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Statutes of Newfoundland 1992


CHAPTER 18

CHAPTER 18

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

(Assented to June 11, 1992)

Analysis

1. S.2 Amdt.
Definitions

2. Ss. 3 to 7 R&S
3. Board continued
4. Organization of board
5. Chairperson of board

3. S.8 Amdt.
Disqualification of members

4. Ss. 10 to 13 Rep.
10. Financial year
11. Board to submit report to minister
12. Financial statement
13. Additional statements and reports

5. S.14 R&S
Minutes to be kept

6. Ss.15 & 16 Rep.
15. Audit of accounts
16. Other audits

7. S.17(3) Rep
Powers of board

8. S.22 Rep.
Substitution of board

9. S.18.1 Added
Transfer of property

10. Ss. 19 & 20 Rep.
19. Salaries and expenses 20. Revenue of board

11. S.26(a) R&S
Qualifications of licensees

12. S.61(1)(g) R&S
Regulations

13. Ss. 63 & 64 Rep.
63. Revenues of board
64. Expenses of board

14. S.81 Amdt.
Order of interdiction

15. S.115(1) R&S
Government analyst

16. S.119 Amdt.
Disposition of fines

17. S.120 R&S
Fines to be revenue of board

18. RSN 1990 cL-19
Amdt.

19. Commencement

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


RSN 1990 cL-18

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 (1) Paragraph 2(d) of the Liquor Control Act is repealed and the following substituted:

(d) "board" means the liquor licensing board continued under section 3;

(2) Paragraphs 2(k) and (m) of the Act are repealed and the following substituted:

(k) "licence" means a licence granted under this Act or the Liquor Corporation Act or the regulations made under either of those Acts to sell wine, beer or spirits;

(m) "licensee" means a person holding a valid licence issued under this Act or the Liquor Corporation Act or a regulation made under either of those Acts;

(3) Paragraph 2(n) of the Act is repealed and the following substituted:

(n) "liquor agency" means an agency established by the liquor corporation under section 33 of the Liquor Corporation Act, and authorized to sell liquor from an approved premises;

2. Sections 3 to 7 of the Act are repealed and the following substituted:

Board continued

3. (1) The liquor licensing board is continued as a division of the liquor corporation.

(2) The board shall consist of 4 members, 1 of whom shall be an officer of the corporation, appointed by the Lieutenant-Governor in Council, and the president of the board of directors of the liquor corporation who shall be the chairperson of the board.

Organization of board

4. (1) The Lieutenant-Governor in Council may appoint 1 of the members of the board to be vice-chairperson.

(2) The board is not disabled from acting by reason only of a vacancy in its number, but the number of members shall not at any time be less than 2.

(3) A majority of the board constitutes a quorum for the conduct of its business.

(4) The affirmative votes of a majority of the members present at a meeting of the board at which a quorum is present are sufficient to pass a resolution which the board is competent to make.

(5) The members of the board, except the chairperson, shall be paid for their services the remuneration which the Lieutenant-Governor in Council may by order determine.

(6) The members of the board, except the chairperson, hold office for a term of 3 years from the date of appointment.

Chairperson of board

5. (1) The chairperson of the board is responsible for the general direction, supervision and control of the business of the board and has the other powers that may be conferred on him or her by the regulations.

(2) In the event of the incapacity or absence of the chairperson, the vice-chairperson or another member of the board designated by the Lieutenant-Governor in Council has and may exercise the powers of the chairperson and shall discharge his or her duties.

(3) An act done by the board shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment or qualification of a member of the board be as valid as if the defect had not existed.

3. (1) Subsection 8(1) of the Act is amended by striking out the words "or an officer, inspector or other employee of the Board".

(2) Subsection 8(2) of the Act is amended by striking out the words "any member, officer or other employee referred to in that subsection" and substituting the words "a member of the board".

4. Sections 10 to 13 of the Act are repealed.

5. Section 14 of the Act is repealed and the following substituted:

Minutes to be kept

14. The chairperson of the board shall ensure that regular minutes are kept of the meetings of the board.

6. Sections 15 and 16 of the Act are repealed.

7. Subsection 17(3) of the Act is repealed.

8. Section 22 of the Act is repealed.

9. Section 23 of the Act is repealed and the following substituted:

Transfer of property

18.1 All property, whether real or personal, including records, books and accounts, held by the Newfoundland Liquor Licensing Board immediately before the coming into force of this section is vested in the liquor corporation.

[N.B. The sections repealed by sections 8 and 9 relate to The Liquor Control Act, 1973. They were in fact repealed by RSN 1990 cL-18. An amendment to sections 8 and 9 to reflect that fact will be proposed.]

10. Sections 19 and 20 of the Act are repealed.

11. Paragraph 26(a) of the Act is repealed and the following substituted:

(a) a person who is at least 19 years of age;

12. Paragraph 61(1)(g) of the Act is repealed and the following substituted:

(g) with the approval of the liquor corporation, designating employees of the corporation to act on behalf of the board under this Act;

13. Sections 63 and 64 of the Act are repealed.

14. (1) Subsection 81(1) of the Act is amended by striking out the words "and the Liquor Corporation".

(2) Subsection 81(2) of the Act is amended by striking out the words "the Liquor Corporation and".

15. Subsection 115(1) of the Act is repealed and the following substituted:

Government analyst

115. (1) For the purpose of a prosecution under this Act, the certificate of

(a) the government analyst;

(b) the assistant government analyst; or

(c) an analyst appointed or designated under subsection (2)

that a liquid or substance contains alcohol is, in the absence of evidence to the contrary, proof that the liquid or substance is alcoholic liquor.

16. Section 119 of the Act is amended by striking out the word "Board" and substituting the words "liquor corporation".

17. Section 120 of the Act is repealed and the following substituted:

Fines are corporate revenue

120. A fine recovered under this Act is part of the revenue of the liquor corporation.

RSN 1990 cL-19 Amdt.

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

(j) "licensing board" means the liquor licensing board continued under the Liquor Control Act;

(2) Paragraph 5(1)(c) of the Act is repealed.

(3) Subsection 11(2) of the Act is repealed.

[N.B. The provision repealed by subsection 18(3) relates to The Liquor Corporation Act, 1973. It was in fact repealed by RSN 1990 cL-19. An amendment to subsection 18(3) to reflect that fact will be proposed.]

(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 in an undertaking in which alcoholic liquor is required;

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

(c) a contract or other arrangement in respect of premises upon which alcoholic liquor 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 Liquor Control Act or a regulation made under either of those Acts to purchase or sell alcoholic liquor.

(2) An employee of the corporation who is not an officer of the corporation shall not directly, individually or as a member of a partnership or corporation, have an interest in or receive a benefit directly from

(a) the manufacture, sale or distribution of, or other dealing in, alcoholic liquor or in an undertaking in which alcoholic liquor is required;

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

(c) a contract or other arrangement in respect of premises upon which alcoholic liquor 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 Liquor Control Act or a regulation made under either of those Acts to purchase or sell alcoholic liquor.

(3) Nothing in subsection (1) or (2) 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 which he or she may lawfully purchase under the Liquor Control Act or a regulation made under that Act.

(5) Paragraph 33(g) of the Act is amended by adding immediately after the words "the operation of this Act" the words "and the Liquor Control Act".

(6) Paragraph 33(h) of the Act is amended by adding immediately after the words "the objects and purposes of this Act" the words "and the Liquor Control Act".

(7) Paragraph 33(k) of the Act is amended by adding immediately after the words "the provisions of this Act and the regulations" the words "and the Liquor Control Act and regulations made under that Act".

(8) Subsection 35(1) of the Act is repealed and the following substituted:

Returns

35. (1) A licensee who is licensed under section 34 shall make to the corporation every month an exact return showing the gross amount of sales made by that licensee.

Commencement

19. Sections 1 to 17 and subsections 18(1) to (3) and (5) to (7) of this Act are considered to have come into force on April 1, 1992.

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