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Acts and Regulations

2021-39 - Liquor Control Act

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NEW BRUNSWICK

REGULATION 2021-39

under the

Liquor Control Act

(O.C. 2021-122)

Filed April 29, 2021

1Subsection 7(1) of New Brunswick Regulation 84-265 under the Liquor Control Act is amended by striking out “winery licence, UVin/UBrew licence or waiter’s licence” and substituting “winery licence or UVin/UBrew licence”.

2Section 19 of the Regulation is amended

(a) in subsection (6)

(i) by repealing paragraph (a) and substituting the following:

(a) made of glass, ceramic, plastic or other materials that can be washed and sterilized, or

(ii) by repealing paragraph (b) and substituting the following:

(b) that are disposable,

(iii) by repealing paragraph (c);

(b) in subsection (6.1) by striking out “made of glass” and substituting “made of glass, ceramic, plastic or other material”.

3Section 30.1 of the Regulation is amended

(a) by repealing paragraph (b) and substituting the following:

(b) have a kitchen and dining area equipped with cooking utensils, tables, chairs, tableware, dishes and other facilities for the purpose of purveying food, and

(b) in paragraph (c) by striking out “and be considered by the Minister to be in every respect a dining-room of the best kind, conforming to such a high standard as to warrant the issuance of a dining-room licence”.

4Section 37.01 of the Regulation is amended

(a) in the portion preceding paragraph (a) of the French version by striking out “service public d’alimentation” and substituting “service d’alimentation public”;

(b) by repealing paragraph (b) and substituting the following:

(b) it has a kitchen and dining area equipped with cooking utensils, tables, chairs, tableware, dishes and other facilities for the purpose of offering a public food service.

5Section 37.02 of the Regulation is repealed and the following is substituted:

37.02For the purposes of paragraphs 69(1)(c.1) and 89.1(1)(b) of the Act, a business is an approved business if it has a kitchen and dining area that is equipped with cooking utensils, tables, chairs, tableware, dishes and other facilities suitable for the business.

6Paragraph 55(c) of the Regulation is repealed and the following is substituted:

(c) the applicant shall obtain clearance from the fire marshal, the Minister of Health and any local government authority having jurisdiction;

7Paragraph 60.1(b) of the French version of the Regulation is repealed and the following is substituted:

(b) avoir une cuisine et une aire de repas dont les dimensions ainsi que l’aménagement en ustensiles, en tables, en chaises, en articles de table, en vaisselle et en autres articles permettent d’accueillir au moins mille personnes assises, et

8The Regulation is amended by adding after section 62.95 the following:

MANDATORY TRAINING PROGRAM

Training program

62.96(1)Any training program provided in the Province that is offered in both official languages, relates to the giving, serving, selling or supplying of liquor in licensed premises or to the delivery of liquor that is sold with food purchased for delivery and includes training with respect to the following matters is a designated training program for the purposes of section 137.2 of the Act:

(a) liquor and its effects;

(b) responsibility to safeguard the wellbeing of patrons;

(d) identification documents and proof of age;

(e) techniques to prevent intoxication;

(f) strategies to reduce liquor consumption and promote health-conscious alternatives;

(g) recognition of intoxication;

(h) strategies for dealing with an intoxicated patron;

(i) refusal of liquor service; and

(j) strategies for communication with co-workers and the documentation of liquor-related incidents.

62.96(2)Immediately after completion of a training program referred to in subsection (1), a certificate of completion shall be given to any person who successfully completes the program.

62.96(3)The training referred to in subsection (1) is valid for a period of five years after the date of successful completion of the training program.

62.96(4)A licensee or permittee shall maintain at their licensed premises a copy of a certificate referred to in subsection (2) relating to any person the licensee or permittee employs or permits to act in any way in connection with the giving, serving, selling or supplying of liquor in the licensed premises.

62.96(5)A licensee shall maintain at their licensed premises a copy of a certificate referred to in subsection (2) relating to any person the licensee employs to deliver liquor that is sold with food purchased for delivery.

Training program – other province or territory

62.97(1)Any person who successfully completed in any other province or territory of Canada a training program that relates to the giving, serving, selling or supplying of liquor or to the delivery of liquor that is sold with food purchased for delivery

(a) is exempt from the requirement to complete the training program referred to in subsection 62.96(1) for a period of five years after the date of successful completion of the program, and

(b) shall complete the training program referred to in subsection 62.96(1) after the expiration of the period referred to in paragraph (a).

62.97(2)Any training program referred to in subsection (1) is for the period referred to in paragraph (1)(a), a designated training program for the purposes of section 137.2 of the Act.

62.97(3)Any licensee or permittee shall maintain at their licensed premises a copy of a certificate of completion for any training program referred to in subsection (1) relating to any person the licensee or permittee employs or permits to act in any way in connection with the giving, serving, selling or supplying of liquor in the licensed premises.

62.97(4)Any licensee shall maintain at their licensed premises a copy of a certificate of completion for any training program referred to in subsection (1) relating to any person the licensee employs to deliver liquor that is sold with food purchased for delivery.

9This Regulation comes into force on September 1, 2021.