

(f) "inspector" means a person authorized or appointed by the board in accordance with this Act to enforce this Act and the regulations;

(g) "licence" means a licence issued under this Act or the regulations to sell alcoholic liquor;

(h) "licensed premises" means premises in respect of which a licence has been issued;

(i) "licensee" means a person holding a valid licence issued under this Act or the regulations;

(j) "liquor agency" means a store established, maintained or operated by an agent further to an agency agreement with the board which buys alcoholic liquor from the liquor corporation and sells it to the public;

(k) "liquor corporation" means the Newfoundland and Labrador Liquor Corporation continued under the Liquor Corporation Act;

(l) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(m) "motor vehicle" means a vehicle propelled, driven or controlled otherwise than by muscular power and includes a trailer;

(n) "officer" means a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police, and includes inspectors acting under this Act;

(o) "permit" means a permit issued under this Act;

(p) "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, unoccupied 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 conveyance that is being used as a permanent or temporary dwelling on unoccupied private land;

(q) "sale" or "sell " includes

(i) to solicit or receive an order,

(ii) to keep or expose for sale,

(iii) to exchange or otherwise to deliver for value in another way than purely gratuitously, or

(iv) to keep with the intent to sell;

(r) "spirits" means any beverage containing alcohol obtained by distillation;

(s) "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 motorcycle; and

(t) "wine" means alcoholic liquor obtained by the fermentation of the natural sugars contained in fruit, vegetables, vegetable products, honey or the like whether or not additional sugars are added.

2. Subsection 17(2) of the Act is amended by deleting the words "Minister of Justice" and substituting the words "Minister of Justice and Public Safety".

3. (1) Paragraph 18(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 18(4) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

4. Section 27 of the Act is repealed and the following substituted:

Licences

27. The board may issue the classes of licences prescribed in the regulations.

5. Section 28 of the Act is repealed.

6. Section 29 of the Act is repealed and the following substituted:

Licence terms and conditions

29. A licence shall be subject to the terms and conditions

(a) imposed by the board; and

(b) prescribed in this Act, the regulations and the Liquor Corporation Act.

7. (1) Subsection 33(1) of the Act is amended by

(a) deleting the words "a person" and substituting the words "an applicant"; and

(b) deleting the words "his or her" and substituting the words "the applicant's".

(2) Subsection 33(2) of the Act is repealed and the following substituted:

(2) A licence shall not be granted to an applicant unless the applicant is an appropriate person to keep and operate the kind of premises in respect of which the licence is sought and the applicant has not been convicted within 3 years before the application for the licence for an offence under the Criminal Code punishable by imprisonment of one year or more.

8. Section 34 of the Act is repealed and the following substituted:

Notice

34. An applicant for a licence for an establishment shall, before filing an application with the board, give notice of the applicant's intention to apply for the licence, by publishing a notice in the form set by the board, once a week for 3 consecutive weeks preceding the application in a media 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.

9. Section 35 of the Act is amended by deleting the words "prescribed by the minister" wherever they appear and substituting the words "set by the board".

10. Subsection 36(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the applicant".

11. Section 38 of the Act is repealed and the following substituted:

Application process

38. (1) An application for a licence shall be made in the form and manner set by the board.

(2) The board may require an applicant to appear in person if the board 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 board.

12. Subsection 40(3) of the Act is amended by deleting the reference "section 3 of the Public Inquiries Act" and substituting the reference "section 9 of the Public Inquiries Act, 2006".

13. Paragraph 41(1)(a) of the Act is repealed and the following substituted:

(a) in the same media 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 published in that media, not more than 4 weeks and not less than 2 weeks before the sittings;

14. Subsection 44(2) of the Act is amended by deleting the words "his or her" and substituting the word "the".

15. (1) Paragraph 48(1)(a) of the Act is repealed and the following substituted:

(a) the licensee persistently fails to comply with this Act, the regulations, the Liquor Corporation Act, an order, or a condition of the licence;

(2) Subsection 48(2) of the Act is amended by deleting the words "he or she" and substituting the words "the trustee in bankruptcy or the mortgagee in possession".

(3) Subsection 48(3) of the Act is amended by deleting the words "wine, beer or spirits" and substituting the words "alcoholic liquor".

16. (1) Subsection 49(2) of the Act is amended by deleting the words "his or her" and substituting the words "the licensee's or proposed transferee's".

(2) Subsection 49(4) of the Act is amended by deleting the reference "section 3 of the Public Inquiries Act" and substituting the reference "section 9 of the Public Inquiries Act, 2006".

17. Section 51 of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the person";

(b) deleting the words "his or her" wherever they appear and substituting the words "the person's"; and

18. (1) Subsection 52(4) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

(2) Subsection 52(5) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

19. Section 53 of the Act is amended by deleting the words "his or her" and substituting the words "the licensee's".

20. The Act is amended by adding immediately after section 53 the following:

Marketing, advertising, sponsorship and promotion restrictions

53.1 All marketing, advertising, sponsorships and promotions related to alcoholic liquor shall comply with the requirements prescribed in the regulations.

21. (1) Subsections 54(1) and (2) of the Act are repealed and the following substituted:

How to keep alcoholic liquor

54. (1) Alcoholic liquor kept by a licensee for sale shall, while in the licensee's possession, be kept in the container in which it was when purchased by the licensee.

(2) A licensee shall not

(a) put other alcoholic liquor in a container in which another alcoholic liquor was purchased by the licensee; or

(b) dilute, alter or treat deceptively the contents of a container of alcoholic liquor, while the alcoholic liquor is in the licensee's possession.

(2) Subsection 54(3) of the Act is amended by deleting the words "him or her" and substituting the words "the licensee".

22. Subsection 55(2) of the Act is amended by deleting the words "him or her" and substituting the words "a licensee".

23. The Act is amended by adding immediately after section 55 the following:

Liquor not to be removed from licensed premises

55.1 A person shall not remove liquor from a licensed premises except as permitted in the regulations.

24. Section 56 of the Act is repealed and the following substituted:

Licence restrictions

56. (1) A licence issued under this Act or the regulations shall be subject to the restrictions prescribed in the regulations.

(2) The regulations may prescribe different restrictions for different classes of licences.

25. (1) Subparagraph 56.1(1)(c)(i) of the Act is repealed and the following substituted:

(i) purchased liquor for the person's own use or consumption or for the use or consumption by other persons at the person's expense, or

(2) Subsection 56.1(2) of the Act is amended by deleting the words "him or her" and substituting the words "the purchaser".

(3) Subsection 56.1(4) of the Act is repealed and the following substituted:

(4) A purchaser shall be considered to have paid the tax at the time the liquor was purchased.

26. Section 57 of the Act is repealed and the following substituted:

Requirement to comply with terms and conditions

57. A holder of a licence or permit shall comply with the terms and conditions of the licence or permit.

27. Section 59 of the Act is repealed and the following substituted:

Proof of age

59. (1) A person wishing to purchase alcoholic liquor or enter a licensed premises shall produce proof of age upon the demand of an officer or an employee of the licensee, a liquor store or a liquor agency.

(2) A licensee shall require proof of age from a person who the licensee reasonably believes has not reached 19 years of age before permitting that person to enter, be in or remain upon a licensed premises except as permitted under this Act and the regulations.

(3) The board may determine the acceptable forms of proof of age of a person who wishes to purchase alcoholic liquor or enter, be in or remain upon a licensed premises.

28. Section 60 of the Act is repealed and the following substituted:

Issuance of permits and licences

60. (1) A person authorized to issue permits or licences under this Act and the regulations shall not knowingly issue a permit or licence to a person who

(a) is disqualified to apply for it by this Act or the regulations; or

(b) provides false particulars in the application for a permit or licence.

(2) A person shall not have in the person's possession a permit or licence that the person does not own unless the person has the consent of the lawful owner of the permit or licence.

29. (1) Subsection 61(1) of the Act is amended by adding immediately after paragraph (b.1) the following:

(b.2) prescribe the amount of alcohol for the purposes of paragraph 2(a);

(2) Paragraph 61(1)(e) of the Act is amended by deleting the reference "section 28" and substituting the words "this Act or the regulations".

(3) Paragraph 61(1)(f) of the Act is repealed and the following substituted:

(f) prescribe classes of licences;

(4) Subsection 61(1) of the Act is amended by adding immediately after paragraph (f) the following:

(f.1) prescribe the terms and conditions of each class of licence;

(f.2) prescribe licence restrictions;

(5) Paragraphs 61(1)(g) to (i) of the Act are repealed.

(6) Subparagraph 61(1)(j)(v) of the Act is amended by deleting the word "quantity" and substituting the word "volume".

(7) Paragraph 61(1)(k) of the Act is repealed and the following substituted:

(k) prescribe the volume of alcoholic liquor that is considered to be a standard serving;

(8) Paragraph 61(1)(l) of the Act is amended by deleting the word "board" and substituting the words "liquor corporation".

(9) Subsection 61(1) of the Act is amended by adding immediately after paragraph (p) the following:

(p.1) prescribe the requirements respecting marketing, advertising, sponsorships and promotions related to alcoholic liquor;

(10) Subsection 61(1) of the Act is amended by adding immediately after paragraph (q) the following:

(q.1) prescribe the circumstances in which liquor may be removed from a licensed premises;

(11) Paragraph 61(1)(s) of the Act is amended by deleting the number "1" and substituting the word "one".

(12) Paragraph 61(1)(t) of the Act is repealed.

(13) Subsection 61(1) of the Act is amended by adding immediately after paragraph (v) the following:

(v.1) provide for the calculation of interest for the purposes of subsection 91(6);

(v.2) define a word or phrase used but not defined in this Act; and

(v.3) provide for matters generally to give effect to this Act.

(14) Paragraphs 61(1)(w) to (z) of the Act are repealed.

30. Section 61.1 of the Act is repealed and the following substituted:

Fees and forms

61.1 The minister may set fees and the board may set forms for the purpose and administration of this Act.

31. Subsection 67(2) of the Act is amended by

(a) deleting the number "1" and substituting the word "one";

(b) deleting the words "his or her" wherever they appear and substituting the words "the person's"; and

32. Section 68 of the Act is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the person"; and

(b) deleting the number "1" and substituting the word "one".

33. Section 69 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

34. Subsection 70(2) of the Act is amended by deleting the words "by him or her".

35. (1) Paragraph 72(a) of the Act is repealed and the following substituted:

(a) enter a liquor store established or maintained and operated by the liquor corporation unless accompanied by a parent or guardian;

(2) Paragraph 72(b) of the Act is amended by deleting the words "for himself or herself or another".

(3) Paragraph 72(d) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

36. Subsection 74(2) of the Act is repealed.

37. (1) Paragraph 75(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the officer's.

(2) Paragraph 75(1)(f) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

38. Subsection 76(2) of the Act is repealed.

39. (1) Subsection 77(1) of the Act is repealed and the following substituted:

Possession of open alcoholic liquor in public place

77. (1) A person shall not possess open alcoholic liquor in a public place, except under and in accordance with a valid licence or permit issued under this Act and the regulations.

(2) Subsection 77(4) of the Act is repealed.

40. Section 79 of the Act is repealed.

41. Subsection 80(2) of the Act is repealed.

42. (1) Subsection 81(1) of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the words "the person's"; and

(b) deleting the words "him or her" and substituting the words "the person".

(2) Subsection 81(2) of the Act is amended by

(a) deleting the reference "3^rd" and substituting the word "third";

(b) deleting the words "he or she" and substituting the words "the person"; and

43. (1) Subsection 82(1) of the Act is repealed and the following substituted:

Possession by interdicted person

82. (1) An interdicted person shall not keep, possess or control alcoholic liquor.

(2) Subsection 82(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the interdicted person's".

(3) Section 82 of the Act is amended by adding immediately after subsection (3) the following:

(4) Where a Provincial Court judge convicts a person who contravenes subsection (1), the Provincial Court judge may declare the alcoholic liquor and all packages in which it was contained to be forfeited to the Crown.

44. (1) Paragraph 83(3)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the offender".

(2) Subsection 83(5) of Act is amended by deleting the words "he or she" and substituting the words "the purchaser or new occupier".

45. Section 84 of the Act is amended by deleting the words "his or her" and substituting the words "the occupier's".

46. Section 85 of the Act is amended by deleting the words "his or her" and substituting the words "the occupier's".

47. Section 86 of the Act is amended by

(a) deleting the number "1" and substituting the word "one";

(b) deleting the words "he or she" and substituting the words "the person"; and

48. (1) Subsection 88(1) of the Act is repealed and the following substituted:

Powers of officers

88. (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 this 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 liquor or records are kept and may do one or more of the following:

(a) ascertain the quantities of alcoholic liquor 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

and the person occupying or in charge of the ship, boat, building, place of business or premises where the licensee's alcoholic liquor or records are kept shall produce for inspection the alcoholic liquor or the books and records or other documents that the officer may request.

(2) Section 88 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) 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) Subsection 88(2) of the Act is repealed and the following substituted:

(2) 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 liquor not exceeding an amount necessary for the purpose of conducting the analysis.

49. (1) Subsection 89(1) of the Act is amended by

(a) deleting the words "motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial, public or private premises" wherever they appear and substituting the word "conveyance or a commercial, public or private premises";

(b) deleting the words "motor vehicle, all-terrain vehicle, aircraft, ship, boat or other thing" and substituting the word "conveyance or other thing";

(d.1) seize and take away cell phones, computers, electronic devices, storage devices and digital video recorders and shall return them as soon as practicable; and

(2) Section 89 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) 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) Subsection 89(2) of the Act is amended by deleting the words "motor vehicle, all-terrain vehicle, aircraft, ship or boat" wherever they appear and substituting the word "conveyance";

(4) Subsection 89(3) of the Act is repealed and the following substituted:

(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 the officer's duties.

(5) Section 89 of the Act is amended by adding immediately after subsection (4) the following:

(4.1) Subsection (4) does not apply to a dwelling house.

50. The Act is amended by adding immediately after section 89 the following:

Telewarrant

89.1 (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 failed to comply with or otherwise contravened this Act or the regulations or that entry onto premises where a failure to comply with or a contravention of this Act or the regulations 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.

51. (1) Section 90 of the Act is amended by renumbering it subsection 90(1) and by

(a) deleting the words "he or she" wherever they appear and substituting the words "the officer";

(b) deleting the words "motor vehicle, aircraft, ship or boat" wherever they appear and substituting the word "conveyance"; and

(2) Section 90 of the Act is amended by adding immediately after subsection (1) the following:

(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.

52. (1) Subsection 91(3) of the Act is amended by deleting the words "motor vehicle, aircraft, ship, boat" wherever they appear and substituting the word "conveyance".

(2) Subsection 91(4) of the Act is amended by deleting the words "motor vehicle, aircraft, ship, boat" and substituting the word "conveyance".

(3) Subsection 91(5) of the Act is amended by

(a) deleting the words "motor vehicle, aircraft, ship, boat" and substituting the word "conveyance"; and

(b) deleting the words "to him or her".

(4) Subsection 91(6) of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the words "the person's";

(b) deleting the words "to him or her" wherever they appear; and

53. (1) Subsections 92(1) to (3) of the Act are amended by

(a) deleting the words "motor vehicle, aircraft, ship, boat" wherever they appear and substituting the word "conveyance"; and

(b) deleting the words "he or she" and substituting the words "the Provincial Court judge".

(2) Subsection 92(4) of the Act is amended by deleting the words "motor vehicle, aircraft, ship or boat" and substituting the word "conveyance".

54. Section 99 of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the officer's";

(b) deleting the words "him or her" and substituting the words "the officer"; and

55. Section 101 of the Act is amended by deleting the words "him or her" and substituting the words "the officer".

56. Section 102 of the Act is repealed and the following substituted:

Hindering searches

102. A person shall not interfere with or hinder a person authorized under this Act or by search warrant to investigate a contravention of this Act or to make a search or examination or seizure in the performance of the person's duties under this Act or the regulations.

57. Section 103 of the Act is amended by

(a) deleting the words "when acting in his or her official capacity" and substituting the words "when acting in the officer's official capacity"; and

(b) deleting the words "given in his or her official capacity" and substituting the words "given in the person's official capacity".

58. Section 114 of the Act is repealed and the following substituted:

Presumption – sale on premises

114. A sale of alcoholic liquor 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.

59. Section 116 of the Act is amended by

(a) deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court"; and

(b) deleting the words "his or her" wherever they appear and substituting the word "the".

60. Section 117 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

61. Section 124 of the Act is repealed and the following substituted:

Offence and penalty

124. (1) A person who contravenes section 55.1 is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine of $300 and in default of payment of the fine to imprisonment for 2 days; and

(b) for a second or subsequent offence, to a fine of $500 and in default of payment of the fine to imprisonment for 3 days.

(2) A person who contravenes subsection 70(1) or section 71 is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $50,000 or to imprisonment for not more than 2 years, or to both a fine and imprisonment, and in default of payment of the fine to imprisonment for not more than one year.

(3) A person who contravenes subsection 70(2) is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $10,000 or to imprisonment for not more than 2 years, or to both a fine and imprisonment, and in default of payment of the fine to imprisonment for not more than 3 months.

(4) A person who contravenes subsection 74(1) is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine of not less than $300 and not more than $10,000 and in default of payment of the fine to imprisonment for not less than one month and not more than 6 months; and

(b) for a second or subsequent offence, to imprisonment for not more than 12 months without the option of a fine.

(5) A person who contravenes subsection 77(1) is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine of $300 and in default of payment of the fine to imprisonment for 2 days; and

(b) for a second or subsequent offence, to a fine of $500 and in default of payment of the fine to imprisonment for 3 days.

(6) A person who contravenes subsection 77(3) is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $10,000 and in default of payment of the fine to imprisonment for not less than 3 months and not more than 12 months.

(7) A person who contravenes subsection 80(1) is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $10,000 and in default of payment of the fine to imprisonment for not less than 2 days and not more than 7 days.

(8) A person who contravenes subsection 82(1) is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $500 and in default of payment of the fine to imprisonment for not less than one month and not more than 6 months.

(9) A person who contravenes section 102 is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $10,000 and in default of payment of the fine to imprisonment for not less than one month and not more than 6 months.

(10) Except where otherwise provided in this Act or the regulations, where a person contravenes this Act or the regulations, the person is guilty of an offence and 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 in default of payment of the fine to imprisonment for not more than 3 months; or

(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 both a fine and imprisonment and in default of payment of the fine to imprisonment for not more than 3 months.

62. (1) Subsection 124.1(1) of the Act is repealed and the following substituted:

Offence: contraband

124.1 (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

(iv) in default of payment, to imprisonment for a period of 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

(iv) in default of payment, to imprisonment for a period of not more than one year; and

(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

(iv) in default of payment, to imprisonment for a period of not more than 2 years.

(2) Subsection 124.1(2) of the Act is amended by deleting the amount "$150" and substituting the amount "$200".

(3) Subsection 124.1(3) of the Act is amended by

(a) deleting the reference "subsections (1) and (2)" and substituting the reference "subsection (2)"; and

(b) deleting the number "1" and substituting the word "one".

63. Section 125 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

64. Paragraph 131(1)(a) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

LIQUOR CORPORATION ACT

RSNL1990 cL-19
as amended

65. (1) Paragraph 2(1)(a) of the Liquor Corporation Act is repealed.

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

(b) "alcoholic liquor" or "liquor" means any substance appropriate for human consumption containing alcohol in excess of the amount prescribed in the regulations under the Liquor Control Act, including spirits, wine and beer or any combination of them;

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

(d) "beer" means any beverage containing alcohol obtained by the fermentation of an infusion or decoction of barley malt and hops or of any similar products in potable water;

(4) Subsection 2(1) of the Act is amended by adding immediately after paragraph (h) the following:

(h.1) "licensed manufacturer" means a manufacturer of alcoholic liquor licensed under the Liquor Control Act to sell alcoholic liquor;

(5) Paragraph 2(1)(i) is repealed and the following substituted:

(i) "licensee" means a person holding a valid licence issued under and in accordance with the Liquor Control Act and the regulations under that Act;

(6) Paragraphs 2(1)(n) to (q) of the Act are repealed and the following substituted:

(n) "sale" or "sell" includes

(i) to solicit or receive an order,

(ii) to keep or expose for sale,

(iii) to exchange or otherwise to deliver for value in another way than purely gratuitously, or

(iv) to keep with the intent to sell;

(o) "spirits" means any beverage containing alcohol obtained by distillation;

(p) "wine" means alcoholic liquor obtained by the fermentation of the natural sugars contained in fruit, vegetables, vegetable products, honey or the like whether or not additional sugars are added; and

(q) "winery" means an establishment licensed under the laws of Canada to produce wine.

66. (1) Paragraph 5(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the deputy minister's".

(2) Subsection 5(7) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

67. (1) Subsection 8(1) of the Act is amended by deleting the words "him or her" and substituting the words "the chairperson".

(2) Subsection 8(3) of the Act is amended by deleting the words "his or her" and substituting the words "the chairperson's".

68. Subsection 9(1) of the Act is amended by deleting the number "1" and substituting the word "one".

69. Subsection 11(2) of the Act is repealed and the following substituted:

(2) Nothing in subsection (1) prevents members of the board, officers or other employees of the corporation from purchasing and possessing for their personal use or the personal use of their family alcoholic liquor or cannabis which the members, officers or other employees may lawfully purchase under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

70. Section 15 of the Act is amended by deleting the words "him or her" and substituting the words "the minister".

71. (1) Subsection 16(1) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

(2) Subsection 16(2) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister".

72. Section 25 of the Act is amended by deleting the words "he or she" and substituting the words "the Lieutenant-Governor in Council".

73. Section 28 of the Act is amended by deleting the number "1" and substituting the word "one".

74. Section 29 of the Act is amended by deleting the words "him or her" and substituting the words "the minister".

75. Section 32 of the Act is amended by deleting the words "he or she may specify in the order" and substituting the words "the minister may specify".

76. Section 34 of the Act is repealed.

77. Section 35 of the Act is repealed and the following substituted:

Returns

35. (1) A licensed manufacturer shall submit to the corporation each month a return showing the gross amount of sales made by that licensed manufacturer.

(2) A licensed manufacturer who fails to submit a return required by subsection (1) within the first 20 days of the month following the month reported in the return is guilty of an offence and liable on summary conviction to a penalty of $100 a day for each day the return is delayed, counting from the date the return was due.

78. Section 36 of the Act is repealed and the following substituted:

Examination of books

36. (1) The corporation may examine the books and other related information as determined by the corporation of a licensed manufacturer making or required to make the returns referred to in section 35 or may otherwise verify the accuracy of those returns.

(2) A licensed manufacturer who refuses to allow an examination referred to in subsection (1) or who fails to make returns in accordance with this Act is guilty of an offence.

79. Section 37 of the Act is repealed.

80. Section 38 of the Act is repealed and the following substituted:

Containers to bear label

38. (1) Alcoholic liquor produced for sale by a licensed manufacturer shall be sold in containers with labels that have received prior approval of the corporation and shall comply with the laws of Canada respecting packaging, labelling and quality control standards.

(2) A licensed manufacturer or other person who contravenes this section is guilty of an offence, and liable on summary conviction to a fine of not more than $1,000 and in default of payment of the fine to a term of imprisonment for not more than 6 months.

81. The Act is amended by adding immediately after section 38 the following:

Gross profit

38.1 (1) The board may set the rate of gross profit and may set different rates for different types or classes of alcoholic liquor or based upon different volumes of alcoholic liquor produced by a brewer, winery or distillery.

(2) A brewer, before the delivery of beer, shall collect and forward together with the monthly return referred to in section 35, in respect of beer to be delivered by the brewer either by sale or by gift under a licence issued under the Liquor Control 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.

(3) A brewer or other person who contravenes this section is guilty of an offence, and liable on summary conviction to a fine of not more than $1,000 and in default of payment of the fine to a term of imprisonment for not more than 6 months.

82. Section 44 of the Act is repealed and the following substituted:

Action against members

44. (1) A person who proposes to take an action or proceeding against a member of the board or against an official of the corporation for anything done or omitted to be done in or arising out of the performance of the member's or official's duties under this Act shall notify the minister of the person's intention to do so, and an action or proceeding shall not be started until the expiration of 30 days after the service of the notice on the minister.

(2) An action, order or decision of the board as to a matter or thing in respect of which a power, authority or discretion is conferred on the board by this Act is final and shall not be questioned, reviewed or restrained by a proceeding in a court.

83. Subsections 46(1) and (2) of the Act are repealed and the following substituted:

Prices

46. (1) The board may set the prices at which the various classes, varieties and brands of liquor are to be sold and different prices may be set in respect of liquor sold to the corporation, to a licensee and to the public.

(2) The board may set the price for empty alcoholic liquor containers and may set the prices at which empty containers are to be sold

(a) by the corporation, to a licensee and to another person;

(b) by a licensee to the corporation and to another person; and

84. Section 47 of the Act is repealed and the following substituted:

Notice

47. After the minister approves the establishment of a liquor store or provides for the sale of liquor at a liquor agency, the board shall give a notice of its intention to establish the liquor store or liquor agency by publishing a notice in at least one media in the electoral district where the liquor store or liquor agency would be located and by posting copies of the notice in conspicuous places in the area in which the liquor store or liquor agency would be situated.

85. Section 55 of the Act is repealed and the following substituted:

Fees and forms

55. The minister may set fees and the board may set forms for the purpose and administration of this Act.

Commencement

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