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Statutes of Newfoundland and Labrador 2009


CHAPTER 24

AN ACT TO AMEND THE LIQUOR CONTROL ACT

(Assented to May 28, 2009)

Analysis


        1.   S.73.1 Added
Movement of liquor within the province

        2.   S.89 R&S
Search for alcoholic liquor or records

        3.   S.124 Amdt.
Penalty


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

RSNL1990 cL-18 as amended

        1. The Liquor Control Act is amended by adding immediately after section 73 the following:

Movement of liquor within the province

   73.1 A person shall not, either personally or through the intervention or with the assistance of another person, order for delivery, send, bring, or carry liquor or a package containing liquor from a person or place in the province to

             (a)  a person who may not lawfully purchase and consume liquor; or

             (b)  a prohibited area as defined in section 128 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.

 

        2. Section 89 of the Act is repealed and the following substituted:

Search for alcoholic liquor or records

      89. (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 motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial, public or private premises in the province, and

             (a)  search for contraband or alcohol alleged to have been obtained contrary to section 73.1;

             (b)  examine the contents of the motor vehicle, all-terrain vehicle, aircraft, ship or boat 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 contraband or alcohol alleged to have been obtained contrary to section 73.1;

             (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 motor vehicle, all-terrain vehicle, aircraft, ship, boat or other thing in which contraband or alcohol alleged to have been obtained contrary to section 73.1 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 motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial, public or private premises anything that will provide evidence with respect to a contravention of this Act may issue a warrant authorizing the officer named in the warrant to enter the motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial, public or private premises, search for and seize anything that will provide evidence with respect to a contravention of this Act, subject to the conditions that may be specified in the warrant.

             (3)  The owner or person in charge of the motor vehicle, all-terrain vehicle, aircraft, ship or boat or a premises referred to in this section and a person found there shall give an officer reasonable help to enable the officer to carry out his or her duties and functions under this section and shall provide the information that the officer may reasonably require.

             (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)  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.

             (6)  For the purpose of this section, the word "premises" includes a receptacle or container that is not a motor vehicle or trailer.

 

        3. Section 124 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  In addition to a penalty imposed under subsection (1), for a violation of section 73.1 the court may order the liquor involved in the violation be forfeited to the Crown.