<<SR_PageTitle>>

1.2If no expiry date is set out in a licence or permit, the licence or permit expires on the thirty-first day of March next following the effective date of the licence or permit.

94-76

1.3Notwithstanding section 1.2, a licence to provide live entertainment issued under section 63.01 of the Act and subsisting on January 10, 1999, expires on January 10, 1999, if the live entertainment involves a performance, contest, act or activity that includes the removal of any piece or article of clothing at any stage thereof, or involves a particular state of undress for the performance, contest, act or activity itself, by either male or female performers and including but not restricted to striptease dancers, go-go dancers, exotic dancers, models, female impersonators, wet clothing contests, best body parts contests, and bands, singers or musicians.

98-96

2Repealed: 93-185

3For the purposes of and in accordance with sections 47 and 48 of the Act, the Minister may grant special occasion permits.

3.1The holder of a special occasion permit who has obtained beer in exchange for a voucher gratuitously provided by a brewer under the Gifts of Beer by Brewers Regulation - Liquor Control Act shall not sell the beer.

85-185; 93-185

4When liquor is carried or conveyed for the purposes permitted in subsection 41(2) of the Act by a common carrier or motor carrier, the operator thereof, throughout the carriage or conveyance, shall have in his possession bills of lading for the liquor and produce them for inspection upon the demand of a constable.

5Repealed: 93-185

6Every railway company, express company or other common carrier, doing business within the Province shall keep at each place of business within the Province where goods are received for shipment or from where goods are delivered an accurate record of each consignment of liquor received and of every delivery of liquor made at or from such place of business, showing the time when the liquor was received or delivered, the name and address of the person to whom the liquor was consigned or delivered and the apparent kind and quantity of liquor.

LICENCES AND LICENSED PREMISES

7(1)A person applying for a licence under the Act shall deliver a completed application form to the Minister, shall pay the prescribed fee, shall comply with the Act and the regulations and, other than in the case of an application for a special events licence, brewer’s licence, distiller’s licence, winery licence or UVin/UBrew licence, shall deliver to the Minister a completed personal history report.

7(2)Unless otherwise provided for in the Act or this Regulation, the Minister may issue a licence under the Act upon receipt of the application and any other documentation, information, descriptions and plans required under the Act or the regulations, payment of the prescribed fee and compliance with the provisions of the Act and the regulations.

93-185; 2010-64; 2021-39

8Repealed: 93-185

9Every application for a licence or for a renewal of a licence of a class referred to in paragraph 63(b), (b.1), (c), (d), (g) or (j) of the Act and for a licence referred to in section 63.01 of the Act or for a renewal thereof shall contain a complete statement of the use to be made of the premises in respect of which the licence is sought, including a complete description of the type and nature of any activity to be carried out in the premises, including, but without restricting the generality of the foregoing, the providing of music, dance, entertainment or amusement.

89-168; 93-185; 99-23

10A licence shall include a description of the conditions attached to the licence, specifying, among other things, the use to be made of the premises, including a complete description of the type and nature of any activity to be carried out in the premises, including, but without restricting the generality of the foregoing, the providing of music, dance, entertainment or amusement.

11(1)No licensee shall conduct or permit to be conducted in the licensed premises any use, activity, entertainment or amusement which has not been attached to the licence as a condition unless he obtains the written approval of the Minister.

11(2)A licensee who wishes to vary a condition attached to a licence, including a change of a use, activity, entertainment or amusement authorized to be conducted in the licensed premises, shall submit a written request to the Minister.

11(3)Repealed: 93-185

89-60; 93-185

12(1)A licensee shall keep books and records indicating the monthly purchases and sales of liquor.

12(2)A dining-room licensee shall keep books and records indicating the monthly sales of food.

89-60; 89-168; 92-91

13During the hours fixed by the Minister for the sale, serving or consumption of liquor in licensed premises and at any other time upon demand, a licensee, his employees, servants and agents shall permit any person authorized in writing by the Minister so to do, or an inspector, to enter the licensed premises and other premises under the care and control of the licensee, and to examine and copy any records therein and to inspect the premises and to carry out any search thereof, whether by himself or with the assistance of others.

93-185; 99-23

14Repealed: 90-10

90-10

15(1)During the hours fixed by the Minister for the sale, serving or consumption of liquor in licensed premises, a licensee shall be in personal charge of the licensed premises or have a designated person in charge of the licensed premises.

15(2)A licensee shall not permit any person to be in charge of a licensed premises until the licensee has submitted to the Minister the name of the person and such other information as the Minister may require and has obtained written approval from the Minister for the person to be in charge.

93-185; 99-23

16Every licensee shall keep posted in a conspicuous place in the licensed premises the licence issued to him.

17A licensee, other than a wine serving licensee, shall have on his licensed premises only liquor purchased from the Corporation by the written order of the licensee or the person in charge of the licensed premises on order forms supplied by the Minister or the Corporation.

89-60; 93-185; 99-23

18Repealed: 93-185

18.1Repealed: 93-16

89-168; 90-123; 92-151; 93-16

19(1)A licensee shall dispense all liquor sold in their licensed premises from the original containers in which the liquor was purchased from the Corporation.

19(2)A licensee shall measure liquor by means of a glass or mechanical measure of a type approved by the Minister.

19(3)Where liquor is displayed in licensed premises at a bar, a licensee shall display all brands and kinds of liquor on the licensed premises.

19(4)Repealed: 89-60

19(5)Repealed: 88-91

19(6)Subject to subsections (6.1) to (9) and paragraph 57(a), a licensee shall serve liquor only in drinking glasses

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

(b) that are disposable,

(c) Repealed: 2021-39

and approved by the Minister.

19(6.1)Subject to subsections (7) to (9), a dining-room licensee, wine serving licensee or lounge licensee shall serve liquor only in drinking glasses made of glass, ceramic, plastic or other material and approved by the Minister.

19(7)A licensee may serve wine in the original container provided the container is opened in the presence of the person ordering the wine or the person carrying or conveying the wine in accordance with subsection 41(5.1) of the Act.

19(8)A licensee may serve spirits in the original container provided the container does not contain more than fifty millilitres or one and three-quarter ounces of spirits and the seal thereon is broken in the presence of the person ordering the spirits.

19(9)In the poolside area of their licensed premises, a licensee shall serve liquor only in drinking glasses

(a) made of plastic that are disposable, or

(b) made of plastic that can be washed and sterilized,

and approved by the Minister.

85-186; 87-95; 88-91; 89-60; 89-168; 93-185; 99-23; 2020, c.33, s.23; 2021-39

20A licensee shall not permit any disorderly, boisterous or intoxicated person to be in or upon his licensed premises nor use or allow the use of profane or vulgar language therein.

20.1(1)A licensee shall ensure that patrons in the licensed premises vacate the premises promptly upon the expiration of the tolerance period prescribed for the premises.

20.1(2)Notwithstanding subsection (1), a licensee is not required to ensure that patrons vacate the premises where the premises is licensed as a dining-room or a wine serving establishment and remains open after the expiration of the tolerance period for the purpose of serving food.

89-168; 99-23

21Wherever, in this Regulation, a licensee may do anything, is required to do anything or is prohibited from doing anything, the term “licensee” wherever applicable includes the person in charge of the licensed premises and any person employed by or acting on behalf of the licensee.

22Unless a licensee received permission from the Minister in writing to do so, a licensee shall not let or sublet any portion of his licensed premises or cause or permit the operation or conduct of any services provided to the public on his licensed premises to be controlled or conducted by any other person.

23(1)Repealed: 92-91

23(2)Except as authorized by the Act and any regulation made under the Act, no licensee shall permit any liquor sold in their licensed premises to be taken from their licensed premises.

23(3)Except as authorized by the Act and any regulation made thereunder, no person shall take liquor into or out of any licensed premises.

92-91; 2020, c.33, s.23

24During the hours prescribed for the sale and consumption of liquor in any licensed premises, no licensee or any person employed therein shall consume liquor on the licensed premises during his working hours.

24.1A licensee shall have available, on the request of a patron, a liquor list approved by the Minister, on which is shown:

(a) the brands and kinds of liquor available and the price and quantity per serving; and

(b) the variety of cocktails or other mixed drinks, the quantity of liquor in each and the price of the drink.

89-60; 93-185

24.2A licensee shall serve to a patron in any variety of cocktail or other mixed drink not less than the quantity of liquor shown on the liquor list for that variety of drink unless the patron gives specific instructions for a lesser quantity.

25Repealed: 89-60

26Repealed: 87-95

87-95

27Repealed: 89-168

28Repealed: 89-168

29Repealed: 89-168

30Repealed: 89-168

DINING-ROOM LICENCE

30.1The premises of a dining-room in respect of which an application for a dining-room licence is made or a licence is issued shall

(a) have sufficient floor space for the purpose,

(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

(c) be otherwise conducted as required by the Act and regulations.

89-168; 99-23; 2020, c.33, s.23; 2021-39

31Repealed: 89-60

32(1)Repealed: 92-91

32(2)A dining-room licensee may refuse to serve liquor in the licensee’s licensed premises to a person who has not ordered a meal.

89-60; 92-91

33(1)No person shall be served liquor in the licensed premises of a dining-room licensee unless the person is seated.

33(2)No person shall consume liquor in the licensed premises of a dining-room licensee unless the person is seated.

34Repealed: 89-60

35Repealed: 89-60

36A dining-room licensee that is a railway company or a company that owns railway dining cars and operates them as parts of trains may purchase liquor, for sale and consumption in railway cars in the Province, elsewhere than from the Corporation but in respect of any such liquor sold in the Province such licensee shall pay to the Minister the same percentage on the purchase price of the liquor sold as such licensee is required by regulation to pay to the Minister on liquor purchased from the Corporation.

37Subsection 32(2) and sections 33 and 36 do not apply with respect to dining or reception areas of the licensed premises of a dining-room licensee approved by the Minister for special occasion use while being so used.

WINE SERVING LICENCE

99-23

37.01For the purposes of paragraph 89.1(1)(a) of the Act, a public food service within a defined area is approved if

(a) it has sufficient floor space for the purpose of offering a public food service, and

(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.

99-23; 2021-39

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.

99-23; 2008-143; 2021-39

37.03(1)No person shall be served wine in the licensed premises of a wine serving licensee unless the person is seated.

37.03(2)No person shall consume wine in the licensed premises of a wine serving licensee unless the person is seated.

99-23

LOUNGE LICENCE

37.1(1)The premises of a lounge in respect of which an application for a lounge licence is made or a licence is issued shall have standing or seating capacity for at least fifty patrons.

37.1(2)Subsection (1) does not apply where a lounge is operated in conjunction with a dining-room licensed under the Act.

89-168; 93-185

38Repealed: 89-60

39Repealed: 88-91

40Repealed: 88-91

41Repealed: 89-60

42Repealed: 89-60

43Repealed: 89-60

44Subject to the provisions of the Act with respect to a railway company or company that owns railway lounge cars, a lounge licensee shall have readily available, on the request of a patron therein, menus of food, for service either in the licensed premises of the lounge or the licensed premises of the dining room of the licensee.

45A lounge licensee that is a railway company or a company that owns railway lounge cars and operates them as parts of trains may purchase liquor, for sale and consumption in railway lounge cars in the Province, elsewhere than from the Corporation but in respect of any such liquor sold in the Province such licensee shall pay to the Minister the same percentage on the purchase price of the liquor sold as such licensee is required by regulation to pay the Minister on liquor purchased from the Corporation.

CLUB LICENCE

89-168; 93-185

45.1Repealed: 93-185

89-168; 93-185

46(1)The holder of a club licence, other than one issued under section 110 of the Act, shall have and keep in the licensed premises a register on which is shown the name and residential address of each member.

46(2)Subject to subsection (3), the holder of a club licence, other than one issued under section 110 of the Act, shall have and keep in the licensed premises a register on which is shown

(a) the name and address of every person, other than a member, admitted to or upon its licensed premises as a guest of a member, and

(b) the name of the host member.

46(3)Where a holder of a club licence, other than one issued under section 110 of the Act, is host to a group of persons in connection with the club’s activities or to a private function approved by the executive of the club with invited guests only, the names of the members of the group or of the guests invited to the private function may be recorded on paper separate from the guest register, together with the dates and hours when they are permitted to be on the licensed premises in connection with the specific occasion and, where a private function is hosted, the type of function, and the record shall be posted or kept in close proximity to the guest register.

46(4)No person, other than a member, shall have or consume liquor or be sold or served liquor in or upon the licensed premises of a holder of a club licence, other than one issued under section 110 of the Act, unless he is a registered or recorded guest.

89-60; 93-185

47The holder of a club licence, other than one issued under section 110 of the Act, who applies to the Minister for renewal of the licence shall file with the application a list of the names and residential addresses of the members that is current and is certified as such by the Secretary or by another officer of the club.

48Repealed: 89-60

49Repealed: 89-60

CLUB LICENCE UNDER SECTION 110 OF THE ACT

Repealed: 93-185

89-168; 93-185

50(1)The Minister may issue a club licence to a person in control of any canteen referred to in subsection 110(1) of the Act.

50(2)Repealed: 89-60

89-60; 89-168; 93-185

51Repealed: 89-168

52Repealed: 89-168

53Repealed: 89-168

54Repealed: 89-168

SPECIAL EVENTS LICENCE

55The following qualifications and conditions shall apply to the obtaining and maintenance of a special events licence:

(a) the event with respect to which a special events licence is applied for shall be a public event;

(b) an applicant which is an organization shall be responsible and composed of prominent local citizens;

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

(d) the applicant shall provide proper policing and shall state in the application the method to be used to ensure compliance with the terms and conditions of the special events licence;

(e) Repealed: 89-60

(f) an applicant for a licence shall provide with the application a list of the proposed prices to be charged for the sale of liquor under the licence, other than for the sale of liquor by concessionaires operating under the licence;

(g) Repealed: 93-185

(h) waiters, bartenders, security personnel or any workers or supervisors working or carrying out responsibilities with respect to the activities for which a special events licence has been granted shall not consume or be under the influence of liquor while on duty; and

(i) Repealed: 93-185

(j) only liquor purchased from the Corporation under the special events licence or under the licence of a concessionaire operating under the special events licence shall be sold or permitted on the premises for which the licence is issued.

89-60; 93-185; 2000, c.26, s.179; 2006, c.16, s.102; 2017, c.20, s.93; 2019, c.29, s.80; 2021-39

56A special events licence shall not be valid for a period exceeding seven days.

89-60; 93-185

57A special events licensee shall ensure, in the licensed premises, that

(a) glasses of a type approved by the Minister are provided,

(b) refuse bins are provided in sufficient numbers,

(c) tables and adequate seating are provided,

(d) beer is served in a glass approved by the Minister and is not served in an opened or capped container,

(e) no spirits, wine or beer is taken from the licensed premises, and

(f) persons who are qualified to prepare and serve liquor are provided in sufficient numbers and a list of those persons, other than those persons provided by a concessionaire operating under the special events licence, is provided with the application for the licence.

93-185; 2020, c.33, s.23

58Any advertisement of the event for which a special events licence is being or has been applied or for which a special events licence is issued must be submitted to the Minister for approval.

59(1)Not more than two special events licences shall be issued for an area within a local government for any particular period of time.

59(2)Unless the Minister decides otherwise, not more than two special events licences, other than special events licences under which concessions are granted shall be issued to a corporation, organization or local government in any one year.

89-60; 93-185; 2017, c.20, s.93; 2020, c.33, s.23

60(1)Inventories of spirits, wine or beer on hand at the termination of a special events licence shall be disposed of as directed by the Minister.

60(2)All arrangements for the purchase, delivery and return of inventories by a special events licensee must be authorized by the Minister and the Corporation.

93-185

SPECIAL FACILITY LICENCE

60.1The premises of a trade and convention centre in respect of which an application for a special facility licence is made or a licence is issued shall

(a) have sufficient floor space and accommodation for the purposes of a trade and convention centre, including a seating capacity of not less than one thousand persons as established by the fire marshal for the Province,

(b) have a kitchen and dining area of such a size and be equipped with cooking facilities, utensils, tables, chairs, tableware, dishes and other facilities so as to be suitable to accommodate and seat not less than one thousand persons, and

(c) be otherwise conducted as required by the Act and the regulations and be considered by the Minister to be in every respect a trade and convention centre.

89-168; 93-185; 99-23; 2021-39

60.2(1)The premises of an excursion boat in respect of which an application for a special facility licence is made or a licence is issued shall

(a) have seating for at least twenty-five patrons, and

(b) be inspected and have in force a certificate in accordance with the provisions of Part V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985.

60.2(2)A special facility licence issued in respect of an excursion boat is subject to the term and condition that liquor is to be served only during the period of time from thirty minutes before the boat is scheduled to depart for an excursion until thirty minutes before the completion of the excursion or during such period of time and for such special functions held on the boat as may be approved by the Minister.

89-168; 93-185

61Repealed: 89-168

62Repealed: 85-185

85-185

UVIN/UBREW LICENCE

62.1The following definitions apply in sections 62.2 to 62.95.

“bottle” means a can, keg or other receptacle into which wine or beer is placed after it is removed from a carboy.(bouteille)

“carboy” means a receptacle used for the aging or storage of wine or beer at a UVin/UBrew establishment.(tourie)

“customer” means a person who pays to use the services for the manufacture of wine or beer at a UVin/UBrew establishment.(client)

“services” includes the use of equipment for the manufacture of wine or beer at a UVin/UBrew establishment.(services)

2010-64; 2020, c.33, s.23

62.2(1)A UVin/UBrew licensee shall ensure that a customer visits the UVin/UBrew establishment at least 2 times and carries out the following tasks:

(a) during the first visit, the customer shall

(i) if applicable, pay for the ingredients for the manufacture of wine or beer;

(ii) pay for the services for the manufacture of wine or beer at the UVin/UBrew establishment; and

(iii) mix all the ingredients necessary to start the fermentation process to manufacture the wine or beer; and

(b) during the second visit, the customer shall

(i) if the bottles to be used for bottling the wine or beer bear the labels of wineries or breweries, remove the labels from the bottles;

(ii) bottle the wine or beer and cork or cap the bottles;

(iii) package the bottles of wine or beer; and

(iv) remove the wine or beer from the UVin/UBrew establishment.

62.2(2)A customer may be accompanied by a person who assists the customer in performing the tasks mentioned in subsection (1) as long as that person is not the UVin/UBrew licensee.

62.2(3)If the customer is physically incapable of performing the tasks mentioned in subsection (1), the UVin/UBrew licensee may perform the tasks on the customer’s behalf in the customer’s presence.

2010-64

62.3The customer shall carry or convey his or her wine or beer in unopened bottles to his or her residence and any person who is not prohibited from consuming liquor may consume the wine or beer at the customer’s residence.

62.4(1)A UVin/UBrew licensee shall provide the customer with an invoice setting out the following information:

(a) the customer’s name, address and telephone number;

(b) whether the customer is manufacturing wine or beer and the quantity of the wine or beer;

(c) if applicable, the ingredients provided to the customer and the price charged for the ingredients;

(d) the services provided to the customer and the price charged for the services;

(e) the date on which the customer begins manufacturing wine or beer;

(f) the amount of payment received from the customer;

(g) the name, address and telephone number of the UVin/UBrew establishment; and

(h) a statement indicating that the wine or beer is manufactured for consumption exclusively at the customer’s residence.

62.4(2)A UVin/UBrew licensee may

(a) add finings or stabilizing agents to the customer’s ingredients,

(b) filter and add carbonation to the customer’s ingredients,

(c) rack the customer’s wine or beer, and

(d) carry the customer’s wine or beer to a waiting vehicle.

62.4(3)No UVin/UBrew licensee shall

(a) manufacture or store wine or beer at the UVin/UBrew establishment for sale or exchange,

(b) sell, exchange or offer for sale or exchange wine or beer at the UVin/UBrew establishment,

(c) allow the customer’s wine or beer to be sold, exchanged or given at the UVin/UBrew establishment,

(d) allow a customer to advertise wine or beer for sale or exchange at the UVin/UBrew establishment,

(e) facilitate the sale, exchange or giving of the customer’s wine or beer,

(f) subject to section 62.5, allow the consumption of liquor at the UVin/UBrew establishment,

(g) provide services for the purpose of manufacturing wine or beer at the UVin/UBrew establishment to any person other than a customer,

(h) deliver a customer’s wine or beer,

(i) store or allow the storage of a customer’s wine or beer at the UVin/UBrew establishment after bottling,

(j) remove or allow the removal of a customer’s wine or beer from the UVin/UBrew establishment before bottling,

(k) bring or allow to be brought into the UVin/UBrew establishment liquor to be added to the customer’s wine, beer or ingredients, or

(l) allow the customer to bottle the customer’s wine or beer in bottles that bear the labels of wineries or breweries.

2010-64

62.5A UVin/UBrew licensee may allow a customer to sample the customer’s wine or beer during the manufacturing process, subject to the following:

(a) the sample is provided before the wine or beer is bottled;

(b) the sample is consumed at the UVin/UBrew establishment; and

(c) the sample is no greater than 50 ml.

62.6A UVin/UBrew licensee shall ensure that each carboy used for the manufacture of wine or beer at the UVin/UBrew establishment has attached to it a tag bearing the number of the invoice provided to the customer and, where applicable, the date on which enzymes or yeast were added to the ingredients.

62.7A UVin/UBrew licensee shall destroy any unclaimed wine or beer after making reasonable attempts to contact the customer.

62.8A UVin/UBrew licensee may, in accordance with section 62.2, manufacture wine or beer at the UVin/UBrew establishment for consumption at the licensee’s residence.

62.9(1)No UVin/UBrew licensee shall provide to a person under 19 years of age services for the purpose of manufacturing wine or beer at the UVin/UBrew establishment.

62.9(2)If a person who appears to be under 19 years of age requests to use the services for the manufacture of wine or beer at a UVin/UBrew establishment, the UVin/UBrew licensee shall, before granting the request, demand that proof of age satisfactory to the UVin/UBrew licensee be produced by the person, and proof in accordance with section 131.2 of the Act shall be taken to be satisfactory proof of age.

62.9(3)A UVin/UBrew licensee may employ a person under 19 years of age if

(a) the employee is under the direct and continual supervision of the licensee or another employee who is 19 years of age or older, and

(b) the employee does not participate in the process of manufacturing wine or beer at the UVin/UBrew establishment.

2010-64

62.91(1)A UVin/UBrew licensee may advertise

(a) the services and ingredients provided by the licensee and their prices, and

(b) the name, address and telephone number of the UVin/UBrew establishment.

62.91(2)No UVin/UBrew licensee shall in an advertisement

(a) promote immoderate consumption of liquor,

(b) indicate that wine or beer is available for sale or exchange at the UVin/UBrew establishment,

(c) advertise the price of wine or beer on a per bottle basis, or

(d) indicate that the wine or beer manufactured at the UVin/UBrew establishment may be consumed at any premises other than the customer’s residence.

2010-64

62.92Subject to any by-laws enacted or permits issued under the Local Governance Act concerning the hours of operation of retail businesses, a UVin/UBrew establishment may be open from 7 a.m. to 11 p.m.

2010-64; 2017, c.20, s.93

62.93A UVin/UBrew licensee shall ensure that the premises in respect of which his or her licence has been issued

(a) are clearly defined and kept separate from other premises that are used for different purposes, and

(b) are kept separate from other premises for which another type of licence has been issued under the Act by way of a fixed floor-to-ceiling wall.

62.94(1)A UVin/UBrew licensee shall retain the following records for at least one year:

(a) all records concerning the purchase of ingredients by the licensee; and

(b) a copy of the invoices provided to customers.

62.94(2)A UVin/UBrew licensee who applies to the Minister for renewal of his or her licence shall file with the application an annual return setting out the quantity of wine and beer manufactured at the UVin/UBrew establishment during the previous licence year.

2010-64

62.95On suspension or cancellation of the UVin/UBrew licence, the UVin/UBrew licensee or former UVin/UBrew licensee, as the case may be,

(a) may allow the wine or beer to remain at the UVin/UBrew establishment until such time that the wine or beer is ready to be bottled, and

(b) shall not conduct any new business concerning the manufacture of wine or beer at the UVin/UBrew establishment.

MANDATORY TRAINING PROGRAM

2021-39

Training program

2021-39

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;

(c) liability with respect to the giving, serving, selling or supplying of liquor;

(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.

2021-39

Training program – other province or territory

2021-39

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.

2021-39

FORMS

63A written notice, order, direction, licence, permit, permission, application or report required, given, served, issued or granted by, given or delivered to or served on the Minister or the Adjudicator under the Act or the regulations shall be on a form provided by the Minister or the Adjudicator, as the case may be, unless the Minister or the Adjudicator directs otherwise.

PRICE OF LIQUOR

99-25

63.01(1)No licensee and no employee or agent of a licensee shall sell or offer to sell

(a) draught beer at a price that is less than $0.11 per ounce or per 29.57 ml, tax inclusive,

(b) beer in a container at a price that is less than $0.125 per ounce or per 29.57 ml, tax inclusive,

(c) wine at a price that is less than $0.375 per ounce or per 29.57 ml, tax inclusive, and

(d) spirits at a price that is less than $1.50 per ounce or per 29.57 ml, tax inclusive.

63.01(2)The price referred to in subsection (1) applies

(a) to each ounce or each 29.57 ml of liquor in a serving of liquor, and

(b) to all liquor sold, whether sold separately or in combination with goods, services or entry fees.

99-25; 2020, c.33, s.23

GIFTS OF LIQUOR

2002-75

63.02A licensee referred to in subsection 42.1(1) of the Act and an employee or agent of such licensee are permitted to make, or offer to make, a gift of liquor or give liquor in accordance with the following to any person on the licensed premises and where applicable, on premises to which a licence extension under section 63.02 of the Act relates or in an area adjacent to and outside of a dining-room, lounge or special facility:

(a) Repealed: 2020, c.33, s.23

(b) one 12-ounce (355 ml) serving of beer per day;

(c) one 12-ounce (355 ml) serving of cooler per day;

(d) one 4-ounce (118 ml) serving of wine per day; or

(e) one 1-ounce (29.57 ml) serving of spirits or liqueur per day.

2002-75; 2020, c.33, s.23

FINES

95-107

63.1The fine that may be imposed by the Adjudicator on a licensee or permittee under subsection 124.2(1) or (2) of the Act is the sum of

(a) for a first offence, the amount established in Schedule A for that type of offence when it constitutes any first offence under the Act or the regulations, or

(b) for a second or subsequent offence, the amount established in Schedule A for that type of offence when it constitutes any second offence under the Act or the regulations,

plus an additional amount of one thousand dollars for each day or part of a day during which the hearing respecting the matter takes place, other than a day on which the hearing is adjourned upon commencement at the request of the Minister.

95-107

63.2The amount of a fine of which payment may be accepted under subsection 124.2(4) of the Act from a person alleged to have committed an offence under the Act or the regulations is

(a) for a first offence, the amount established in Schedule A for that type of offence when it constitutes any first offence under the Act or the regulations, and

(b) for a second offence, the amount established in Schedule A for that type of offence when it constitutes any second offence under the Act or the regulations.

95-107

CANCELLATION OR SUSPENSION OF LICENCES

2006-1

63.3(1)In considering whether a licence should be cancelled or suspended under section 124.42 of the Act, the Minister may take into account the following factors:

(a) the licensee’s history of compliance with section 6, subsection 7(1) and section 8 of the Smoke-free Places Act;

(b) subject to subsection (2), if the licensee has been convicted of more than one offence under subsection 12(2) of the Smoke-free Places Act, the length of time between convictions; and

(c) the number of orders issued under section 11 of the Smoke-free Places Act to the licensee with respect to section 6, subsection 7(1) or section 8 of that Act.

63.3(2)For the purposes of paragraph (1)(b), a conviction under subsection 12(2) of the Smoke-free Places Act with respect to subsection 7(2) of that Act and an order of an inspector under that Act shall not be taken into account.

2006-1; 2018-38

63.4In considering whether a licence should be cancelled or suspended under section 124.43 of the Act, the Minister may take into account the following factors:

(a) the licensee’s history of compliance with section 33 of the Gaming Control Act; and

(b) if the licensee has been convicted of more than one offence under section 33 of the Gaming Control Act, the length of time between convictions.