Acts and Regulations

L-10 - Liquor Control Act

Full text
Current to 1 January 2024
CHAPTER L-10
Liquor Control Act
INTERPRETATION
Definitions
1In this Act
“Adjudicator” means the Adjudicator appointed under subsection 124.1(1);(arbitre)
“airline licence” and “airline licensee” Repealed: 1989, c.20, s.1
“beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt and hops or of any similar products in drinkable water and containing more than 0.5 per cent of proof spirits;(bière)
“beverage room licence” and “beverage room licencee” Repealed: 2008, c.57, s.1
“Board” Repealed: 1992, c.90, s.1
“brewer” means a manufacturer of beer for commercial purposes but does not include a person solely engaged in the brewing of beer under an in-house brewery licence;(brasseur)
“brewer’s licence” means a brewer’s licence issued under this Act and “brewer licensee” means the person named in a subsisting brewer’s licence as the licensee;(licence de brasseur) et (titulaire d’une licence de brasseur)
“cabaret licence” and “cabaret licensee” Repealed: 1989, c.20, s.1
“catering licence” means a catering licence issued under this Act;(licence de traiteur)
“Chairman” Repealed: 1992, c.90, s.1
“clergyman” includes a minister, priest, commissioner and staff officer of the Salvation Army, and rabbi;(membre du clergé)
“club” means an association of individuals for purposes of mutual entertainment and convenience and includes the premises occupied or used for any such purpose;(club)
“club licence” means a club licence issued under this Act in respect of a club or a forces canteen and “club licensee” means the person named in a subsisting club licence as the licensee;(licence de club) et (titulaire d’une licence de club)
“club member” or “member of a club” means a person who has become a member of a club as a chartered member or by admission in accordance with the by-laws or rules of the club as approved by the directors of the club, who maintains membership by the payment of regular periodic dues in the manner provided by the by-laws or rules and whose name and address are entered on the list of members supplied to the Minister at the time of application for a club licence or, if the member is admitted after the application is made, forthwith after the admission;(membre d’un club)
“Commission” Repealed: 1974, c.26 (Supp.), s.1
“constable” Repealed: 1989, c.20, s.1
“container” means a bottle, can or any other receptacle containing liquor;(récipient)
“Corporation” means the New Brunswick Liquor Corporation established under the New Brunswick Liquor Corporation Act;(Société)
“dentist” means a person registered and entitled to practice under the New Brunswick Dental Act, 1985;(dentiste)
“dining-room licence” means a dining-room licence issued under this Act and “dining-room licensee” means the person named in a subsisting dining-room licence as the licensee;(licence de salle à manger) et (titulaire d’une licence de salle à manger)
“distiller’s licence” means a distiller’s licence issued under this Act;(licence de distillateur)
“excursion boat” means a boat which is used to transport the public on pleasure excursions;(bateau d’excursion)
“excursion boat licence” and “excursion boat licensee” Repealed: 1989, c.20, s.1
“extended hours licence” means an extended hours licence issued under this Act and “extended hours licensee” means the person named in the subsisting extended hours licence as the licensee;(licence d’ouverture prolongée)et(titulaire d’une licence d’ouverture prolongée)
“ferry boat licence” and “ferry boat licensee” Repealed: 1989, c.20, s.1
“forces canteen” means a mess or canteen operated in connection with a component unit of the Canadian Forces, both regular and reserve, or the Royal Canadian Mounted Police Force, in a camp, armoury, barracks, base, or station, of any one or more of these units or establishments in New Brunswick;(cantine)
“guest” means any person, not otherwise prohibited by this Act from purchasing liquor, who enters club premises accompanied by a member of that club and who departs from the premises with, or prior to, that member;(invité)
“hotel” means a place where the public may, for a consideration, obtain sleeping accommodation, with or without meals;(hôtel)
“in-house brewery licence” means an in-house brewery licence issued under this Act and “in-house brewery licensee” means the person named in a subsisting in-house brewery licence as the licensee;(licence de brasserie-maison) et (titulaire de licence de braisserie-maison)
“inspector” means an inspector appointed under this Act or an inspector exercising the rights and powers and performing the duties of an inspector appointed under an agreement entered into under paragraph 199.1(1)(a);(inspecteur)
“interdicted person” means a person to whom the sale of liquor is prohibited by order under this Act;(personne interdite)
“judge” Repealed: 1992, c.90, s.1
“licence” means a licence issued under this Act and “licensee” means the person named as licensee in a subsisting licence;(licence) et (titulaire d’une licence)
“licensed premises” means the premises in respect of which a licence or permit has been issued and is in force, including any lands and any highway, street, road, lane, alley, way, park, beach or other place of public resort or amusement that are designated in the licence or permit, and includes(établissement titulaire d’une licence)
(a) the part of a train in respect of which a licence has been issued as provided for in section 96,
(b) any location where liquor is served under a catering licence, and
(c) an excursion boat where liquor is served under a special facility licence;
“liquor” includes(boisson alcoolique)
(a) any alcoholic, spirituous, vinous, fermented, malt or other intoxicating liquid or combination of liquids,
(b) any mixed liquid, a part of which is alcoholic, spirituous, vinous, fermented, malt or otherwise intoxicating,
(c) all drinks or drinkable liquids and all preparations or mixtures that are capable of human consumption and intoxicating, and
(d) beer and wine,
but does not include any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt and hops or of any similar products in drinkable water and containing 0.5 per cent or less of proof spirits;
“liquor control officer” Repealed: 1986, c.50, s.1
“liquor store” means a store established by the Corporation for the sale of liquor;(magasin de la Société)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lounge” means the licensed premises specified in a lounge licence, including any area designated as part of the licensed premises by the Minister under section 90.1;(salon-bar)
“lounge licence” means a lounge licence issued under this Act and “lounge licensee” means the person named in a subsisting lounge licence as the licensee;(licence de salon-bar) et (titulaire d’une licence de salon-bar)
“manager” means the appointee of the Corporation in charge of a liquor store;(gérant)
“medical practitioner” means a person registered and entitled to practice under the Medical Act;(médecin)
“Minister” means(Ministre)
(a) subject to paragraph (b), the Minister of Public Safety and includes any person designated by the Minister of Public Safety to act on that Minister’s behalf, and
(b) in respect of specific provisions of this Act and the regulations the administration of which is prescribed under the Executive Council Act as a duty of a Minister other than the Minister of Public Safety, that other Minister and any person designated by that other Minister to act on that other Minister’s behalf;
“municipality” Repealed: 2017, c.20, s.92
“occupant” includes the person in charge of, or having the care or control of, a building or premises;(occupant)
“outfitters licence” and “outfitters licensee” Repealed: 1989, c.20, s.1
“package” Repealed: 2020, c.33, s.1
“peace officer” means (agent de la paix)
(a) a member of the Royal Canadian Mounted Police,
(b) a police officer appointed under section 10, 11 or 17.3 of the Police Act,
(c) an auxiliary police officer or an auxiliary police constable appointed under section 13 of the Police Act when accompanied by or under the supervision of a police officer referred to in paragraph (b) or a member of the Royal Canadian Mounted Police,
(d) an inspector appointed under this Act,
(e) a supernumerary special constable appointed under the Royal Canadian Mounted Police Act (Canada) while acting within the supernumerary special constable’s jurisdiction,
and includes
(f) for the purpose of enforcing sections 132, 133, 134, 136 and subsections 137(1) and (4) in national parks established under the National Parks Act (Canada), any park warden as defined in the National Parks Act (Canada) designated by the Minister under section 161.2, and
(g) any member of the Canadian Forces while engaged in lawful military police duties or in rendering assistance to a lawfully constituted civilian police force;
“permit” means a written authority issued under this Act for the purchase and keeping or consumption, as the case may be, of liquor pursuant to this Act and where the context applies, includes an identification permit, and “permittee” means the person named as permittee in a subsisting permit other than an identification permit;(permis) et (titulaire d’un permis)
“person” includes a partnership, corporation or club;(personne)
“pharmacist” means a pharmaceutical chemist registered and entitled to practice under the Pharmacy Act;(pharmacien)
“prescription” means a memorandum in the form prescribed by the regulations, signed by a medical practitioner, and given by them to a patient for the purpose of obtaining liquor pursuant to this Act for use for medicinal purposes only;(ordonnance)
“provincial analyst” means a provincial analyst appointed under this Act;(analyste provincial)
“public place” includes all or any portion of(lieu public)
(a) any place, building or conveyance to which the public has or is permitted to have access, and
(b) any highway, street, road, lane, alley, way, park, beach or other place of public resort or amusement,
that is not a licensed premises or a portion of a licensed premises;
“regulations” means regulations made under this Act;(règlement)
“residence” means(résidence)
(a) a building or part of a building that is bona fide and actually occupied and used by the owner, lessee or tenant, solely as a private dwelling or as a private guest room in a hotel, motel, auto court, lodging house, or boarding house or in a club,
(b) a building or part of a building, or a trailer, tent, or vessel, that is bona fide and actually occupied and used by the owner, lessee or tenant, solely as a private summer dwelling or as a private dwelling or living place used during vacation periods or as a private hunting or fishing lodge, or
(c) a building or part of a building that is for the time being designated by the Minister in writing as a residence,
together with the lands appurtenant thereto, if any, that are essential or appropriate for the convenient use, occupation and enjoyment thereof as a private dwelling;
“restaurant licence” and “restaurant licensee” Repealed: 1989, c.20, s.1
“sacramental wine vendor’s licence” means a sacramental wine vendor’s licence issued under this Act;(licence de vendeur de vin pour fins du culte)
“sale” and “sell” include(vente) et (vendre)
(a) exchange, barter and traffic, and
(b) the selling or supplying or distributing by any means whatsoever, of liquor or of any liquid known or described as beer or near-beer or by any name whatever commonly used to describe malt or brewed liquor
(i) by any partnership or by any society, association or club, whether incorporated or unincorporated, and whether heretofore or hereafter formed or incorporated, or
(ii) to any partnership, society, association or club or to any member thereof;
“special event” means(événement spécial)
(a) a public event conducted for the advancement of charitable, educational or community objectives,
(b) a public event of provincial, national or international significance or a public event designated by a local government as an event of significance to the local government, or
(c) a public event conducted without the intention of commercial or personal gain or profit;
“special events licence” means a special events licence issued under this Act and “special events licensee” means the person named in a subsisting special events licence as the licensee;(licence pour un événement spécial) et (titulaire d’une licence pour un événement spécial)
“special facility licence” means a special facility licence issued under this Act and “special facility licensee” means the person named in a subsisting special facility licence as the licensee;(licence d’établissement spécial) et (titulaire d’une licence d’établissement spécial)
“tavern licence” and “tavern licensee” Repealed: 1989, c.20, s.1
“trade and convention centre licence” and “trade and convention centre licensee” Repealed: 1989, c.20, s.1
“UVin/UBrew establishment” means an establishment that provides services or equipment for the manufacturing of wine or beer; (brasserie et vinerie libre-service)
“UVin/UBrew licence” means a UVin/UBrew licence issued under this Act and “UVin/UBrew licensee” means the person named in the subsisting UVin/UBrew licence as the licensee;(licence de brasserie et vinerie libre-service) et (titulaire d’une licence brasserie et vinerie libre-service)
“vehicle” means any means of transportation by land, by water, or by air; and includes any motor car, automobile, truck, vessel, boat, launch, canoe or any other thing made use of in any way whatsoever for such transportation;(véhicule)
“veterinary” means a person authorized to practice veterinary science under the New Brunswick Veterinary Association Act, Chapter 114 of 9 George V, 1919;(vétérinaire)
“Vice-Chairman” Repealed: 1992, c.90, s.1
“wine” includes any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar, including honey and milk;(vin)
“winery licence” means a winery licence issued under this Act;(licence de fabricant de vin)
“wine serving licence” means a wine serving licence issued under this Act and “wine serving licensee” means the person named in a subsisting wine serving licence as the licensee.(licence pour servir du vin) et (titulaire d’une licence pour servir du vin)
1961-62, c.3, s.1; 1965, c.25, s.1; 1966, c.76, s.1; 1968, c.35, s.1; 1969, c.17, s.8; 1970, c.29, s.1; 1971, c.43, s.1, 18; 1974, c.26 (Supp.), s.1; 1983, c.47, s.1; 1985, c.57, s.1; 1985, c.73, s.60; 1986, c.50, s.1; 1987, c.6, s.56; 1989, c.20, s.1; 1992, c.90, s.1; 1993, c.67, s.1; 1996, c.18, s.8; 1999, c.30, s.1; 2000, c.26, s.178; 2002, c.33, s.1; 2005, c.7, s.39; 2008, c.57, s.1; 2016, c.37, s.97; 2017, c.20, s.92; 2019, c.2, s.86; 2020, c.25, s.69; 2020, c.33, s.1; 2022, c.28, s.32
ADMINISTRATION
1996, c.37, s.2
Administration
1.1The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.
1992, c.90, s.2
Designation of persons
1.2The Minister may designate any person who has been designated under section 1.1 to issue or renew licences or permits under this Act, to administer any oath and to take and receive any evidence, affidavit or declaration required under this Act or the regulations.
1992, c.90, s.2
I
ORGANIZATION AND ADMINISTRATION
Repealed: 1996, c.37, s.3
1996, c.37, s.3
LIQUOR LICENSING BOARD
Repealed: 1992, c.90, s.3
1992, c.90, s.3
Repealed
2Repealed: 1992, c.90, s.4
1961-62, c.3, s.2; 1974, c.26 (Supp.), s.2; 1982, c.3, s.43; 1983, c.4, s.14; 1983, c.69, s.8; 1992, c.90, s.4
Repealed
3Repealed: 1992, c.90, s.5
1961-62, c.3, s.3; 1974, c.26 (Supp.), s.2; 1979, c.41, s.75; 1983, c.69, s.8; 1992, c.90, s.5
Repealed
4Repealed: 1992, c.90, s.6
1961-62, c.3, s.4; 1974, c.26 (Supp.), s.2; 1992, c.90, s.6
Repealed
5Repealed: 1992, c.90, s.7
1961-62, c.3, s.5; 1974, c.26 (Supp.), s.2; 1983, c.69, s.8; 1992, c.90, s.7
Repealed
6Repealed: 1992, c.90, s.8
1961-62, c.3, s.6; 1974, c.26 (Supp.), s.2; 1983, c.69, s.8; 1992, c.90, s.8
Repealed
7Repealed: 1992, c.90, s.9
1961-62, c.3, s.7; 1974, c.26 (Supp.), s.2; 1985, c.57, s.2; 1986, c.50, s.2; 1989, c.20, s.2; 1990, c.22, s.28; 1992, c.90, s.9
Repealed
8Repealed: 1992, c.90, s.10
1961-62, c.3, s.8; 1971, c.43, s.18; 1974, c.26 (Supp.), s.2; 1989, c.20, s.3; 1992, c.90, s.10
Repealed
9Repealed: 1992, c.90, s.11
1961-62, c.3, s.9; 1971, c.43, s.2, 18; 1973, c.55, s.1; 1974, c.26 (Supp.), s.2; 1992, c.90, s.11
Repealed
10Repealed: 1992, c.90, s.12
1961-62, c.3, s.10; 1968, c.35, s.2; 1974, c.26 (Supp.), s.2; 1992, c.90, s.12
Repealed
11Repealed: 1992, c.90, s.13
1961-62, c.3, s.11; 1974, c.26 (Supp.), s.2; 1991, c.27, s.22; 1992, c.90, s.13
Repealed
11.1Repealed: 1992, c.90, s.14
1983, c.47, s.3; 1992, c.90, s.14
Repealed
12Repealed: 1992, c.90, s.15
1961-62, c.3, s.12; 1974, c.26 (Supp.), s.2; 1983, c.47, s.4; 1985, c.57, s.3; 1986, c.50, s.3; 1989, c.20, s.4; 1992, c.90, s.15
Repealed
13Repealed: 1992, c.90, s.16
1961-62, c.3, s.13; 1971, c.43, s.18; 1974, c.26 (Supp.), s.2; 1992, c.90, s.16
Repealed
13.1Repealed: 1992, c.90, s.17
1984, c.50, s.1; 1992, c.90, s.17
Repealed
14Repealed: 1992, c.90, s.18
1961-62, c.3, s.14; 1971, c.43, s.18; 1974, c.26 (Supp.), s.2; 1982, c.37, s.1; 1984, c.50, s.2; 1985, c.57, s.4; 1989, c.20, s.5; 1992, c.90, s.18
Repealed
15Repealed: 1992, c.90, s.19
1961-62, c.3, s.15; 1971, c.43, s.3; 1974, c.26 (Supp.), s.2; 1983, c.47, s.5; 1992, c.90, s.19
Repealed
16Repealed: 1992, c.90, s.20
1961-62, c.3, s.16; 1971, c.43, s.18; 1974, c.26 (Supp.), s.2; 1992, c.90, s.20
Repealed
16.1Repealed: 1992, c.90, s.21
1983, c.47, s.6; 1985, c.57, s.5; 1992, c.90, s.21
Repealed
17Repealed: 1992, c.90, s.22
1961-62, c.3, s.17; 1974, c.26 (Supp.), s.2; 1975, c.84, s.1; 1992, c.90, s.22
Repealed
18Repealed: 1974, c.26 (Supp.), s.2
1961-62, c.3, s.18; O.C.67-164; 1974, c.26 (Supp.), s.2
Repealed
19Repealed: 1974, c.26 (Supp.), s.2
1961-62, c.3, s.19; 1971, c.43, s.18; 1974, c.26 (Supp.), s.2
Repealed
20Repealed: 1974, c.26 (Supp.), s.2
1961-62, c.3, s.20; 1963 (2nd Sess.), c.27, s.1, 2; 1974, c.26 (Supp.), s.2
Repealed
21Repealed: 1974, c.26 (Supp.), s.2
1961-62, c.3, s.21; O.C.67-164; 1974, c.26 (Supp.), s.2
Repealed
22Repealed: 1974, c.26 (Supp.), s.2
1961-62, c.3, s.22; 1967, c.38, s.2; O.C.67-164; 1974, c.26 (Supp.), s.2
LICENCES AND PERMITS
Repealed: 1992, c.90, s.23
1992, c.90, s.23
Repealed
23Repealed: 1992, c.90, s.24
1961-62, c.3, s.23; 1974, c.26 (Supp.), s.3; 1992, c.90, s.24
Repealed
24Repealed: 1992, c.90, s.25
1961-62, c.3, s.24; 1963 (2nd Sess.), c.27, s.3, 4; 1965, c.25, s.2; 1972, c.5, s.2; 1972, c.43, s.1, 2; 1974, c.26 (Supp.), s.3, 5; 1992, c.90, s.25
LICENSING BOARD
Repealed: 1974, c.26 (Supp.), s.6
1974, c.26 (Supp.), s.6
Repealed
25Repealed: 1974, c.26 (Supp.), s.6
1961-62, c.3, s.25; 1974, c.26 (Supp.), s.6
Repealed
26Repealed: 1974, c.26 (Supp.), s.6
1961-62, c.3, s.26; 1974, c.26 (Supp.), s.6
Repealed
27Repealed: 1974, c.26 (Supp.), s.6
1961-62, c.3, s.27; 1974, c.26 (Supp.), s.6
Repealed
28Repealed: 1974, c.26 (Supp.), s.6
1961-62, c.3, s.28; 1963 (2nd Sess.), c.27, s.5; 1974, c.26 (Supp.), s.6
Repealed
29Repealed: 1974, c.26 (Supp.), s.6
1961-62, c.3, s.29; 1971, c.43, s.4; 1974, c.26 (Supp.), s.6
EXPIRY OF LICENCES AND PERMITS
Repealed: 1992, c.90, s.26
1992, c.90, s.26
Repealed
30Repealed: 1992, c.90, s.27
1961-62, c.3, s.30; 1974, c.26 (Supp.), s.3; 1984, c.50, s.3; 1992, c.90, s.27
ORDERS, NOTICES, ETC.
Repealed: 1992, c.90, s.28
1992, c.90, s.28
Repealed
31Repealed: 1992, c.90, s.29
1961-62, c.3, s.31; 1963 (2nd Sess.), c.27, s.6; 1968, c.35, s.3; 1974, c.26 (Supp.), s.3; 1992, c.90, s.29
PROHIBITED PLACE
Repealed: 1974, c.26 (Supp.), s.7
1974, c.26 (Supp.), s.7
Repealed
32Repealed: 1974, c.26 (Supp.), s.7
1961-62, c.3, s.32; 1974, c.26 (Supp.), s.7
Repealed
33Repealed: 1974, c.26 (Supp.), s.7
1961-62, c.3, s.33; 1974, c.26 (Supp.), s.7
Repealed
34Repealed: 1974, c.26 (Supp.), s.7
1961-62, c.3, s.34; 1963 (2nd Sess.), c.27, s.7; 1967, c.38, s.2; 1974, c.26 (Supp.), s.7
SALE AND POSSESSION OF LIQUOR
1996, c.37, s.4
Having or keeping liquor, sale of liquor
35(1)Nothing in this Act shall be deemed to prevent a brewer or other person duly licensed under the provisions of a statute of Canada for the manufacture of liquor from having or keeping liquor in a place and in the manner authorized by or under any such statute.
35(2)Nothing in this Act prevents the sale of liquor by a person to the Corporation, or the purchase, importation or sale of liquor by the Corporation for the purposes of and in accordance with this Act and the New Brunswick Liquor Corporation Act.
1961-62, c.3, s.35; 1974, c.26 (Supp.), s.8
Home-made wine and beer
36A person not prohibited from having possession of liquor may have in the person’s residence a maximum total of fifty gallons of wine, wine and beer or beer made by the person in the person’s residence, and a person who is not prohibited from consuming liquor may consume that wine or beer in that residence.
1971, c.43, s.5; 1974, c.26 (Supp.), s.3; 1992, c.90, s.30
Exemptions, power to prohibit
37(1)Nothing in this Act shall, by reason only of the fact that they contain alcohol, be deemed to prevent the manufacture, sale, purchase or consumption of
(a) an extract, essence or tincture or other preparation containing alcohol and prepared according to a formula of
(i) the British Pharmacopoeia,
(ii) the United States Pharmacopoeia, or
(iii) a formula approved of by the Minister, or
(b) a proprietary or patent medicine prepared according to a formula approved of by the Minister and in respect of which a licence has been granted to sell the same under the Proprietary or Patent Medicine Act, Chapter P-25 of the Revised Statutes of Canada, 1970.
37(2)If of the opinion that a proprietary or patent medicine, extract, essence, tincture or preparation that contains alcohol, or any other preparation of a solid, semi-solid or liquid nature that contains alcohol, and that, or an extract from which, can be used as a beverage or as the ingredient of a beverage, the Minister, with the approval of the Lieutenant-Governor in Council,
(a) may prohibit the sale thereof by retail within the Province, or may prohibit the possession of the same for sale by retail within the Province, except by a liquor store or by persons duly licensed by the Minister to keep and sell the same by retail in accordance with this Act and the regulations, or
(b) may prohibit the sale thereof within the Province.
37(3)The Minister shall notify the manufacturer or vendor of the proprietary or patent medicine, extract, essence, tincture or preparation of a prohibition made under subsection (2) and from and after the date of the notification a person within the Province selling or keeping for sale any such proprietary or patent medicine, extract, essence, tincture or preparation prohibited as aforesaid is guilty of an offence.
37(4)The publication of a notice of the prohibition in The Royal Gazette is conclusive proof of any notification required under subsection (3).
1961-62, c.3, s.36; 1971, c.43, s.18; 1974, c.26 (Supp.), s.3; 1992, c.90, s.31
SALE OF LIQUOR
Repealed: 1996, c.37, s.5
1996, c.37, s.5
Power of Corporation to sell liquor
38(1)The Corporation may sell to a person who is not prohibited by law from possessing and consuming liquor such liquor as that person is entitled to purchase in conformity with the provisions of this Act and the regulations.
38(2)Where a member, official, or employee of the Corporation is in doubt whether a person applying to purchase liquor is of the full age of nineteen years, and until the applicant produces proof in accordance with section 131.2 that he is of the full age of nineteen years, he shall not be permitted to purchase any liquor from the Corporation.
38(3)The Corporation may sell and deliver liquor in accordance with this Act and the regulations,
(a) to a person who is not prohibited by law from possessing and consuming liquor, and
(b) to a person who is named in a subsisting licence issued pursuant to this Act to keep and sell liquor.
38(4)Repealed: 1992, c.90, s.32
1961-62, c.3, s.37; 1972, c.5, s.2; 1974, c.26 (Supp.), s.4; 1992, c.90, s.32
Purchase of liquor by agent
38.1(1)In this section
“principal” means a person for whom liquor is bought and to whom it is delivered in accordance with subsection (2);(commettant)
“agent” means a person who buys and delivers liquor in accordance with subsection (2).(représentant)
38.1(2)A person who is not prohibited by law from buying, having or consuming liquor may, as an agent, purchase liquor from the Corporation for and deliver the liquor to a principal who is not prohibited by law from buying, having or consuming liquor, whether or not the agent has been paid for the liquor by the principal before the purchase, if
(a) the principal has requested the agent to make the purchase before the purchase takes place,
(b) the agent delivers the liquor directly to the principal after it is purchased, and
(c) the principal pays the agent only the purchase price of the liquor plus a reasonable delivery charge.
1992, c.90, s.33
Sale of liquor on doctor’s prescription
39The Corporation may sell liquor to a person upon the prescription of a medical practitioner given pursuant to this Act, but no more than one sale and one delivery shall be made on any one prescription.
1961-62, c.3, s.38; 1974, c.26 (Supp.), s.4
When liquor stores closed
40(1)No liquor store shall be open for the sale of liquor
(a) except during the hours prescribed by the Corporation,
(b) on any holiday prescribed in the regulations, and
(c) on such other days or during such other periods as the Corporation from time to time prescribes.
40(2)No sale or delivery of liquor shall be made on or from the premises of a liquor store during the time that it is required to be closed for the sale of liquor.
1961-62, c.3, s.39; 1970, c.29, s.2, 3; 1971, c.43, s.18; 1974, c.26 (Supp.), s.4, 9; 1989, c.20, s.6; 1993, c.67, s.2
Person appointed as agent of the Corporation
40.1(1)Notwithstanding any other provision of this Act, the Corporation may, where it believes the public can be better served, appoint upon such terms and conditions as the Corporation considers appropriate a person as an agent of the Corporation to sell liquor on behalf of the Corporation.
40.1(2)The provisions of this Act and the regulations relating to the sale of liquor by the Corporation and to a liquor store established by the Corporation for the sale of liquor apply mutatis mutandis to a person appointed as an agent of the Corporation under subsection (1) and to the premises or that part of the premises used by such person for the purpose of the sale of liquor.
40.1(3)No licence shall be issued under this Act to or for the benefit of a person appointed as an agent of the Corporation under subsection (1) or in respect of any premises in which such person holds an interest.
1989, c.20, s.7
Brewer, wine-maker or distiller appointed as agent of the Corporation
40.2(1)Notwithstanding any other provision of this Act, the Corporation may appoint upon such terms and conditions as the Corporation considers appropriate a brewer, a wine-maker or a distiller who holds a subsisting brewer’s licence issued under this Act, a subsisting winery licence issued under this Act or a subsisting distiller’s licence issued under this Act as an agent of the Corporation to sell on behalf of the Corporation for consumption in a residence, beer, wine or liquor, as the case may be, manufactured by the brewer, the wine-maker or the distiller if such beer, wine or liquor is sold in unopened containers and within the brewery, the winery or the distillery in respect of which the brewer’s licence, the winery licence or the distiller’s licence has been issued.
40.2(1.1)Notwithstanding any other provision of this Act, the Corporation may appoint upon such terms and conditions as the Corporation considers appropriate a wine-maker who holds a subsisting winery licence issued under this Act and who manufactures 100,000 litres of wine or less per year as an agent of the Corporation to sell, on behalf of the Corporation for consumption in a residence, wine manufactured by the wine-maker if such wine is sold in unopened containers at a farmer’s market approved by the Corporation.
40.2(2)The provisions of this Act and the regulations relating to the sale of liquor by the Corporation and to a liquor store established by the Corporation for the sale of liquor apply mutatis mutandis to a brewer, a wine-maker or a distiller appointed as an agent of the Corporation under subsection (1) and to that part of the brewery, the winery or the distillery used by the brewer, the wine-maker or the distiller for the purpose of the sale of beer, wine or liquor.
40.2(2.1)The provisions of this Act and the regulations relating to the sale of liquor by the Corporation and to a liquor store established by the Corporation for the sale of liquor apply mutatis mutandis to a wine-maker appointed as an agent of the Corporation under subsection (1.1) and to that part of a farmer’s market used by the wine-maker for the purpose of the sale of wine.
40.2(3)A brewer, a wine-maker or a distiller appointed as an agent of the Corporation under subsection (1) or (1.1), as the case may be, shall in the returns referred to in subsections 114(1) and 115(1) differentiate between the amount of the sales of beer, wine or liquor as an agent of the Corporation and the amount of the sales of beer, wine or liquor to the Corporation.
40.2(4)Subsection 141(1) does not apply to a brewer, a wine-maker or a distiller appointed as an agent of the Corporation under subsection (1) or (1.1), as the case may be.
1989, c.20, s.7; 1990, c.33, s.1; 1993, c.67, s.3; 2005, c.26, s.1; 2020, c.33, s.2
CONVEYANCE OF LIQUOR
Carrying or conveying liquor
41(1)It is lawful to carry or convey liquor to a liquor store and to and from a warehouse or depot established by the Corporation for the purposes of this Act.
41(2)A common carrier or other person may, when permitted to do so by this Act and the regulations and in accordance therewith, carry or convey
(a) liquor sold at a liquor store or warehouse,
(b) liquor ordered or purchased by the Corporation, and
(c) liquor to or from premises where the liquor may be lawfully kept and sold,
to a place to which it may be lawfully delivered under this Act and the regulations thereunder.
41(3)No common carrier or any other person shall open or break or allow the opening or breaking of a container containing liquor, or drink or use or allow the drinking or use of any liquor therefrom, while the liquor is being carried or conveyed.
41(4)Whether or not the container containing liquor is opened or the seal on any such container is broken, a bona fide traveller may carry on transport in the Province any liquor that he may lawfully have and consume in a residence, if the container containing the liquor is carried or transported in the traveller’s luggage with his clothing and other necessities of travel.
41(4.1)For the purposes of subsection (5.01), if liquor is conveyed in a vehicle, the liquor shall be stored in a space, if any, designed for the carriage of goods or baggage and shall not be readily accessible to the driver or any passenger in the vehicle.
41(5)Subject to this Act and the regulations, when liquor is contained in an unopened container and the seal, if any, on the container is unbroken, a person who is permitted by law to possess and consume liquor within the Province may carry or convey that liquor to the person’s residence or to any residence in which the person is permitted by this Act to possess, have and consume liquor if the liquor was
(a) purchased lawfully by the person within the Province,
(b) brought lawfully by the person into the Province, or
(c) received by the person in good faith as a gift.
41(5.01)Subject to this Act and the regulations, when liquor is contained in its original container and the container has been opened and the seal, if any, on the container is broken, a person who is permitted by law to possess and consume liquor within the Province may carry or convey that liquor to the person’s residence or to any residence in which the person is permitted by this Act to possess, have and consume liquor if 
(a) the liquor was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift, and
(b) the container has been closed.
41(5.1)Subject to this Act and the regulations, a person who is of the full age of nineteen years may carry or convey for that person one container that holds no more than 750 ml of wine or, for a group of persons who are the full age of nineteen years, one or more containers that hold no more than 750 ml of wine per person in that group, into the licensed premises or an area referred to in subsection 89.1(3) of a wine serving licensee who permits patrons to take wine into the licensed premises or area for consumption with a meal, if
(a) the wine was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift,
(b) the wine was manufactured
(i) in the Province, by the holder of a winery licence, or
(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,
(c) the container bears the label of the winery licensee or the enterprise or a label provided by the Corporation,
(d) the wine is contained in an unopened container and the seal, if any, on the container is unbroken, and
(e) subject to this Act, the wine is consumed by the person and by other patrons with a meal in the licensed premises or area.
41(6)A person who is under the age of nineteen years and who is a bona fide traveller in transit to another province of Canada may convey liquor through the Province in his luggage with his clothing and other necessities of travel if
(a) the seal on the container containing the liquor is not broken and the container is marked or stamped by a customs officer for Canada, and
(b) he has possession of a certificate of the customs officer who has marked or stamped the container certifying that the liquor has been lawfully imported into Canada and that, to the best of his knowledge and belief, the person in possession of the liquor therein described is in transit to a province of Canada under the laws of which the person would not be prohibited from having possession of liquor on account of his age.
1961-62, c.3, s.40; 1968, c.35, s.4; 1969, c.49, s.1; 1971, c.43, s.18; 1972, c.5, s.2; 1972, c.43, s.3; 1974, c.26 (Supp.), s.4; 1999, c.30, s.2; 2020, c.33, s.3
Gift of liquor
42Subject to section 141, a person may make or receive a bona fide gift of liquor,
(a) if the donor is in lawful possession of the liquor, and
(b) if the donee is not a person who is prohibited from possessing or consuming liquor under this Act.
1961-62, c.3, s.41; 2020, c.33, s.4
Restrictions on gifts of liquor
42.1(1)No dining-room licensee, lounge licensee, special facility licensee, special events licensee, club licensee and no employee or agent of any such licensee, shall make, or offer to make, a gift of liquor or give liquor to any person on the licensed premises and where applicable, on premises to which a licence extension under section 63.02 relates or in an area adjacent to and outside of a dining-room, lounge or special facility.
42.1(2)Subsection (1) does not apply
(a) to a club licensee under section 110,
(b) to an in-house brewery licensee, or
(c) where the giving of specified quantities of liquor at prescribed periods of time is permitted under the regulations.
1999, c.35, s.1; 2002, c.33, s.2
Consumption of liquor in residence or on train
43A person who is not prohibited by law from having or consuming liquor may have and consume in a residence or in a roomette, duplex roomette, compartment, bedroom or drawing room occupied by them in a train, but not in a public place except when authorized under a permit,
(a) any liquor that has lawfully been acquired by them under this Act from the Corporation,
(b) liquor not in excess of one container or beer not in excess of twelve pints or 6.8 L purchased outside Canada by them or by the person from whom they in good faith received it as a gift, or
(c) liquor not in excess of one container or beer not in excess of twelve pints or 6.8 L purchased outside New Brunswick from a liquor commission, board or similar body in any province or territory of Canada by them or by the person from whom they in good faith received it as a gift.
1961-62, c.3, s.42; 1974, c.26 (Supp.), s.4; 2020, c.33, s.5
II
PERMITS TO PURCHASE AND
HAVE LIQUOR
Classifications of permit
44There shall be the following classes of permits under this Act:
(a) identification permit,
(b) special permit, and
(c) special occasion permit.
1961-62, c.3, s.43
Identification permit
45(1)An individual of the full age of nineteen years who is not prohibited by law from possessing or consuming liquor may apply in accordance with this section to the Minister and obtain therefrom an identification permit certifying that the applicant is not prohibited by reason of age from purchasing liquor.
45(2)The applicant shall submit to the Minister with his application,
(a) two recent photographs in passport size of himself,
(b) a statutory declaration identifying the photographs and verifying such of the facts as are required to be stated in the form prescribed, and
(c) such documents as may be prescribed.
45(3)Identification permits issued pursuant to this Act shall contain a photograph and specimen signature of the holder thereof and the permit shall be stamped by the Minister so that part of the stamping appears across the photograph and the remainder appears on the permit.
45(4)Nothing in this section requires that every person desiring to purchase liquor shall obtain an identification permit under this Part, but in every case the onus shall be on the person desiring to purchase liquor to show that he is not prohibited by reason of age from purchasing liquor.
45(5)No person shall lend an identification permit issued to him under this Act to any other person and no person shall display or represent as one’s own an identification permit issued under this Act that was not issued to him.
45(6)No person shall use false documents or a document identifying any other person for the purposes of applying for and obtaining an identification permit under this section.
45(7)No person shall allow the use of a document identifying such person by any other person for the purposes of applying for and obtaining an identification permit under this section.
1961-62, c.3, s.44; 1963 (2nd Sess.), c.27, s.8; 1968, c.35, s.5; 1972, c.5, s.2; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.8; 1992, c.90, s.34; 1993, c.67, s.4
Special permit
46A special permit entitling the applicant to purchase liquor for the purpose named in the special permit and in accordance with the terms and provisions of the special permit and with the provisions of this Act and the regulations may be granted to
(a) a pharmacist, medical practitioner, dentist or veterinary,
(b) a person engaged within the Province in a mechanical or manufacturing business, in scientific pursuits or in the preparation of food in a place other than a residence, and requiring liquor for use therein, and
(c) a person in charge of an institution regularly conducted as a hospital facility or sanatorium for the care of persons in ill health or of a home devoted exclusively to the care of aged people, or to his agent.
1961-62, c.3, s.45; 1968, c.35, s.6; 1983, c.47, s.7; 1992, c.52, s.18
Special occasion permit
47A special occasion permit entitling the applicant to purchase liquor for the purpose named in the permit and in accordance with the terms and provisions of the permit and of this Act and the regulations may be granted when authorized by the regulations.
1961-62, c.3, s.46; 1983, c.47, s.7
Effect of special occasion permit
48If authorized by the Minister and if it is so stated in the special occasion permit, the holder of a special occasion permit may sell to guests in the premises specified in the permit the liquor lawfully purchased by him under the permit, for consumption by them only in those premises, if the price to be charged to the purchaser thereof is approved by the Minister and stated in the permit and is sufficient only to return to the permittee the cost of the liquor so purchased and a further amount sufficient only to pay for the cost of transporting and serving the liquor.
1961-62, c.3, s.47; 1974, c.26 (Supp.), s.3; 1992, c.90, s.35
Issuance of permit and conditions, transferability and use of permit
49(1)A special or other permit shall be issued in the name of the applicant therefor.
49(1.1)The Minister shall, in determining whether a permit will be issued, consider whether the applicant will provide a proper service.
49(1.2)The Minister may attach conditions to a permit issued under this Act.
49(2)No special or other permit is transferable.
49(3)No holder of a special permit or other permit shall allow any other person to use it.
1961-62, c.3, s.48; 1992, c.90, s.36
Special permit respecting preparation of food
50The holder of a special permit for the purchase of liquor for use in the preparation of food shall have and use only liquor purchased from the Corporation by his written order, or the written order of the person in charge, on order forms supplied by the Corporation and may keep the liquor so purchased only in that part of his premises specified in the permit or as may be allowed by the Minister and shall use the liquor only in the preparation of food.
1968, c.35, s.7; 1974, c.26 (Supp.), s.10; 1992, c.90, s.37
Special permit of pharmacist
51A pharmacist may have in his possession alcohol purchased by him under a special permit pursuant to this Act, but the alcohol shall be used solely in connection with the business of the pharmacist in compounding medicines or as a solvent or preservative.
1961-62, c.3, s.49
Use of liquor by medical practitioner
52A medical practitioner who deems liquor necessary for the health of a patient of his whom he has seen or visited professionally may give to the patient a prescription therefor signed by the medical practitioner, or administer the liquor to the patient.
1961-62, c.3, s.50; 1983, c.47, s.7
Offence committed by medical practitioner
53A medical practitioner is guilty of an offence,
(a) who gives a prescription or administers any liquor in evasion or violation of this Act, and
(b) who gives to or writes for a person a prescription for or including liquor for the purpose of enabling or assisting a person
(i) to evade any of the provisions of this Act, or
(ii) to obtain liquor to be used as a beverage, or to be sold or disposed of in a manner in violation of the provisions of this Act.
1961-62, c.3, s.51
Use of liquor by dentist
54(1)A dentist who deems it necessary that a patient being then under treatment by him should be supplied with liquor as a stimulant or restorative may administer to the patient the liquor so needed and may charge for the liquor so administered.
54(2)No liquor shall be administered by a dentist except to a bona fide patient in case of actual need.
1961-62, c.3, s.52
Repealed
55Repealed: 1990, c.61, s.72
1961-62, c.3, s.53; 1990, c.61, s.72
Use of liquor by veterinary
56A veterinary who deems it necessary in the course of his practice may administer or cause to be administered liquor to an animal, and may charge for the liquor so administered, or caused to be administered.
1961-62, c.3, s.54
Repealed
57Repealed: 1990, c.61, s.72
1961-62, c.3, s.55; 1990, c.61, s.72
Use of liquor by hospital, sanatorium or old age home
58(1)A person in charge of an institution regularly conducted as
(a) a hospital facility or sanatorium for the care of persons in ill health, or
(b) a home devoted exclusively to the care of aged people,
may administer or cause to be administered liquor to a patient or inmate of the institution who is in need of the same, either by way of external application or otherwise for emergency medicinal purposes and may charge for the liquor so administered or caused to be administered.
58(2)No liquor shall be administered or caused to be administered by a person under this section except to bona fide patients or inmates of the institution and in cases of actual need.
1961-62, c.3, s.56; 1992, c.52, s.18
Repealed
59Repealed: 1990, c.61, s.72
1961-62, c.3, s.57; 1990, c.61, s.72
Use of sacramental wine by clergyman
60A clergyman, priest or minister of any religious body or church may have in his possession wine purchased for sacramental purposes; but any such person so having in his possession that liquor shall not use or consume, or allow to be used or consumed, any of the liquor as a beverage.
1961-62, c.3, s.58
Authorization of sale or purchase of sacramental wine
61The Minister may authorize any person to sell, or purchase and sell, wine for sacramental purposes to any of the persons mentioned in section 60 and may
(a) establish a fee in connection with the sale,
(b) require records to be kept, and
(c) require returns to be made to the Minister.
1963 (2nd Sess.), c.27, s.9; 1974, c.26 (Supp.), s.3; 1992, c.90, s.38
Repealed
62Repealed: 1977, c.31, s.1
1961-62, c.3, s.59; 1977, c.31, s.1
III
LICENCES
Classes of licences
63The classes of licences under this Act are:
(a) Repealed: 2008, c.57, s.2
(b) a dining-room licence;
(b.1) a wine serving licence;
(c) a lounge licence;
(d) a special facility licence issued in accordance with subsection 99.1(1);
(e) a special facility licence issued in accordance with subsection 99.1(4) or (7);
(f) a special events licence;
(f.1) an extended hours licence;
(g) a club licence issued in respect of a club other than a forces canteen;
(h) a club licence issued in respect of a forces canteen;
(i) a catering licence;
(j) an in-house brewery licence;
(k) a brewer’s licence;
(l) a distiller’s licence or a winery licence as provided for in section 123;
(l.1) a UVin/UBrew licence; and
(m) a sacramental wine vendor’s licence.
1961-62, c.3, s.60; 1965, c.25, s.3; 1968, c.35, s.8; 1970, c.29, s.4; 1971, c.43, s.6; 1972, c.43, s.4; 1973, c.55, s.2; 1974, c.26 (Supp.), s.3; 1983, c.47, s.8; 1985, c.57, s.6; 1989, c.20, s.9; 1993, c.67, s.5; 1999, c.30, s.3; 2008, c.57, s.2
Licences to provide live entertainment
63.01(1)No licensee who holds a licence of a class referred to in paragraph 63(b), (c), (d), (g) or (j) shall by himself or by his partner, employee or agent provide or make available live entertainment within premises in respect of which his licence is issued unless he holds a licence issued under this section.
63.01(2)Repealed: 1990, c.61, s.72
63.01(3)Upon application, upon payment of the prescribed fee and upon compliance with this Act and the regulations, the Minister may issue to the holder of a licence of a class referred to in paragraph 63(b), (c), (d), (g) or (j) a licence to provide live entertainment in a licensed premises or a portion of a licensed premises.
63.01(4)An application for a licence under this section may be combined with an application for a licence of a class referred to in paragraph 63(b), (c), (d), (g) or (j) and all notices, hearings and other proceedings with respect to the two licences may, subject to the approval of and directions from the Minister, be combined.
63.01(5)In attaching conditions to a licence issued under this section the Minister may regulate and restrict the nature and conduct of live entertainment and may prohibit specified kinds of live entertainment.
63.01(6)This section applies only to licensees whose licences of a class referred to in paragraph 63(b), (c), (d), (g) or (j) are issued or renewed after the coming into force of this section.
1983, c.47, s.9; 1989, c.20, s.10; 1990, c.61, s.72; 1992, c.90, s.39; 1999, c.30, s.4
Licence extensions
63.02(1)Notwithstanding any other provision of this Act or the regulations, upon application, upon payment of the prescribed fee and upon compliance with this Act and the regulations, the Minister may extend a licence of a class referred to in paragraph 63(b), (c) or (d) to authorize the licensee to serve liquor in accordance with this section
(a) in premises that are not adjacent to the licensed premises in respect of which the original licence was issued,
(b) in relation to the holding of a special event stipulated on the licence extension, and
(c) during the period stipulated on the licence extension.
63.02(2)An applicant for a licence extension shall provide with the application
(a) if the premises to which the application relates are situated on lands that are not owned by the licensee, the written permission for the proposed use given by the true owner of the lands or, if the lands are a public place, by the authority having jurisdiction over the lands, as the case may be, and
(b) such other documentation, information, descriptions or plans as the Minister may require.
63.02(3)The Minister may impose on a licence extension any terms and conditions the Minister considers appropriate.
63.02(4)During the period when a licence extension under this section is valid
(a) the premises to which the extension relates shall be deemed to be part of the licensed premises of the licensee, and
(b) the licensee has the same authority to serve liquor in the premises to which the licence extension relates as the licensee has under the licensee’s original licence, subject to all of the requirements, terms and conditions imposed under this Act and the regulations on the licence extension and on the original licence.
1996, c.37, s.9
Repealed
63.1Repealed: 1992, c.90, s.40
1974, c.26 (Supp.), s.11; 1992, c.90, s.40
Issuance of licence
64A licence of a class referred to in paragraph 63(b), (b.1), (c), (d), (g), (j) or (l.1) shall be issued only to
(a) a resident in Canada on the date of the application,
(b) a partnership of which each of the partners is qualified as provided in paragraph (a),
(c) a railway corporation in respect of its hotels, trains or resort golf club houses,
(d) a corporation that owns and operates hotels in connection with a railway and more than half of the stock of which is owned by a railway corporation, or
(e) any other corporation that is incorporated or authorized to carry on its business in New Brunswick under the laws of New Brunswick if
(i) a majority of the directors,
(ii) the person or persons holding a majority ownership interest, and
(iii) the officer or agent who is in charge of the premises to be licensed
are personally qualified under paragraph (a).
1961-62, c.3, s.61; 1972, c.5, s.2; 1985, c.57, s.7; 1989, c.20, s.11; 1992, c.90, s.41; 1999, c.30, s.5; 2008, c.57, s.3
Non-issuance of licence to brewer, distiller or wine-maker
65(1)No application for a licence, other than a brewer’s licence, a distiller’s licence or a winery licence, shall be granted in respect of any premises if, in the opinion of the Minister, a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, has
(a) acquired a direct, indirect or contingent interest in the ownership or management of the business to which the application relates, in its property, whether freehold or leasehold, or in its chattels or equipment, or
(b) assisted the applicant financially in any way, other than by paying for advertising of liquor, directly or indirectly, or advertising of an event associated with the premises.
65(2)If a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewery, distillery or winery becomes the owner or operator of or acquires an interest in licensed premises or in the chattels, equipment or land used in connection with the premises, the licence, other than the respective brewer’s licence, distiller’s licence or winery licence, shall immediately be void.
65(3)No licensee shall, directly or through a partner, employee or agent of the licensee, sell or keep liquor for sale on premises owned or operated by a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, or on premises in which any such person holds an interest.
65(4)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the Minister so orders on being satisfied that the interest of the brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker is not likely to promote the sale of liquor manufactured by the brewer, distiller or wine-maker.
65(5)Repealed: 2020, c.33, s.6
65(6)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the brewer, distiller, or wine-maker in question holds a lounge licence or a special facility licence in respect of the premises in question.
1961-62, c.3, s.62; 1974, c.26 (Supp.), s.3; 1977, c.31, s.2; 1992, c.90, s.42; 1994, c.100, s.1; 1996, c.37, s.31; 2020, c.33, s.6
LIMITATIONS ON LICENCES
Scope of licences
66(1)Subject to this section, in respect of renewals, a licence of any of the classes authorized by this Part shall be held to be a licence only to the person named in the licence and for the premises mentioned in the licence, and remains valid only as long as
(a) subject to paragraph (b), that person continues to be the true owner or the lessee of the premises and the true owner or the operator of the business carried on by that person in the premises, and
(b) if the business is carried on in a premises or a portion of a premises of which the licensee is not the true owner or the lessee, that person continues to have the written permission of the true owner or, if the premises or portion was in a public place before the issue of the licence, of the authority having jurisdiction over it, to operate the business on it.
66(2)Subject to subsections (3) and (4), a licence becomes ipso facto forfeited and void if
(a) the licensee dies before the expiration of the licence,
(b) the licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest in the business, or
(c) the licensee becomes dispossessed of the business by bankruptcy or operation of law.
66(2.1)Where a licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest of the business in respect of which the licence was issued, that licensee and the person who acquires more than fifty percent interest in the business shall immediately so notify the Minister.
66(3)Where a licensee notifies the Minister in writing that he intends to discontinue the business in respect of which the licence was granted, the Minister may cancel the licence as of the date indicated by the licensee as the date of discontinuance of the business.
66(4)In a case to which subsection (2) applies, the Minister may, if it seems to the Minister proper to do so, give written permission for the carrying on of business under any such licence in the premises specified in the written permission by any person who appears to be entitled to the benefit thereof as assignee, purchaser or trustee in bankruptcy or otherwise by operation of law, but the permission shall not extend beyond the period of six months from the happening of the event from which the forfeiture of the licence would result, and the permission shall only entitle the person to whom it is granted to the benefit of the licence according to the terms of the permission.
66(5)Subject to subsection (6), a person claiming the benefit of a licence under subsection (4) may, within the period of six months, apply to the Minister for a licence in respect of the same or other premises and the Minister shall consider the application in the same manner as the Minister would consider an application for a licence for the first time.
66(6)When a licence becomes void through the death of a licensee, the Minister may pay to the personal representative of the deceased licensee a proportionate part of the annual licence fee for the unexpired portion of the licence year and may allow a new licensee in respect of the same premises a credit on his licence fee, for that licence year, of the amount of the expired portion, and, pending the consideration of the application of a new licensee, may issue to him an interim licence for such period, additional to the period provided in subsection (4), as the Minister may in writing permit.
1961-62, c.3, s.63; 1971, c.43, s.7; 1972, c.43, s.5, 6; 1974, c.26 (Supp.), s.3; 1985, c.57, s.8; 1992, c.90, s.43; 1999, c.30, s.6; 2002, c.33, s.3
Corporation or partnership as licensee
67(1)A corporation may become a licensee under this Act, and in such a case anything required by this Act to be done by any person as licensee, whether prior to or after the granting of a licence, may be done, in the name of the corporation, by the officer or agent of the corporation in charge of the particular premises for which the licence is to be or has been granted.
67(2)Where two or more persons are carrying on business in the same name, a licence may be issued in the name of a partnership registered under the Partnerships and Business Names Registration Act; but every member of the partnership shall prima facie be deemed a party to any offence against any provision of this Act committed in the licensed premises mentioned in the licence, and is personally liable to the penalties prescribed for the offence as a principal offender, but nothing in this section relieves the partnership, or the person who actually committed the offence, from liability therefor.
67(3)Where a corporation or partnership has more than one place of business, a separate licence is required in every separate place of business.
1961-62, c.3, s.64; 1985, c.4, s.38; 1996, c.33, s.1
Refusal of licence, disqualification of licensee, conflict of interests
68(1)The Minister shall refuse to entertain an application for a licence by an applicant who has been refused a licence at any time or in any place, within a period of one year after the last of the refusals.
68(1.01)The Minister shall refuse to entertain an application for a licence by an applicant if the Minister is of the opinion that the applicant has adopted any means to evade the law in respect of that application and shall not reconsider a further application from that applicant within a period of one year after that refusal.
68(1.02)The Minister may, in the Minister’s discretion, re-open and reconsider an application that has been refused.
68(1.1)Notwithstanding subsection (1), if an applicant for a licence has been refused the licence for reasons based solely on the location of the premises in respect of which the application was made, an application by the applicant in respect of differently located premises may be entertained by the Minister within the one-year period referred to in subsection (1).
68(2)Notwithstanding any other provision of this Act, if the Minister has reasonable and probable grounds to believe that a licensee during the term of the licensee’s licence has ceased to meet the requirements and qualifications that that licensee was required to meet in order for the licence to be issued, the Minister shall, after giving the licensee notice to that effect and without a hearing, forthwith cancel the licence.
68(3)The Minister shall not issue a licence to or for the benefit of a person who is a member or an employee of the Corporation, an employee under the Civil Service Act who carries out duties in relation to the issuance or renewal of licences or permits or to inspections or the Adjudicator, and shall not issue a licence in respect of premises the owner or part owner of which, or of any interest in which, is such a person and no person who is a member or an employee of the Corporation or an employee under the Civil Service Act who carries out duties in relation to the issuance or renewal of licences or permits or to inspections and no Adjudicator shall knowingly recommend the issue or be a party to the issue of a licence in any such case.
1961-62, c.3, s.65; 1971, c.43, s.8; 1974, c.26 (Supp.), s.3; 12; 1989, c.20, s.12; 1992, c.90, s.44
PRELIMINARIES TO ISSUE
Conditions re issuance of licence, application
69(1)No licence of a class referred to in paragraph 63(b), (b.1), (c), (d), (g) or (j) and no licence under section 63.01 shall be issued to a person unless
(a) the person has filed an application for the licence along with the affidavit required in subsection (4) with the Minister within the prescribed time,
(b) the person is of the full age of nineteen years and is not otherwise disqualified under this Act from having or consuming liquor,
(c) except in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with
(i) the written approval for the carrying on of the proposed business in the proposed premises of
(A) the Minister of Health, and
(B) the fire marshall for the local government in which the premises is situated or the designate of the fire marshall,
(ii) if the premises is situated in a local government, a written statement in accordance with subsection (1.1) that the carrying on of the proposed business in the proposed premises is in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the Community Planning Act, and
(iii) if the premises is not situated in a local government, the written approval for the carrying on of the proposed business in the proposed premises of the authority having jurisdiction over the area in which the premises is situated,
(c.1) in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with proof that the business is an approved business in accordance with the regulations,
(d) the Minister, in the Minister’s absolute discretion, considers that the applicant is a fit and proper person to keep and operate the kind of premises in respect of which the licence is sought, and
(e) the person has not been convicted within five years preceding the application for the licence of a violation of
(i) section 132,
(ii) the Excise Act (Canada), the Excise Act, 2001 (Canada) or the Customs Act (Canada), with respect to offences relating to liquor,
(iii) the Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act,
(iii.1) the Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, and
(iii.2) the Cannabis Act (Canada) or the Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis, as that term is defined in the Cannabis Act (Canada),
(iv) Repealed: 2020, c.33, s.7
and is not otherwise disqualified under this Act or the regulations and has complied with the requirements of this Act and the regulations.
69(1.01)A UVin/UBrew licence shall not be issued to a person who has been convicted within 5 years preceding the application for the licence of an offence under
(a) section 132,
(b) the Excise Act (Canada), the Excise Act, 2001 (Canada) or the Customs Act (Canada), with respect to liquor,
(c) the Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act,
(c.1) the Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, or
(c.2) the Cannabis Act (Canada) or the Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis as that term is defined in the Cannabis Act (Canada).
(d) Repealed: 2020, c.33, s.7
69(1.1)If a person applying for a licence is required to provide the Minister with a written statement under subparagraph (1)(c)(ii), the Minister shall accept a letter purporting to be signed by the development officer, the planning director or another appropriate official of the local government in which the proposed premises is situated, stating that the proposed business and the proposed premises are in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the Community Planning Act.
69(1.2)A letter provided under subsection (1.1) is prima facie proof of its contents and of the authority of the person signing it without proof of the person’s appointment or signature.
69(2)Repealed: 1992, c.90, s.45
69(3)Repealed: 1992, c.90, s.45
69(4)The application of a natural person for a licence shall be accompanied by the affidavit of the applicant verifying the correctness of the statements in the application.
69(5)The application shall
(a) state the name and address of the true owner of the premises,
(b) if all or any portion of the premises is in a public place, state the name of the authority having jurisdiction over the public place,
(c) contain a description of that part of the premises in respect of which the applicant desires a licence, and
(d) set forth such other documentation, information, descriptions or plans, as may be required by the regulations or the Minister, of that part of the premises in which it is proposed
(i) in the case of a wine serving licence, to serve wine, or
(ii) in the case of any other licence, to keep and sell liquor.
69(6)Repealed: 1992, c.90, s.45
69(7)Repealed: 1992, c.90, s.45
69(8)No licence shall be issued to an applicant
(a) who is not the true owner or the operator of the business carried on by the applicant in the licensed premises, or
(b) in respect of premises or a portion of premises situated on lands of which the applicant is not the owner or the lessee, unless
(i) the true owner of the lands has given written permission, or
(ii) if the premises or portion is situated in a public place, the authority having jurisdiction over the public place has given written permission.
69(9)Repealed: 1992, c.90, s.45
1961-62, c.3, s.66; 1970, c.29, s.5; 1974, c.26 (Supp.), s.3, 13; 1975, c.84, s.2; 1983, c.4, s.14; 1983, c.47, s.10; 1984, c.50, s.4; 1985, c.57, s.9; 1986, c.50, s.4; 1989, c.20, s.13; 1992, c.90, s.45; 1993, c.67, s.6; 1994, c.95, s.48; 1999, c.30, s.7; 2000, c.26, s.178; 2005, c.7, s.39; 2006, c.16, s.101; 2008, c.57, s.4; 2017, c.20, s.92; 2020, c.33, s.7
Licence respecting premises being relocated, repaired, reconstructed or expanded
70(1)A licensee, other than a UVin/UBrew licensee, whose licensed premises is to be relocated to a new premises, repaired, reconstructed or expanded shall notify the Minister in writing before the relocation, repair, reconstruction or expansion commences and shall provide the Minister with such documentation, information, descriptions or plans as the Minister requires.
70(2)The Minister may amend the description of the licensed premises in the licence of a licensee who has given notice under subsection (1) if satisfied that the licensed premises will be in compliance with the Act, the regulations and any conditions attached to the licence when the proposed relocation or work is completed.
1961-62, c.3, s.67; 1974, c.26 (Supp.), s.3; 1985, c.57, s.10; 1986, c.50, s.5; 1992, c.90, s.46; 2008, c.57, s.5
Repealed
71Repealed: 1992, c.90, s.47
1974, c.26 (Supp.), s.14; 1979, c.41, s.75; 1983, c.47, s.11; 1985, c.4, s.38; 1992, c.90, s.47
Issuance of licence, conditions, cancellation
72(1)The Minister, upon receipt of the prescribed fee and upon being satisfied that all the requirements of this Act and the regulations have been complied with, including those that relate specifically to the class of licence applied for, may issue the licence to which an application relates.
72(2)The Minister may attach conditions to a licence under this Act.
72(3)The Minister may issue a licence under this Act notwithstanding that a requirement under this Act or the regulations has not been met in respect of the licence, if the Minister attaches to the licence a condition that the requirement be met within a period of time stipulated in the licence.
72(4)Notwithstanding any other provision of this Act, the Minister may cancel a licence issued under subsection (3) forthwith if the requirement is not met within the stipulated period.
1961-62, c.3, s.69; 1974, c.26 (Supp.), s.14; 1992, c.90, s.48
Condition of licence respecting Smoke-free Places Act
72.1(1)It is a condition of every licence of a class referred to in paragraphs 63(b), (b.1), (c), (d), (e), (g), (h), (i) and (j) that the licensee comply with section 6, subsection 7(1) and section 8 of the Smoke-free Places Act within the premises in respect of which the licence has been issued.
72.1(2)The condition stated in subsection (1) applies to a licence described in subsection (1) whether issued or renewed before or after the commencement of this section.
2005, c.9, s.1; 2008, c.57, s.6; 2011, c.20, s.18
Condition of licence respecting Gaming Control Act
72.2(1)It is a condition of every licence issued under this Act that the licensee comply with section 33 of the Gaming Control Act within the premises in respect of which his or her licence has been issued.
72.2(2)The condition applies to every licence whether the licence was issued or renewed before or after the commencement of this section.
2008, c.57, s.7
TAVERN LICENCE
Repealed: 1989, c.20, s.14
1989, c.20, s.14
Repealed
73Repealed: 1989, c.20, s.15
1961-62, c.3, s.70; 1970, c.29, s.6; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.15
Repealed
74Repealed: 1989, c.20, s.16
1961-62, c.3, s.71; 1974, c.26 (Supp.), s.3; 1989, c.20, s.16
Repealed
75Repealed: 1989, c.20, s.17
1961-62, c.3, s.72; 1963 (2nd Sess.), c.27, s.10; 1974, c.26 (Supp.), s.15; 1989, c.20, s.17
BEVERAGE ROOM LICENCE
Repealed: 1996, c.37, s.12
1984, c.50, s.5; 1989, c.20, s.18; 1996, c.37, s.12
Repealed
76Repealed: 1996, c.37, s.13
1961-62, c.3, s.73; 1984, c.50, s.6; 1989, c.20, s.19; 1996, c.37, s.13
Repealed
77Repealed: 1987, c.34, s.1
1961-62, c.3, s.74; 1984, c.50, s.7; 1987, c.34, s.1
Repealed
78Repealed: 1996, c.37, s.14
1961-62, c.3, s.75; 1984, c.50, s.8; 1989, c.20, s.20; 1992, c.90, s.49; 1996, c.37, s.14
Repealed
79Repealed: 1996, c.37, s.15
1961-62, c.3, s.76; 1972, c.5, s.2; 1984, c.50, s.9; 1989, c.20, s.21; 1996, c.37, s.15
Repealed
80Repealed: 1996, c.37, s.16
1961-62, c.3, s.77; 1972, c.5, s.2; 1974, c.26 (Supp.), s.16; 1984, c.50, s.10; 1989, c.20, s.22; 1993, c.67, s.7; 1996, c.37, s.16
Repealed
81Repealed: 1992, c.90, s.50
1961-62, c.3, s.78; 1974, c.26 (Supp.), s.3; 1984, c.50, s.11; 1989, c.20, s.23; 1992, c.90, s.50
Repealed
82Repealed: 1989, c.20, s.24
1961-62, c.3, s.79; 1974, c.26 (Supp.), s.3; 1984, c.50, s.12; 1989, c.20, s.24
Repealed
83Repealed: 1992, c.90, s.51
1970, c.29, s.7; 1971, c.43, s.9; 1973, c.55, s.3; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.25; 1992, c.90, s.51
Repealed
84Repealed: 1996, c.37, s.17
1970, c.29, s.7; 1971, c.43, s.10; 1973, c.55, s.4; 1974, c.26 (Supp.), s.4; 1989, c.20, s.26; 1992, c.90, s.52; 1996, c.37, s.17
RESTAURANT LICENCE
Repealed: 1989, c.20, s.27
1989, c.20, s.27
Repealed
85Repealed: 1989, c.20, s.28
1961-62, c.3, s.80; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.28
Repealed
86Repealed: 1989, c.20, s.29
1961-62, c.3, s.81; 1972, c.5, s.2; 1972, c.43, s.7; 1974, c.26 (Supp.), s.4; 1989, c.20, s.29
Repealed
87Repealed: 1989, c.20, s.30
1961-62, c.3, s.82; 1971, c.43, s.11; 1974, c.26 (Supp.), s.3; 1989, c.20, s.30
DINING-ROOM LICENCE
Repealed
88Repealed: 1992, c.90, s.53
1961-62, c.3, s.83; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.31; 1992, c.90, s.53
Requirements for issuance and operation of licence
88.1(1)Repealed: 1992, c.90, s.54
88.1(2)The Minister shall not issue a dining-room licence under this Act to any applicant until the applicant has furnished evidence satisfactory to the Minister that the applicant will make and continue to make the purveyance of food in the dining-room in respect of which the application is made the chief business and source of revenue of the applicant in respect of the dining-room.
88.1(3)A dining-room licensee shall, while operating under the licence, make the purveyance of food in the licensed premises the chief business and source of revenue of the licensee in respect of the licensed premises.
1989, c.20, s.32; 1992, c.90, s.54
Effect of dining-room licence, Special occasion use, waiting area, adjacent areas
89(1)A dining-room licence authorizes the licensee
(a) to purchase liquor of all kinds from the Corporation and to sell that liquor for consumption by persons who are the full age of nineteen years, and are not otherwise disqualified under this Act from consuming liquor,
(i) in the dining-room or in any other dining or reception area of the premises of the licensee approved by the Minister for special occasion use, with food, and
(ii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold
(A) in accordance with the regulations, and
(B) with food purchased for delivery or takeout, and
(b) to allow a person to remove from the dining-room or dining or reception area approved by the Minister for special occasion use an unfinished container of wine that the person purchased for consumption in the dining-room or dining or reception area if the licensee or an employee or agent of the licensee closed the container for the person.
89(2)When the dining-room of a dining-room licensee, or any partitioned part thereof, is not open to the general public, it may be used for special occasion use, and during such use such dining-room or part thereof shall be subject to the provisions of the Act and regulations and orders of the Minister applicable to areas approved by the Minister pursuant to subsection (1).
89(3)Repealed: 1989, c.20, s.33
89(4)With the approval of the Minister, a dining-room licensee may designate an area which can accommodate not more than fifteen persons at any one time as a waiting area.
89(5)Within a waiting area, a dining-room licensee may sell liquor to any person who is waiting to be seated in the dining-room and to whom they could sell liquor in the dining-room, but the price of any liquor sold in a waiting area shall form part of the bill delivered for the meal subsequently taken in the dining-room.
89(6)The Minister may, at the time of application for a dining-room licence or upon application by a dining-room licensee after its issue, subject to such conditions as the Minister may attach, authorize the licensee to sell liquor of all kinds for consumption in an area designated by the Minister adjacent to and outside of the dining-room, including an area on lands that are leased or owned by the licensee and any area of which the true owner or, if a public place, over which the authority having jurisdiction, as the case may be, has given written permission to the licensee to sell liquor for consumption, and any reference in this Act to the dining-room or the premises of the dining-room includes a reference to an area so designated.
1961-62, c.3, s.84; 1966, c.76, s.2; 1969, c.49, s.2; 1972, c.5, s.2; 1972, c.43, s.8; 1974, c.26 (Supp.), s.3, 4, 17; 1984, c.50, s.13; 1989, c.20, s.33; 1992, c.90, s.55; 2020, c.33, s.8
WINE SERVING LICENCE
1999, c.30, s.8
Persons to whom licence may be issued, effect of licence, adjacent areas
89.1(1)A wine serving licence may be issued to a person who holds no other licence under this Act and who
(a) offers a public food service within a defined area approved in accordance with the regulations, or
(b) is in the business of providing overnight accommodation for guests and whose business is an approved business in accordance with the regulations.
89.1(2)A wine serving licence authorizes the licensee
(a) to permit each patron who is the full age of nineteen years to bring wine, in accordance with subsection 41(5.1), into the licensed premises or an area referred to in subsection (3), if the container is opened by and the wine is served by the licensee or an employee or agent of the licensee and the wine is consumed by the patron and by other patrons, together with a meal prepared and served by the licensee or an employee or agent of the licensee, in the licensed premises or the area,
(b) to charge a patron referred to in paragraph (a) a fee for the licensee or an employee or agent of the licensee to open the container and serve the wine to the patrons, and
(c) to allow a patron to remove an unfinished container of wine from the licensed premises if the container has been closed by the licensee or an employee or agent of the licensee for the patron.
89.1(3)The Minister may, at the time of application for a wine serving licence or upon application by a wine serving licensee after its issue, subject to such conditions as the Minister may attach, designate an area adjacent to and outside of the licensed premises for the purposes of subsection (2), which area may include an area on lands that are leased or owned by the licensee and an area of which the true owner or, if a public place, over which the authority having jurisdiction, as the case may be, has given written permission to the licensee to serve wine and to permit patrons to consume wine, and any reference in this Act to the premises of a wine serving licensee includes a reference to an area so designated.
1999, c.30, s.8; 2020, c.33, s.9
Prohibition in respect of wine serving licence
89.2No wine serving licensee and no employee or agent of a wine serving licensee shall open a container of wine for and serve wine to a patron unless
(a) the wine was
(i) purchased lawfully by the patron within the Province,
(ii) brought lawfully by the patron into the Province, or
(iii) received by the patron in good faith as a gift,
(b) the wine was manufactured
(i) in the Province, by the holder of a winery licence, or
(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,
(c) the container bears the label of the winery licensee or the enterprise or a label provided by the Corporation,
(d) the wine is contained in an unopened container and the seal, if any, on the container is unbroken, and
(e) subject to this Act, the wine is consumed by the patron and by other patrons with a meal in the licensed premises or area referred to in subsection 89.1(3).
1999, c.30, s.8; 2020, c.33, s.10
LOUNGE LICENCES
Repealed
90Repealed: 1992, c.90, s.56
1961-62, c.3, s.85; 1966, c.76, s.3; 1972, c.43, s.9; 1974, c.26 (Supp.), s.3; 1975, c.84, s.3; 1983, c.47, s.7; 1989, c.20, s.34; 1992, c.90, s.56
Consumption of liquor in area adjacent to lounge
90.1The Minister may, at the time of application for a lounge licence or upon application by a lounge licensee after its issue, subject to such conditions as the Minister may attach, authorize a lounge licensee to sell liquor of all kinds for consumption in an area designated by the Minister adjacent to and outside of the lounge, including an area on lands that are leased or owned by the licensee and any area of which the true owner or, if a public place, over which the authority having jurisdiction, as the case may be, has given written permission to the licensee to sell liquor for consumption.
1992, c.90, s.57
Restriction
90.2Notwithstanding section 90.1, the Minister, if issuing a lounge licence to the holder of a brewer’s licence, a distiller’s licence or a winery licence, shall issue the licence only in respect of one premises, which shall be the licence holder’s principal manufacturing site in the Province.
1994, c.100, s.2
Effect of lounge licence
91A lounge licence authorizes the licensee
(a) to purchase liquor of all kinds from the Corporation and to sell that liquor for consumption by persons who are the full age of nineteen years, and are not otherwise disqualified under this Act from consuming liquor,
(i) in the lounge, with or without food, and
(ii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold
(A) in accordance with the regulations, and
(B) with food purchased for delivery or takeout, and
(b) to allow a person to remove from the lounge an unfinished container of wine that the person purchased for consumption in the lounge if the licensee or an employee or agent of the licensee closed the container for the person.
1961-62, c.3, s.86; 1972, c.5, s.5; 1972, c.43, s.10; 1974, c.26 (Supp.), s.18; 1992, c.90, s.58; 2020, c.33, s.11
Repealed
92Repealed: 1989, c.20, s.35
1968, c.35, s.9; 1970, c.29, s.8; 1971, c.43, s.12; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7, 12; 1989, c.20, s.35
Repealed
93Repealed: 1989, c.20, s.36
1968, c.35, s.9; 1971, c.43, s.12; 1972, c.43, s.11; 1974, c.26 (Supp.), s.4; 1989, c.20, s.36
OUTFITTERS LICENCE
Repealed: 1989, c.20, s.37
1989, c.20, s.37
Repealed
94Repealed: 1989, c.20, s.38
1961-62, c.3, s.87; 1963 (2nd Sess.), c.27, s.11; 1965, c.25, s.4; 1974, c.26 (Supp.), s.3, 19; 1983, c.47, s.7; 1989, c.20, s.38
Repealed
95Repealed: 1989, c.20, s.39
1973, c.55, s.6; 1974, c.26 (Supp.), s.3, 4; 1985, c.57, s.11; 1987, c.32, s.1; 1989, c.20, s.39
Issuance of lounge and dining-room licences to railway
96(1)The Minister may issue dining-room licences and lounge licences to
(a) railway companies in respect to their trains and hotels, and
(b) companies that own railway dining cars or railway lounge cars and operate them as parts of trains, in respect of such dining cars or lounge cars while they are operated as parts of trains.
96(2)Repealed: 1989, c.20, s.40
96(3)The provisions of subsection 88.1(2) and sections 89 and 91 apply mutatis mutandis to a licence issued under subsection (1).
1961-62, c.3, s.88; 1963 (2nd Sess.), c.27, s.12; 1974, c.26 (Supp.), s.3; 1989, c.20, s.40; 1992, c.90, s.59
Repealed
97Repealed: 1989, c.20, s.41
1966, c.76, s.4; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.41
Repealed
98Repealed: 1989, c.20, s.42
1966, c.76, s.4; 1972, c.5, s.2; 1974, c.26 (Supp.), s.20; 1989, c.20, s.42
Repealed
98.1Repealed: 1989, c.20, s.43
1983, c.47, s.13; 1989, c.20, s.43
Authority to purchase liquor from other than Corporation
99(1)Notwithstanding any other provision of this Act, the Minister may authorize the holder of a licence issued under section 96 to purchase elsewhere than from the Corporation and under such conditions as the Minister attaches to the licence, liquor for sale to passengers on trains in accordance with the licence.
99(2)Where a company is so authorized as provided in subsection (1), the Corporation may enter into agreements with boards, commissions or persons having due authority for the purpose in other provinces of Canada whereby credit will be given to the Corporation for a portion of the price of liquor purchased as so authorized and the amount so credited will be paid to the Corporation as part of its revenue.
1961-62, c.3, s.89; 1974, c.26 (Supp.), s.4, 21; 1992, c.90, s.60
SPECIAL FACILITY LICENCE
1989, c.20, s.44
Persons to whom licence may be issued, adjacent areas, effect of licence, mini-bars, passenger services
99.1(1)A special facility licence may be issued to
(a) any person operating premises the use of which includes such sporting, cultural, theatrical or other similar activities as may be prescribed by regulation or approved by the Minister,
(b) the owner or operator of a trade and convention centre,
(b.1) the owner or operator of a hotel or motel who is not the holder of any other licence and who wishes to enable a registered guest of the hotel or motel to operate a mini-bar in the room of the registered guest,
(c) a person who has entered into an agreement with a federal, provincial or local government authority to provide food and liquor facilities in a federal, provincial or local government park,
(d) any person who operates within the Province an excursion boat, or
(e) any other person who is the owner or operator of premises that are considered by the Minister to be suitable for the issuance of a special facility licence.
99.1(2)Repealed: 1992, c.90, s.61
99.1(2.1)The Minister may, at the time of application for a special facility licence or upon application by a special facility licensee after its issue, subject to such conditions as the Minister may attach, authorize the licensee to sell liquor of all kinds for consumption in an area designated by the Minister adjacent to and outside of the special facility, including an area on lands that are leased or owned by the licensee and any area of which the true owner or, if a public place, over which the authority having jurisdiction, as the case may be, has given written permission to the licensee to sell liquor for consumption, and any reference in this Act to the premises of the special facility includes a reference to an area so designated.
99.1(2.2)Notwithstanding subsection (2.1), the Minister, if issuing a special facility licence to the holder of a brewer’s licence, a distiller’s licence or a winery licence, shall issue the licence only in respect of one premises, which shall be the licence holder’s principal manufacturing site in the Province.
99.1(3)A special facility licence issued under paragraph (1)(a), (b), (c), (d) or (e) authorizes the licensee to
(a) purchase liquor of all kinds from the Corporation and to sell that liquor for consumption by persons who are the full age of nineteen years, and are not otherwise disqualified under this Act from consuming liquor,
(i) in those areas of the premises of the licensee approved by the Minister and under any condition attached by the Minister to the licence, with or without food, and
(ii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold
(A) in accordance with the regulations, and
(B) with food purchased for delivery or takeout, and
(b) to allow a person to remove from the areas of the premises of the licensee an unfinished container of wine that the person purchased for consumption in the areas if the licensee or an employee or agent of the licensee closed the container for the person.
99.1(3.1)A special facility licence issued under paragraph (1)(b.1) authorizes the special facility licensee to purchase from the Corporation liquor of all kinds and to sell that liquor, in compliance with such conditions as may be attached by the Minister, to a registered guest of the licensee who is of the full age of nineteen years and is not otherwise disqualified under this Act from having or consuming liquor, for the purpose of serving the liquor from a mini-bar in the guest’s room for consumption in that room, with or without a meal, by persons who are of the full age of nineteen years and are not otherwise disqualified under this Act from having or consuming liquor.
99.1(3.2)A person who operates a mini-bar authorized under a special facility licence shall do so in accordance with the conditions attached by the Minister to that licence and with all applicable provisions of this Act and the regulations.
99.1(4)Notwithstanding any other provision of this Act, upon application to the Minister and payment of the prescribed fee, the Minister may issue a special facility licence to any corporation maintaining and operating a commercial airline passenger service in the Province.
99.1(5)A special facility licence issued under subsection (4) authorizes the licensee to purchase liquor of all kinds from the Corporation or elsewhere as may be authorized by the Minister and to sell or serve the liquor so purchased to persons of the full age of nineteen years and not otherwise disqualified under this Act from consuming liquor while they are passengers on aircraft operated by the licensee on commercial airline flights in the Province.
99.1(6)Where the Minister issues a special facility licence under subsection (4), the Minister may authorize the licensee to purchase liquor for use in the Province elsewhere than from the Corporation in which event the provisions of section 99 apply mutatis mutandis.
99.1(7)Notwithstanding any other provision of this Act, upon application to the Minister and payment of the prescribed fee, the Minister may issue a special facility licence to any corporation maintaining and operating a commercial ferry boat passenger service in the Province.
99.1(8)A special facility licence issued under subsection (7) authorizes the licensee to purchase liquor of all kinds from the Corporation or elsewhere as may be authorized by the Minister and to sell or serve the liquor so purchased to persons of the full age of nineteen years and not otherwise disqualified under this Act from consuming liquor while they are passengers on ferry boats operated by the licensee on commercial ferry boat voyages in the Province.
99.1(9)Where the Minister issues a special facility licence under subsection (7), the Minister may authorize the licensee to purchase liquor for use in the Province elsewhere than from the Corporation in which event the provisions of section 99 apply mutatis mutandis.
1989, c.20, s.44; 1992, c.90, s.61; 1994, c.100, s.3; 2017, c.20, s.92; 2020, c.33, s.12
Licence to operator of trade and convention centre
99.2Notwithstanding section 69, a special facility licence may be issued to an operator of a trade and convention centre who is not the true owner or lessee of the trade and convention centre if the Minister is satisfied that the applicant possesses the concession or authority of the true owner or lessee to manage or operate the trade and convention centre.
1989, c.20, s.44; 1992, c.90, s.62
Repealed
100Repealed: 1989, c.20, s.45
1970, c.29, s.9; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1989, c.20, s.45
Repealed
101Repealed: 1989, c.20, s.46
1970, c.29, s.9; 1974, c.26 (Supp.), s.4; 1989, c.20, s.46
SPECIAL EVENTS LICENCE
1989, c.20, s.47
Special events licence
102(1)A special events licence may be issued to a corporation, organization or local government for a special event.
102(1.1)The area designated in a special events licence as the premises to which the licence applies may include an outdoor area that is a public place, if the authority having jurisdiction over the public place has given written permission to the licensee to sell liquor for consumption.
102(2)A special events licence authorizes the licensee therein named to purchase such liquor as is established by the Minister, and to have and to sell it during a specified period by the glass for consumption in the area designated in the licence by persons of either sex who are of the full age of nineteen years and are not otherwise disqualified under this Act from consuming liquor.
1972, c.43, s.12; 1972, c.5, s.2; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1992, c.90, s.63; 2002, c.33, s.4; 2005, c.7, s.39; 2017, c.20, s.92; 2020, c.33, s.13
EXTENDED HOURS LICENCE
2008, c.57, s.8
Issuance of extended hours licence
102.1An extended hours licence may be issued if
(a) the applicant is a licensee who holds a licence of a class referred to in paragraph 63(b), (b.1), (c), (d), (e), (f), (g) or (h),
(b) the Minister is of the opinion that the premises in respect of which the extended hours licence relates is situated in an area in which an event of provincial, national or international significance is to take place, and
(c) the applicant provides the Minister with the written approval of the local government in which the premises is situated or the written approval of the authority having jurisdiction over the area in which the premises is situated if the premises is not situated in a local government.
2008, c.57, s.8; 2017, c.20, s.92
Effect of extended hours licence
102.2An extended hours licence authorizes the licensee to sell liquor that he or she is authorized to sell under his or her original licence during the hours of liquor service determined by the Minister under subsection 127(4), subject to all the requirements, terms and conditions imposed under this Act and the regulations on the extended hours licence and on the original licence.
2008, c.57, s.8
Cancellation of extended hours licence
102.3The extended hours licence shall be cancelled if the original licence is suspended or cancelled.
2008, c.57, s.8
CLUB LICENCE
Repealed
103Repealed: 1992, c.90, s.64
1961-62, c.3, s.90; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1992, c.90, s.64
Conditions re issuance of licence
104(1)No club licence shall be issued to a club under this Act unless
(a) it is a non-proprietary club and is not operated for the pecuniary gain or personal benefit of any member or shareholder thereof or any other person,
(b) it is incorporated as a club under or by an Act of the Legislature and it is not in default in the making of any returns required to be made by it under any Act of the Legislature,
(c) the club premises are constructed, equipped, conducted, managed, and operated to the satisfaction of the Minister and in accordance with this Act and the regulations,
(d) the club has a permanent local membership of not less than forty club members,
(e) the application for the licence is approved by a majority of the club members who are present at a general or special meeting called to consider the application, and the approval certified to the Minister by the secretary of the club,
(f) the club has been in continuous operation, and has operated club premises or a club house for at least one year prior to the date of its first application for a licence; but the Minister for good reason may waive the requirements of this paragraph in respect of any club, and
(g) the club is in compliance with this Act and the regulations.
104(2)Notwithstanding paragraph (1)(b), the Minister may issue club licenses to recognized ex-service persons’ organizations and fraternal organizations or the duly chartered branches of any of them, in such number to each as the Minister in the Minister’s sole discretion shall determine, but where a club licence is issued to a chartered branch of any such organization, the branch shall, for the purposes of this section, be deemed to be a separate club.
104(3)Repealed: 1992, c.90, s.65
1961-62, c.3, s.91; 1973, c.55, s.7; 1974, c.26 (Supp.), s.3; 1978, c.D-11.2, s.24; 1989, c.20, s.48; 1992, c.90, s.65; 2006, c.16, s.101
Duty of club respecting application
105Every club that applies for a club licence under this Act shall file with its application proof of organization of the club, a copy of its constitution and general by-laws and a copy of such other of its by-laws or rules as affect the operation of the club.
1961-62, c.3, s.92
Effect of club licence
106A club licence issued to a club authorizes the licensee to purchase from the Corporation liquor of all kinds and to sell the liquor so purchased, with or without meals, for consumption in the area designated in the licence by persons of either sex who are of the full age of nineteen years and are not otherwise disqualified under this Act from consuming liquor.
1961-62, c.3, s.93; 1972, c.5, s.2; 1972, c.43, s.13; 1974, c.26 (Supp.), s.4; 1989, c.20, s.49
Repealed
107Repealed: 1974, c.26 (Supp.), s.22
1961-62, c.3, s.94; 1974, c.26 (Supp.), s.22
Voiding of club licence
108Unless it sooner expires or is cancelled, a club licence issued to a club by the Minister becomes void and is determined if and when the club to which it was issued ceases to carry on operation, or ceases to be qualified as a club within the meaning of this Act and the regulations.
1961-62, c.3, s.95; 1974, c.26 (Supp.), s.3; 1989, c.20, s.50; 1992, c.90, s.66
When club deemed public place
109The premises of a club that does not hold a valid and subsisting club licence under this Act shall be deemed to be a public place within the meaning of this Act.
1961-62, c.3, s.96; 1992, c.90, s.67
TRADE AND CONVENTION
CENTRE LICENCE
Repealed: 1989, c.20, s.51
1989, c.20, s.51
Repealed
109.1Repealed: 1989, c.20, s.52
1983, c.47, s.14; 1989, c.20, s.52
FORCES CANTEEN LICENCE
Repealed: 1989, c.20, s.53
1989, c.20, s.53
Issuance and effect of licence
110(1)If authorized by the regulations and in respect of canteens in camps, armouries, barracks, bases or stations of the components of the Canadian Forces, both regular and reserve under direct supervision and control of the respective forces, and in quarters of the Royal Canadian Mounted Police, the Minister may, notwithstanding any other provision of this Act, issue a club licence to the person in control of the canteen.
110(2)A club licence issued in respect of a forces canteen authorizes the licensee named therein to purchase liquor from the Corporation and, in that part of the canteen set out in the licence, to have and keep the liquor so purchased and to sell it to persons not disqualified under this Act, for consumption on the premises, but the purchase, having, keeping, sale and consumption shall be in accordance with the Act and the regulations, and not otherwise.
1961-62, c.3, s.97; 1971, c.43, s.13; 1974, c.26 (Supp.), s.3, 4; 1989, c.20, s.54; 1992, c.90, s.68
Regulations, conditions
111(1)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations
(a) prescribing the type of room or place in or on club or canteen premises in which liquor is to be kept,
(b) prescribing the days on which and the hours during which liquor may be served or consumed on the club or canteen premises, and
(c) providing for inspection, supervision and control of the service and consumption of liquor on the premises of any club or canteen.
111(2)A club licence issued in respect of a forces canteen is subject to such terms, conditions, limitations and restrictions as may be prescribed.
1961-62, c.3, s.98; 1971, c.43, s.14; 1974, c.26 (Supp.), s.23; 1989, c.20, s.55; 1992, c.90, s.69
CATERING LICENCE
1989, c.20, s.56
Catering licence
111.1(1)A catering licence may be issued to the holder of a licence of a class referred to in paragraph 63(b), (c), (d), (g) or (j) who provides a public food service under that licence.
111.1(2)Subject to subsection (3), a catering licence authorizes the licensee to sell or serve liquor to persons of the full age of nineteen years, who are not otherwise disqualified under this Act from consuming liquor, in connection with the provision of food by the licensee at any indoor or outdoor location that is separate from the main premises of the licensee.
111.1(3)The holder of a catering licence may only exercise such licence
(a) at locations that have been approved by the Minister and meet the applicable standards established under the Fire Prevention Act and the Public Health Act, and
(b) where such exercise is not contrary to any other statute, regulation or local government by-law.
1985, c.57, s.12; 1989, c.20, s.57; 1992, c.90, s.70; 1996, c.37, s.20; 2017, c.20, s.92; 2017, c.42, s.86
Repealed
111.2(1)Repealed: 1989, c.20, s.58
111.2(2)Repealed: 1989, c.20, s.58
111.2(3)Repealed: 1987, c.32, s.2; 1989, c.20, s.58
1985, c.57, s.12; 1987, c.32, s.2; 1989, c.20, s.58
IN-HOUSE BREWERY LICENCE
1989, c.20, s.59
In-house brewery licence
111.3(1)An in-house brewery licence may be issued to a person
(a) who is licensed as a brewer by the Government of Canada,
(b) who holds a subsisting dining-room, lounge or special facility licence, and
(c) whose brewing facilities are located within the premises in respect of which a licence referred to in paragraph (b) is issued, or in premises connected thereto.
111.3(2)An in-house brewery licence authorizes the licensee to manufacture beer for direct dispensing and sale in draft form in the licensed premises.
111.3(3)The brewing facilities in respect of which an in-house brewery licence is issued shall include metering devices that conform to the specifications prescribed by regulation to mechanically record
(a) the total amount of beer manufactured, and
(b) the total amount of beer dispensed for consumption in the licensed premises.
111.3(4)Every in-house brewery licensee shall deliver to the Minister at the end of each month a return in the prescribed form showing
(a) the total amount of beer manufactured in that month, and
(b) the total amount of beer dispensed for consumption in the licensed premises in that month.
111.3(5)An in-house brewery licensee who fails to deliver the return within twenty days following the expiration of the month for which it should be made commits an offence.
111.3(6)The Minister may at any time, by notice in writing to an in-house brewery licensee, require a return of sales by the licensee for any period mentioned in the notice, and the return shall be made by the licensee within three days after the day on which the notice is received.
111.3(7)Repealed: 1990, c.61, s.72
111.3(8)The Minister may examine the books of any in-house brewery licensee required to make any return under this Act, in order to verify the accuracy of the return.
111.3(9)An in-house brewery licensee who refuses to allow an examination of his books or who fails to make returns in accordance with the regulations commits an offence.
111.3(10)The Minister may require from any in-house brewery licensee samples of any beer that is then being sold, is kept in stock or is in the course of manufacture by the licensee within the Province and the licensee shall forthwith furnish the samples to the Minister.
111.3(11)Repealed: 1990, c.61, s.72
111.3(12)No in-house brewery licensee shall, within the Province, by himself, his clerk, employee or agent, give to any person any beer, except as may be permitted by and in accordance with this Act and the regulations.
111.3(13)Notwithstanding any other provision of this Act, the Minister may for any cause the Minister considers sufficient, without a hearing, suspend or cancel a licence issued to an in-house brewery licensee, in the manner prescribed by regulation and all rights of the licensee to sell or deliver beer under the licence shall be suspended or terminated, as the case may be.
111.3(14)Every in-house brewery licensee who is convicted of keeping for sale or selling beer by himself, or by his clerk, agent or employee contrary to the provisions of this Act, or the regulations, commits an offence.
1985, c.57, s.12; 1989, c.20, s.60; 1990, c.61, s.72; 1992, c.90, s.71; 1996, c.37, s.21
WAITER’S LICENCE
Repealed: 1996, c.33, s.2
1996, c.33, s.2
Repealed
112(1)Repealed: 1996, c.33, s.3
112(1.1)Repealed: 1996, c.33, s.3
112(2)Repealed: 1996, c.33, s.3
112(3)Repealed: 1989, c.20, s.61
112(4)Repealed: 1996, c.33, s.3
112(5)Repealed: 1996, c.33, s.3
112(6)Repealed: 1996, c.33, s.3
112(7)Repealed: 1996, c.33, s.3
1961-62, c.3, s.99; 1963 (2nd Sess.), c.27, s.13; 1968, c.35, s.10; 1971, c.43, s.15; 1972, c.5, s.2; 1974, c.26 (Supp.), s.3; 1975, c.84, s.4; 1985, c.57, s.13; 1987, c.6, s.56; 1989, c.20, s.61; 1992, c.90, s.72; 1993, c.67, s.8; 1996, c.33, s.3
BREWER’S LICENCE
1993, c.67, s.9
Issuance and effect of licence, construction of brewery
113(1)A brewer’s licence may be issued to a brewer duly licensed as such by the Government of Canada.
113(2)A brewer’s licence authorizes the licensee to sell beer manufactured by the licensee to the Corporation and to deliver the beer to the Corporation at any place in New Brunswick when and as authorized by the Corporation so to do.
113(3)No brewery shall be constructed and equipped so as to facilitate a breach of this Act or the regulations.
1961-62, c.3, s.100; 1974, c.26 (Supp.), s.3, 4; 1983, c.47, s.7; 1992, c.90, s.73; 1993, c.67, s.10
Monthly return
114(1)Every brewer shall deliver to the Minister each month a return showing the gross amount of the sales of beer made by the brewer and his agents.
114(2)A brewer who fails to deliver the return within twenty days following the expiration of the month for which it should be made commits an offence.
1961-62, c.3, s.101; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1990, c.61, s.72; 1992, c.90, s.74
Return of sales
115(1)The Minister may at any time, by notice in writing to a brewer or brewer’s agent, require a return of sales by the brewer or brewer’s agent, for any period mentioned in the notice, and the return shall be made by the brewer or brewer’s agent within three days after the day on which the notice is received.
115(2)A brewer or brewer’s agent who defaults in delivering a return that is required to be made pursuant to subsection (1) commits an offence.
1961-62, c.3, s.102; 1974, c.26 (Supp.), s.3; 1990, c.61, s.72; 1992, c.90, s.75
Examination of books of brewer or brewer’s agent
116(1)The Minister may examine the books of any brewer or brewer’s agent required to make any return under this Act, in order to verify the accuracy of the return.
116(2)A brewer or brewer’s agent who refuses to allow an examination of the books or who fails to make returns in accordance with the regulations commits an offence.
1961-62, c.3, s.103; 1974, c.26 (Supp.), s.3; 1990, c.61, s.72; 1992, c.90, s.76
Requirement to furnish samples
117(1)The Minister may require from a brewer samples of any beer that is then being sold, is kept in stock or is in the course of manufacture by the brewer within the province and the brewer shall forthwith furnish the samples to the Minister.
117(2)Every brewer who fails to furnish the samples that the brewer is required to furnish pursuant to subsection (1) commits an offence.
1961-62, c.3, s.104; 1974, c.26 (Supp.), s.3; 1990, c.61, s.72; 1992, c.90, s.77
Duties re labelling
118(1)Every brewer shall on all beer manufactured and bottled by them for sale or consumption within the Province place a crown cork stopper or other stopper showing on it by embossing on the outside of it, or by lithographing on the outside and inside of it, the name of the brewer and any other information as to the contents or otherwise that the Minister may from time to time require and shall also cause the same information to be branded in or labelled on all casks, barrels, kegs or containers containing beer, as the Minister may determine.
118(2)Repealed: 1990, c.61, s.72
1961-62, c.3, s.105; 1974, c.26 (Supp.), s.3; 1990, c.61, s.72; 1992, c.90, s.78; 2020, c.33, s.14
Idem
119(1)A brewer shall put on all barrels and containers containing beer manufactured or brewed by the brewer for sale within the Province a distinctive label showing the nature of the contents and the name and address of the brewer.
119(2)For the purposes of subsection (1) the nature of the contents of barrels and containers containing beer shall be shown by the use of the word “beer”, “bière”, “ale”, “stout”, or “porter” on the outside of all barrels and containers.
1961-62, c.3, s.106; 2020, c.33, s.15
Gift of beer by brewer
120No brewer shall, within the Province, by himself, his clerk, employee or agent, give to any person any beer, except as may be permitted by and in accordance with the regulations.
1961-62, c.3, s.107
Suspension or cancellation of licence
121Notwithstanding any other provision of this Act, the Minister may for any cause the Minister considers sufficient, without a hearing, suspend or cancel a licence issued to a brewer or brewer’s agent, in the manner prescribed by regulation, and all rights of the brewer or brewer’s agent to sell or deliver beer under the licence shall be suspended or terminated, as the case may be.
1961-62, c.3, s.108; 1974, c.26 (Supp.), s.3; 1992, c.90, s.79; 1993, c.67, s.11
Offence
122Every brewer, who keeps for sale or sells beer by himself or herself, or by the brewer’s clerk, agent or employee contrary to the provisions of this Act or the regulations commits an offence.
1961-62, c.3, s.109; 1990, c.61, s.72
DISTILLER’S LICENCE OR
WINERY LICENCE
1989, c.20, s.62; 1993, c.67, s.12
Distiller’s licence or winery licence
123(1)Repealed: 1992, c.90, s.80
123(2)A distiller’s licence or winery licence authorizes the licensee, subject to other applicable law, to manufacture liquor or wine, as the case may be, within the Province, to import spirits or wine for the sole use of the licensee in the manufacture of liquor or wine, to have and keep the liquor or wine so manufactured, to sell it to the Corporation, to deliver it to the Corporation or as authorized by the Corporation, and export the liquor or wine from the Province.
123(3)The provisions of sections 114 to 117, and 119 to 122, apply mutatis mutandis to every distiller and wine maker licensed under this Act.
1968, c.35, s.11; 1974, c.26 (Supp.), s.3, 4; 1983, c.47, s.7; 1989, c.20, s.62; 1992, c.90, s.80; 1993, c.67, s.13
UVIN/UBREW LICENCE
2008, c.57, s.9
Issuance of UVin/UBrew licence
123.1A UVin/UBrew licence may be issued to the owner of a UVin/UBrew establishment.
2008, c.57, s.9
Effect of UVin/UBrew licence
123.2A UVin/UBrew licence authorizes the licensee to provide services or access to equipment to persons for the purpose of manufacturing wine or beer at the UVin/UBrew establishment for their own off-site consumption.
2008, c.57, s.9
SACRAMENTAL WINE VENDOR’S
LICENCE
1989, c.20, s.63
Sacramental wine vendor’s licence
124(1)A sacramental wine vendor’s licence may be issued to any person or corporation authorizing the licensee to sell wine for sacramental or religious purposes to
(a) any clergyman of a religious faith that uses wine for sacramental uses or in the performance of religious ceremonies, and, subject to subsections (2) and (3), any other person who at the time of sale produces authorization in writing signed by any such clergyman permitting such person to purchase such wine for sacramental or religious uses, and
(b) any person in another province who, under the laws of that province, may import such wine.
124(2)No clergyman to whom paragraph (1)(a) applies shall authorize any other person to purchase sacramental wine on his behalf if, at the time authority is given, any other person holds such authority.
124(3)The holder of a sacramental wine vendor’s licence shall not sell, deliver, or ship wine for sacramental uses to any person unless that person has given to the licensee a written order signed by the person giving the order, bearing the date on which it was given, and stating the kind and quantity of wine ordered.
124(4)Each licensee shall keep a separate written record in which he shall show the date on which, and the name of the person to whom, each sale of wine for sacramental purposes was made, and also the kind and quantity sold in each sale and the price charged therefor.
1971, c.43, s.16; 1974, c.26 (Supp.), s.3; 1983, c.47, s.7; 1992, c.90, s.81
CANCELLATION, SUSPENSION,
EXPIRY AND RENEWAL OF
LICENCES AND PERMITS
Appointment and eligibility of Adjudicator
124.1(1)The Minister shall, from time to time, appoint in writing as an Adjudicator a person who carries out no duties in relation to the issuance or renewal of licences or permits or to inspections under this Act.
124.1(2)No person is eligible to be appointed or to continue as the Adjudicator who
(a) is engaged in the manufacture, sale or distribution of liquor or has any other dealing whatsoever in liquor or in any enterprise or industry in which liquor is required,
(b) has a pecuniary interest or proprietary interest in premises that are licensed under this Act,
(c) has a pecuniary interest in any contract in respect of any licensed premises,
(d) has a pecuniary interest in purchases or sales made by the Corporation, or
(e) has a direct or indirect interest in an undertaking putting the person’s interest in conflict with the interests of the Adjudicator or in carrying out the duties of the Adjudicator under this Act.
124.1(3)Nothing in subsection (2) prevents the Adjudicator from purchasing and having possession of liquor that the Adjudicator may lawfully purchase or keep under this Act or the regulations for personal or family use.
124.1(4)Where any interest prohibited under subsection (2) vests in the Adjudicator by will or succession for the Adjudicator’s benefit, the Adjudicator shall, within six months after the interest vests, absolutely dispose of the interest.
1992, c.90, s.82
Hearings before Adjudicator
124.11(1)Subject to subsections 124.2(3) and (8), the Adjudicator shall hold a hearing
(a) in respect of an allegation that
(i) a licensee or permittee has violated or failed to comply with a provision of this Act or the regulations or a condition attached to the licence or permit,
(ii) a licensee or permittee has violated or failed to comply with, in respect of the licensed premises, section 24 of the Fire Prevention Act, insofar as it relates to overcrowding, or section 25 of that Act,
(iii) a licensee or permittee has provided the Adjudicator with false or misleading information in a declaration or an affidavit or with other false or misleading documentation, information, description or plans, or
(iv) other grounds exist in this Act or the regulations for imposing a fine or for the cancellation or suspension of a licence or a permit, or
(b) at the request of the Minister, to inquire into any matter relating to any aspect of the operation or condition of a licensed premises or any other matter in respect of which the Minister considers a hearing to be desirable.
124.11(2)A hearing under this section may be held at any place in New Brunswick that the Adjudicator may designate and shall be open to the public.
124.11(3)For the purposes of a hearing before the Adjudicator in respect of any matter, the Adjudicator may receive and consider evidence obtained by an inspector in the execution of the inspector’s duties under this Act.
124.11(4)The Adjudicator may make additional rules consistent with this Act respecting the procedure for making representations and complaints to the Adjudicator and the conduct of hearings under this section.
1992, c.90, s.82; 1994, c.35, s.1
Fines and cancellation or suspension of licence or permit
124.2(1)Subject to subsections (1.1), (1.2), (2), (3) and (8), the Adjudicator may impose a fine in accordance with the regulations and may cancel or suspend a licence or permit issued under this Act for a period the Adjudicator considers proper where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that
(a) the licensee or permittee has violated or failed to comply with a provision of this Act or the regulations or a condition attached to the licence or permit,
(b) the licensee or permittee has violated or failed to comply with, in respect of the licensed premises, section 24 of the Fire Prevention Act, insofar as it relates to overcrowding, or section 25 of that Act,
(c) the licensee or permittee provided the Adjudicator with false or misleading information in a declaration or an affidavit or with other false or misleading documentation, information, description or plans, or
(d) other grounds exist in this Act or the regulations for the fine, cancellation or suspension.
124.2(1.1)The Adjudicator may cancel a licence of a class referred to in subsection 72.1(1) or suspend the licence for a period the Adjudicator considers proper where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.1(1).
124.2(1.2)The Adjudicator may cancel a licence referred to in subsection 72.2(1) or suspend the licence for a period the Adjudicator considers appropriate where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.2(1).
124.2(2)Subject to subsection (8), if the Adjudicator is satisfied after holding a hearing in accordance with section 124.11 that a licensee or permittee or an agent or employee of a licensee or permittee has violated or failed to comply with section 134 or 139, the Adjudicator may impose a fine in accordance with the regulations and shall
(a) cancel the licence or permit, or
(b) suspend the licence or permit for a period the Adjudicator considers appropriate.
124.2(3)Subject to subsection (8), the Minister may, without a hearing,
(a) cancel a licence referred to in paragraph 63(b), (b.1), (c), (d), (g) or (j) or issued under section 63.01 if the licensee is convicted of a breach of any provision referred to in paragraph 69(1)(e),
(a.1) cancel a UVin/UBrew licence if the UVin/UBrew licensee is convicted of a breach of any provision referred to in subsection 69(1.01), and
(b) Repealed: 1996, c.33, s.4
(c) cancel or suspend a licence or a permit, if satisfied that the licensee or permittee provided the Minister with false or misleading information in a declaration or affidavit or with other false or misleading documentation, information, descriptions or plans.
124.2(4)Subject to subsections (5) to (7), the Minister, the Adjudicator, an inspector or any person authorized by the Minister to act under this section may accept from a person alleged to have committed an offence under this Act or the regulations, payment of a fine established in accordance with the regulations.
124.2(5)Payment of a fine may not be accepted from a person under subsection (4) if the person has previously been convicted of more than two offences under this Act and the regulations.
124.2(6)The Minister, the Adjudicator, an inspector or any person authorized by the Minister to act under this section may, in his or her discretion, refuse to accept payment of a fine under subsection (4).
124.2(7)Payment of a fine may be accepted from a person under subsection (4) either before or after the commencement of a hearing under this Act but may not be accepted after a charge has been laid against the person in respect of the alleged offence.
124.2(8)If a person has made a payment of a fine under subsection (4) respecting an alleged offence, the Minister and the Adjudicator,
(a) if the offence is a first offence, shall not commence or shall cease to conduct any investigation into or hearing in relation to the alleged offence, as the case may be, shall impose no other fine and shall not cancel or suspend the person’s licence or permit, and
(b) if the offence is a second or third offence, may proceed with any investigation into or hearing in relation to the alleged offence, as the case may be, and may cancel or suspend the person’s licence or permit in accordance with this Act and the regulations but shall not impose any other fine.
124.2(9)A person who has paid a fine imposed under subsection (1) or (2) or has paid a fine under subsection (4) shall be deemed to have been convicted of the alleged offence respecting which the payment was made and the payment shall constitute a full satisfaction, release and discharge of all fines and imprisonments that could have been imposed if the person had been convicted in a court.
1992, c.90, s.82; 1993, c.67, s.14; 1994, c.35, s.2; 1996, c.33, s.4; 1999, c.30, s.9; 2005, c.9, s.2; 2008, c.57, s.10
Decisions of Adjudicator
124.21(1)The Adjudicator shall render decisions in writing and shall forthwith give a copy of the decision and, upon request, a copy of the findings of fact upon which the Adjudicator rendered the decision and of the reasons for the decision
(a) to the licensee or permittee affected by the decision, and
(b) to all persons who were heard at or made representations in connection with a hearing held under section 124.11.
124.21(2)Subsection 124.6(1) applies with the necessary modifications to the manner of giving copies under subsection (1).
1992, c.90, s.82
Idem
124.3A decision of the Adjudicator is final.
1992, c.90, s.82
Sale or forfeiture of stock, notice, issue of licence
124.31(1)The Minister may give written authorization to a licensee or permittee, other than a UVin/UBrew licensee, whose licence or permit is cancelled, suspended, forfeited or rendered void and who has liquor stocks on hand, or to a person beneficially entitled to such stocks, to sell all or part of the stocks, in accordance with any conditions set out in the authorization, to a person who is of the full age of nineteen years and is not otherwise disqualified from having or consuming liquor, and may give written authorization to such a purchaser to purchase the stocks.
124.31(2)A licensee or a permittee, other than a brewer licensee or a UVin/UBrew licensee, who receives a notice of cancellation or suspension shall, if the notice so directs, forthwith deliver to the Minister all liquor of which the licensee or permittee has possession or control to be forfeited to the Crown in right of the Province for destruction or other disposal according to the direction of the Minister.
124.31(3)The Minister shall notify those persons the Minister considers advisable and those whom the Minister is required to notify by regulation of the cancellation or suspension of a licence or permit.
124.31(4)The Minister shall not issue a licence to a person whose licence has been previously cancelled or in respect of premises to which applied any licence that has been cancelled except as provided for in this Act.
1992, c.90, s.82; 1993, c.67, s.15; 2008, c.57, s.11; 2023, c.17, s.141
Appointment of Adjudication Board
124.4(1)Notwithstanding any other provision of this Act, the Minister may, instead of appointing an Adjudicator under section 124.1, appoint an Adjudication Board in accordance with the regulations.
124.4(2)An Adjudication Board shall be established, composed, administered and compensated, follow procedures, conduct hearings, exercise powers, render decisions and otherwise function in accordance with the regulations.
1992, c.90, s.82
Effective date, expiry date, renewal and conditions
124.41(1)Licences and permits become effective on the date stipulated in the licence or permit.
124.41(2)Licences and permits expire
(a) if no expiry date is set out in the licence or permit, on the expiry date prescribed by regulation,
(b) subject to paragraph (c), if an expiry date is set out in the licence or permit, on that date, or
(c) for a special occasion permit, on the date and at the time set out in the permit.
124.41(3)The Minister may renew a licence or permit on its expiry date if
(a) the licensee or permittee delivers to the Minister
(i) an application in the form provided by the Minister,
(ii) any further documentation, information, descriptions and plans required by the Act, the regulations or the Minister, and
(iii) the fee prescribed by regulation, and
(b) the Minister has no reason to believe that
(i) the licensee or permittee is not complying with this Act, the regulations and any conditions attached to the licence or permit, including the requirements that would have to be met if the licence or permit were being issued for the first time, and
(ii) the operation of the business operated under the licence or permit and the premises in respect of which the licence or permit was issued do not conform to this Act, the regulations and any conditions attached to the licence or permit, including the requirements that would have to be met if the licence or permit were being issued for the first time.
124.41(4)The Minister may attach conditions to a licence or permit renewed under this section.
1992, c.90, s.82; 1994, c.35, s.3
Cancellation or suspension of licence for conviction under Smoke-free Places Act
124.42(1)Despite any other provision of this Act, the Minister, without a hearing and in accordance with the regulations, may cancel a licence of a class referred to in subsection 72.1(1) or suspend the licence for a period of time the Minister considers appropriate if the licensee has been convicted of an offence under section 6, subsection 7(1) or section 8 of the Smoke-free Places Act that took place within the premises in respect of which the licence was issued.
124.42(2)A decision of the Minister under subsection (1) is final.
2005, c.9, s.3; 2011, c.20, s.18
Cancellation or suspension of licence for conviction under Gaming Control Act
124.43(1)Despite any other provision of this Act, the Minister may, without a hearing and in accordance with the regulations, cancel a licence referred to in subsection 72.2(1) or suspend the licence for a period of time the Minister considers appropriate if the licensee has been convicted of an offence under section 33 of the Gaming Control Act that took place within the premises in respect of which the licence was issued.
124.43(2)A decision of the Minister under subsection (1) is final.
2008, c.57, s.12
GIVING OR SERVING OF DOCUMENTS
Signing documents
124.5Written notices, orders, directions, licences, permits or permissions by or from the Adjudicator or the Minister, unless otherwise expressly provided for, may be signed by the Adjudicator or by a person designated by the Minister under section 1.1, as the case may be.
1992, c.90, s.82
Giving of notice of cancellation or suspension
124.6(1)The Adjudicator or the Minister, as the case may be, shall give the holder of a licence or permit notice of the cancellation or suspension of the licence or permit
(a) by mailing by certified mail a written notice addressed to the holder at the address given in the licence or permit, or
(b) by personal service on the holder of the licence or permit or on a person in apparent charge, at the time of service, of the licensed premises.
124.6(2)A notice of cancellation or suspension takes effect on the day and at the hour stipulated in the notice.
124.6(3)A notice of suspension shall state the period of time during which a licence or permit is to remain suspended, or whether the period is indeterminate.
1992, c.90, s.82
Giving or serving of other documents
124.7Subject to subsection 124.21(2) and section 124.6, documents referred to in section 124.5 may be given or served by being mailed by certified mail to the person for whom the document is intended and the document takes effect on the day and at the hour stipulated in the document.
1992, c.90, s.82
Records of mailing
124.8The Adjudicator or the Minister, as the case may be, shall keep a record of the mailing of any document by certified mail and, until the contrary is proved, a document given or served by mail in accordance with paragraph 124.6(1)(a) or section 124.7 shall be deemed to have been mailed to the person for whom it is intended at the time shown in the record and prima facie proof to that effect may be given by a certificate of the Adjudicator or the Minister, as the case may be.
1992, c.90, s.82
APPEAL
Appeal of Adjudicator’s decision to Court of Appeal
124.9(1)Notwithstanding section 124.3, a licensee or permittee affected by a decision of the Adjudicator or a person who made representations in respect of a hearing before the Adjudicator may, within fifteen days after being notified of the decision, appeal it to the Court of Appeal on the grounds of jurisdiction or on a question of law or mixed law and fact.
124.9(2)A Notice of Appeal shall be served on the Adjudicator and on such other persons as the Court of Appeal directs.
124.9(3)The Rules of Court apply to an appeal under this section.
1992, c.90, s.82
MISCELLANEOUS AND
REGULATIVE PROVISIONS
Repealed
125Repealed: 1992, c.90, s.83
1961-62, c.3, s.110; 1974, c.26 (Supp.), s.3; 1989, c.20, s.64; 1992, c.90, s.83
Concession at special event
125.1(1)In this section
“concessionaire” means a licensee given a concession under subsection (2).
125.1(2)Notwithstanding any other provision of this Act, a special events licensee may, in exchange for consideration established by that licensee, give a concession to a licensee listed in subsection (3), the concessionaire may operate that concession during the event to which the special events licence applies in accordance with this section and the special events licensee in such circumstances may refrain from selling liquor during the event.
125.1(3)A concession may be given under subsection (2) to
(a) Repealed: 1996, c.37, s.23
(b) a dining-room licensee,
(c) a lounge licensee, or
(d) a special facility licensee.
125.1(4)A special events licensee may establish the area within the special events licensee’s licensed premises in which a concessionaire may operate a concession.
125.1(5)Notwithstanding any other provision of this Act, a person buying liquor from a concessionaire at a concession given under this section may consume the liquor anywhere in the licensed premises of the special events licensee.
125.1(6)A concessionaire shall not sell from a concession any liquor that the concessionaire is not authorized to sell under the concessionaire’s own licence.
125.1(7)A concessionaire shall comply, shall ensure that all the agents and employees of the concessionaire comply and shall ensure that the sale of liquor at the concessionaire’s concession conforms with
(a) any conditions attached to the licence of the special events licensee in respect of the sale of liquor by concession,
(b) any provisions of this Act and the regulations in respect of the sale of liquor by concession,
(c) any provisions of this Act and the regulations not in conflict with this section that apply to the concessionaire as a licensee, and
(d) any conditions attached to the license of the concessionaire that are not in conflict with this section.
1992, c.90, s.84; 1993, c.67, s.16; 1996, c.37, s.23
Age limits
126(1)Repealed: 1989, c.20, s.65
126(2)No person under the age of nineteen years shall enter, be in, or remain in, a licensed lounge unless accompanied by a parent or spouse.
126(3)The owner or operator of a licensed lounge shall not permit or authorize any person under the age of nineteen years to enter, be in or remain in, the lounge except as provided in subsection (2).
126(4)No liquor of any kind shall be bought by, sold to or given a person under the age of nineteen years or consumed by him while he is within licensed premises except as provided for in this Act.
1961-62, c.3, s.111; 1972, c.5, s.2; 1972, c.43, s.14; 1984, c.50, s.14; 1989, c.20, s.65
Minor may enter lounge for employment purposes
126.1Notwithstanding any other provision of this Act, a person under the age of nineteen years may enter, be in or remain in, and an owner or operator may permit a person under the age of nineteen years to enter, be in or remain in, a licensed lounge for purposes of his employment.
1983, c.47, s.15; 1989, c.20, s.66
Grant of temporary exemption for non-alcoholic event
126.2(1)Notwithstanding any other provision of this Act, a lounge licensee may apply in writing to the Minister for a temporary exemption from the licensee’s lounge licence, for the purpose of using the licensed premises for the holding of a non-alcoholic event that may be attended by a person under the age of nineteen years in accordance with this section.
126.2(2)An application under subsection (1) shall contain a description of the proposed event and of the areas of the licensed premises in which it is to be held.
126.2(3)The Minister, if satisfied that it is in the best interests of the public having regard to the circumstances existing in respect of the application, may grant a temporary exemption to an applicant under subsection (1) by means of a letter, in which the Minister shall set out the circumstances in which the exemption applies, shall describe the type of event and the areas of the licensed premises where the event may be held and may attach any conditions the Minister considers appropriate.
126.2(4)A licensee to whom an exemption has been granted under subsection (3) shall notify the Minister of the date of any event to which the exemption applies before the holding of the event.
126.2(5)During an event to which an exemption granted under subsection (3) applies, no person shall
(a) enter the licensed premises where the event is being held after having consumed liquor in any quantity,
(b) take liquor into the licensed premises, or
(c) buy, sell, give to any person or consume liquor in the licensed premises.
126.2(6)Notwithstanding any other provision of this Act, a person under the age of nineteen years may enter, be in and remain in, and an owner or operator may permit a person under the age of nineteen years to enter, be in or remain in, a licensed premises in order to attend an event to which an exemption granted under subsection (3) applies.
126.2(7)A licensee to whom an exemption has been granted under subsection (3) shall comply, shall ensure that all agents and employees of the licensee comply and shall ensure that an event to which the exemption applies conforms with any conditions attached to the exemption and with the provisions of this Act and the regulations.
126.2(8)Notwithstanding any other provision of this Act, the Minister may, without a hearing, cancel an exemption forthwith if the Minister believes, on reasonable and probable grounds, that the licensee to whom the exemption has been granted, an agent or employee of the licensee or any other person attending an event to which the exemption applies is in breach of a condition attached to the exemption or a provision of this Act or the regulations.
1992, c.90, s.85; 1993, c.67, s.17; 1996, c.37, s.24
Duties of licensee, hours of liquor service and tolerance periods
127(1)No person who holds a licence under this Act shall sell or give or cause or permit to be sold or given upon the licensed premises any liquor,
(a) except during the hours and on the days when it may be lawfully sold,
(b) of a kind that is not lawful for him to sell under his licence, and
(c) of a quality not satisfactory to the Minister.
127(1.1)No wine serving licensee shall serve or cause or permit to be served in the licensed premises any wine
(a) except during the hours and on the days when it may be lawfully served, and
(b) of an amount or kind that is not lawful for the licensee to serve under the wine serving licence.
127(2)The Minister may by order prescribe the hours of liquor service for the purposes of subsections (1) and (1.1), and may by order prescribe tolerance periods during which persons may, after the closing hour prescribed for liquor service, finish the consumption of the liquor served to them before the closing hour.
127(3)The hours of liquor service and the tolerance periods mentioned in subsection (2) may vary for different classes of licence, for club licensees certified by the Minister as carrying on sports activities for its members in good faith, for the areas of the premises approved under section 89 and for any portions or areas of the premises set out in the order.
127(4)Despite subsection (2), the Minister may determine the hours of liquor service and tolerance periods for an extended hours licence.
127(5)The hours of liquor service and tolerance periods mentioned in subsection (4) may vary for different extended hours licensees.
127(6)The Regulations Act does not apply to a determination of the Minister under subsection (4).
1961-62, c.3, s.112; 1963 (2nd Sess.), c.27, s.14; 1966, c.76, s.5; 1968, c.35, s.12; 1974, c.26 (Supp.), s.3; 1989, c.20, s.67; 1992, c.90, s.86; 1993, c.67, s.18; 1999, c.30, s.10; 2008, c.57, s.13
Hours of liquor service of licensed premises
128No licensed premises shall be open for the sale, serving or consumption of liquor
(a) except during the hours prescribed by the Minister,
(b) on any holiday prescribed by regulation, and
(c) on such other days or during such other periods as are prescribed by regulation.
1961-62, c.3, s.113; 1963 (2nd Sess.), c.27, s.15; 1965, c.25, s.5; 1968, c.35, s.13; 1970, c.29, s.10, 11; 1974, c.26 (Supp.), s.3; 1989, c.20, s.68; 1992, c.90, s.87; 1993, c.67, s.19; 1999, c.30, s.11
Sale of liquor to registered guest of hotel
128.1The owner or operator of a hotel who holds a subsisting licence issued under this Act in respect of premises in the hotel may sell the liquor purchased from the Corporation under the authority of the licence to a bona fide registered guest of the hotel for consumption in the room of the registered guest, if such liquor is served to the registered guest in the room of the registered guest and if the registered guest is of the full age of nineteen years and is not otherwise disqualified under this Act from having or consuming liquor.
1989, c.20, s.69; 1996, c.37, s.25
Form of payment for liquor
129(1)Subject to subsections (2) and (3), no person holding a licence under this Act shall take, receive or accept anything except current money in payment for, or on account of, any liquor supplied by the licensee, and no licensee shall, directly or indirectly, give or allow credit, in whole or in part, for or on account of any liquor sold, supplied or to be supplied by the licensee, or advance any money for the purchase of liquor.
129(2)Where liquor is purchased in any licensed premises, credit may be given to the purchaser for the sale price of the liquor if the sale price of the liquor is charged to the purchaser under established credit arrangements approved by the Minister.
129(2.1)Repealed: 1987, c.33, s.1
129(3)No licensee to whom subsection (1) refers shall take or receive any money or money’s worth by way of a deposit or pledge for the purpose of securing the price of liquor to be supplied by the licensee at any future time.
129(4)No licensee to whom subsection (1) refers shall, in any room in which liquor is served or consumed in the premises with respect to which his licence is issued, cash or negotiate a cheque, order or other evidence of indebtedness, given in payment of wages or salary, nor shall he permit any other person to do so therein.
129(5)No person shall, in any room in which liquor is served or consumed in any licensed premises, cash or negotiate a cheque, order or other evidence of indebtedness, given in payment of wages or salary.
129(6)Any money or security, or any deposit paid, given or pledged in contravention of this section, or the full value thereof, may be recovered in any court of competent jurisdiction, by the person making the deposit, payment, gift or pledge, from the licensee, free of all claims of the licensee, and, in addition, the licensee is liable to any penalty for breach of this section.
1961-62, c.3, s.114; 1974, c.26 (Supp.), s.3; 1984, c.50, s.15; 1987, c.33, s.1; 1992, c.90, s.88
Liquor to be consumed in licensed premises
130Except as provided in this Act or in the regulations, liquor purchased from the holder of a licence of a class referred to in paragraph 63(b), (c), (d), (g) or (j), shall not be consumed elsewhere than in the licensed premises in which it is purchased.
1961-62, c.3, s.115; 1974, c.26 (Supp.), s.24; 1989, c.20, s.70; 1996, c.37, s.26
IDENTIFICATION PERMITS
Demand for proof of age by licensee
131Where a person who appears to be under nineteen years of age asks to purchase liquor from a licensee under this Act or asks to be given any liquor, the licensee or any other person to whom the request is made may, before acceding to the request, demand that proof of age satisfactory to the licensee or other person be produced by the person, and in any such case proof in accordance with section 131.2 shall be taken to be satisfactory proof of age.
1961-62, c.3, s.116; 1972, c.5, s.2; 1992, c.90, s.89
Demand for proof of age by peace officer
131.1Where a person who appears to be under nineteen years of age asks to purchase liquor from a licensee under this Act or asks to be given any liquor, a peace officer may demand that proof of age satisfactory to the peace officer be produced by the person, and in any such case proof in accordance with section 131.2 shall be taken to be satisfactory proof of age.
1984, c.50, s.16; 1989, c.20, s.71; 1992, c.90, s.90
Proof of age
131.2For the purposes of this Act and the regulations, proof that a person is of the full age of nineteen years shall consist only of
(a) a valid identification permit issued under section 45 to the person offering it as proof,
(b) a valid identification document bearing a photograph of the person offering it and establishing to the satisfaction of the person to whom it is offered that the person offering it is of the full age of nineteen years, or
(c) proof in accordance with the regulations.
1992, c.90, s.91; 2008, c.57, s.14
III.1
TAX
2007, c.23, s.1
Tax
131.3(1)In this section
“licensee” means the person named as the licensee in any of the following licences at any time after February 28, 1998, and before February 27, 2004:(titulaire d’une licence)
(a) a lounge licence;
(b) a dining-room licence;
(c) a special facility licence;
(d) a club licence;
(e) a catering licence;
(f) a special events licence; or
(g) an in-house brewery licence;
“permittee” means the person named as the permittee in a special occasion (resale) permit at any time after February 28, 1998, and before February 27, 2004;(titulaire d’un permis)
“Province” means the Crown in right of the Province;(province)
“purchaser” means any person who, within New Brunswick, at any time after February 28, 1998, and before February 27, 2004,(acheteur)
(a) purchased liquor for his or her own use or consumption or for the use or consumption by other persons at his or her expense, or
(b) purchased liquor on behalf of or as an agent for a principal who was acquiring such liquor for use or consumption by the principal or by other persons at the expense of the principal.
131.3(2)Every purchaser shall pay to the Province for the purpose of raising revenue for Provincial purposes a tax in respect of the use or consumption of all liquor purchased by him or her in the licensed premises of a licensee or permittee at any time after February 28, 1998, and before February 27, 2004, computed at the rate of 5% of the purchase price.
131.3(3)The tax shall be in addition to every other tax paid by the purchaser in respect of the purchase of the liquor.
131.3(4)A purchaser shall be deemed to have paid the tax at the time he or she purchased the liquor.
131.3(5)At any time after February 28, 1998, and before February 27, 2004, a licensee or permittee shall be deemed to have been an agent of the Province for the purpose of collecting the tax and shall be deemed to have collected the tax from the purchaser at the time the purchaser purchased the liquor and to have remitted the tax to the Province.
131.3(6)No allowance or commission is payable to licensees or permittees for their services in collecting and remitting the tax.
131.3(7)Where, at any time after February 28, 1998, and before February 27, 2004, money was collected or purported to have been collected as user charges pursuant to New Brunswick Regulation 89-167 under this Act, the money shall by this section be conclusively deemed to have been collected and retained by the Province, without compensation, as payment for the tax notwithstanding any judgment obtained by any person for recovery of any of the money, whether the judgment is obtained before, on or after the enactment of this section.
131.3(8)Repealed: 2015, c.6, s.11
2007, c.23, s.1; 2015, c.6, s.11; 2023, c.17, s.141
IV
PROHIBITIONS AND PENALTIES
Respecting sale of liquor
132Except as provided by this Act or the regulations, no person shall, within the Province, by himself, his clerk, employee, servant or agent, expose or keep for sale, or directly or indirectly or upon any pretence or upon any device, sell or offer to sell, liquor.
1961-62, c.3, s.117
Respecting the provision of services and equipment
132.1Except as provided by this Act or the regulations, no person shall provide services or access to equipment to persons for the purpose of manufacturing wine or beer at a UVin/UBrew establishment.
2008, c.57, s.15
Respecting possession of liquor
133Except as provided by this Act or the regulations, no person shall have liquor in his possession within the Province.
1961-62, c.3, s.118
Respecting purchase or possession of liquor not purchased from Corporation
134Except as provided by this Act or the regulations, no person, within the Province, by himself, his clerk, employee, servant or agent shall
(a) attempt to purchase, or directly or indirectly or upon any pretence, or upon any device, purchase liquor, nor
(b) have or keep liquor,
not purchased from the Corporation.
1961-62, c.3, s.119; 1963 (2nd Sess.), c.27, s.16; 1966, c.76, s.6; 1974, c.26 (Supp.), s.4
Exemption
135Nothing in sections 132, 133 and 134 applies to the possession by a sheriff or his deputy or agent of liquor seized under execution or other judicial or extra-judicial process, nor to sales under executions or other judicial or extra-judicial process to the Corporation.
1961-62, c.3, s.120; 1974, c.26 (Supp.), s.4
Price of liquor
135.1No licensee and no employee or agent of a licensee shall sell or offer to sell liquor at a price that is less than the price determined in accordance with the regulations.
1999, c.35, s.2
Respecting place of consumption of liquor and intoxicated persons
136(1)Except as expressly provided by this Act or the regulations, no person shall consume liquor in any place other than a residence.
136(1.1)Notwithstanding any other provision of this Act, persons who are not prohibited by law from having or consuming liquor may consume liquor that is given to them during the holding of a wedding reception in a church hall or other community hall that is not a licensed premises, and the hosts of the wedding reception or their agents or employees may give liquor to such persons during the reception.
136(1.2)No person shall buy or sell liquor in a church hall or other community hall during the holding of a wedding reception described in subsection (1).
136(2)No person shall be in an intoxicated condition in any licensed premises.
1961-62, c.3, s.122; 1972, c.43, s.15; 1992, c.90, s.92
Person under nineteen years of age
137(1)No person shall sell, give, serve, buy for or on behalf of or supply liquor to a person under the age of nineteen years and no person shall sell, give, serve, buy for or on behalf of or supply liquor to a person appearing to be under the age of nineteen years without first obtaining proof in accordance with section 131.2 that such person is of the full age of nineteen years and in any prosecution under this section, the judge shall determine from the appearance of such person and other relevant circumstances whether the person appears to be under the age of nineteen years.
137(1.1)Despite subsection 56(5) of the Provincial Offences Procedure Act, if a person commits an offence under subsection (1), the minimum fine that may be imposed is $480.
137(2)Subsection (1) does not apply to the supplying of liquor to a person under the age of nineteen years for beverage or medicinal purpose by the parent, guardian or spouse of such person, or to the administering of liquor to such person by a medical practitioner or dentist for medicinal purposes or as provided by this Act or the regulations.
137(3)Before serving in a licensed premises any person who appears to be under nineteen years of age, the licensee or a person who serves liquor may demand proof in accordance with section 131.2 that the person is of the full age of nineteen years and, if the person refuses to furnish the proof, they shall not be served and on demand of the licensee or person who serves liquor, shall leave the licensed premises, and if they fail to do so, they are guilty of an offence and may be ejected from the licensed premises.
137(3.1)If a person from whom a peace officer has demanded proof of age under section 131.1 refuses to furnish the proof, the person shall not be served, and on demand of the peace officer they shall leave the licensed premises, and if they fail to do so, they are guilty of an offence and the peace officer may eject them from the licensed premises.
137(4)Except as permitted by this Act, a person under the age of nineteen years is guilty of an offence if they have in their possession or consume liquor or they, by themselves or through the agency of another,
(a) buy, accept service of or are supplied liquor, or
(b) attempt to buy, obtain service of or be supplied liquor.
137(5)A person under the age of nineteen years may have in his possession and consume liquor administered to him or prescribed for him by a medical doctor for medical purposes.
137(6)Despite subsection 126(4), a person under the age of nineteen years may consume liquor in the presence of their parent or spouse in the following circumstances: 
(a) in a residence, if the liquor is supplied to them for beverage purposes by their parent or spouse;
(b) during the holding of a wedding reception in a church hall or other community hall in accordance with subsections 136(1.1) and (1.2), if the beer and wine is supplied to them for beverage purposes with meals by their parent or spouse, and
(c) in any licensed premises, if the beer and wine is supplied to them for beverage purposes with meals by their parent or spouse.
1961-62, c.3, s.123; 1963(2nd Sess.), c.27, s.18; 1965, c.25, s.6; 1966, c.76, s.7, 8; 1972, c.43, s.16; 1972, c.5, s.2; 1984, c.50, s.17; 1989, c.20, s.72; 1992, c.90, s.93; 1993, c.67, s.20; 1996, c.33, s.5; 1996, c.37, s.27; 2020, c.33, s.16
Respecting person under nineteen years of age and licensed premises
137.1(1)No person under the age of nineteen years shall give, serve, sell or supply liquor to any person in licensed premises.
137.1(2)No licensee or permittee shall employ or permit any person under the age of nineteen years to act in any way in connection with the giving, serving, selling or supplying of liquor to any person in licensed premises, except a licensee may employ or permit a person under the age of nineteen years to stock unopened containers if the employee is under the direct and continual supervision of the licensee or another employee who is the full age of nineteen years.
1996, c.33, s.6; 2020, c.33, s.17
Mandatory training program
2020, c.33, s.18
137.2(1)No person shall give, serve, sell or supply liquor in licensed premises unless the person has successfully completed a training program designated by regulation.
137.2(2)No licensee or permittee shall employ or permit any person to act in any way in connection with the giving, serving, selling or supplying of liquor in licensed premises unless the person has successfully completed a training program designated by regulation.
137.2(3)No person shall deliver liquor that is sold with food purchased for delivery unless the person has successfully completed a training program designated by regulation.
137.2(4)No licensee shall employ or permit any person to deliver liquor that is sold with food purchased for delivery unless the person has successfully completed a training program designated by regulation.
2020, c.33, s.18
Respecting provision of liquor to intoxicated person
138No person shall provide liquor to any person apparently under the influence of liquor.
1961-62, c.3, s.124; 1971, c.43, s.17
Respecting mixing of liquor with other substances
139(1)No licensee of licensed premises and no employee thereof, or any other person, shall for any purposes whatsoever, mix or permit or cause to be mixed with any liquor kept for sale, sold or supplied by him as a beverage, any drug or any form of methylic alcohol or any crude, unrectified or impure form of methylic alcohol or any other deleterious substance or liquid.
139(2)No person shall have for sale or keep for sale or sell any beer to which has been added any substance other than beer.
1961-62, c.3, s.125
Offence respecting possession of liquor in hotel
140(1)No person shall have or keep liquor in a room in a hotel unless
(a) he is the owner, proprietor, manager or operator thereof and actually resides therein,
(b) he is an employee resident and employed therein,
(c) he is a bona fide guest in the hotel duly registered in the office thereof as occupant of that room, and has baggage and personal effects belonging to him in the hotel, or
(d) he is a bona fide guest of any of the persons to whom paragraphs (a) (b) and (c) refer.
140(2)This section does not apply in the case of
(a) liquor lawfully kept by a licensee, or
(b) liquor had or kept in a hotel under an occasional permit for consumption in the hotel at the banquet for which the permit was issued.
1961-62, c.3, s.126
Conflicts of interest of employees or agents
141(1)No employee or agent of the Corporation, no employee under the Civil Service Act who carries out duties in relation to the issuance or renewal of licences or permits or to inspections and no Adjudicator shall directly or indirectly, individually or as a member of a partnership or corporation, have any interest whatsoever or receive any commission, profit or remuneration from any other business or undertaking dealing in liquor, except an employee or agent of the Corporation may receive remuneration from a business or undertaking in liquor for outside employment with the business or undertaking if the employee or agent is employed by the business or undertaking outside his or her normal working hours.
141(2)No person selling or offering for sale liquor to, or purchasing liquor from, the Corporation shall, either directly or indirectly, offer to pay any commission, profit or remuneration to any agent or employee of the Corporation, or to any person on behalf of the agent or employee, except a person selling or offering for sale liquor to, or purchasing liquor from, the Corporation may offer to pay remuneration to an employee or agent of the Corporation for outside employment with that person if the employee or agent is employed by that person outside his or her normal working hours.
141(3)Repealed: 1974, c.26 (Supp.), s.25
1961-62, c.3, s.127; 1974, c.26 (Supp.), s.25; 1992, c.90, s.94; 2020, c.33, s.19
Offence respecting advertising
142(1)Except as permitted in this Act or the regulations, no person shall
(a) canvass for, receive, take or solicit orders for the purchase or sale of any liquor or act as agent or intermediary for the sale or purchase of any liquor, or hold himself out as such agent or intermediary,
(b) exhibit or display, or permit to be exhibited or displayed any sign or poster containing the words “bar”, “bar-room”, “saloon”, “spirits”, or “liquors” or words of like import,
(c) exhibit or display, or permit to be exhibited or displayed any advertisement or notice of or concerning liquor by an electric or illuminated sign, contrivance or device, or on any boarding, signboard, billboard or other place in public view or by any of the means aforesaid, advertise any liquor, or
(d) advertise the services provided by a UVin/UBrew licensee.
142(2)This section does not apply to any advertisement respecting liquor in premises where the liquor may be lawfully stored, kept or sold under this Act or the regulations.
142(3)Repealed: 1996, c.37, s.28
142(4)This section does not apply
(a) to the Corporation nor to any act of the Corporation, nor to any liquor store, or
(b) to the receipt or transmission of a telegram or letter by any telegraph agent or operator or post office employee in the ordinary course of his employment as such agent, operator or employee.
1961-62, c.3, s.128; 1971, c.43, s.18; 1974, c.26 (Supp.), s.3, 4; 1992, c.90, s.95; 1996, c.37, s.28; 2008, c.57, s.16
Use of licence, permit or form of identification
142.1(1)No person shall display, cause to be displayed or otherwise use any licence or permit, other than an identification permit, not authorized by this Act or regulations.
142.1(2)No person shall use for the purposes of this Act any form of identification that is not issued to him or does not bear his true age.
1975, c.84, s.5
Repealed
143Repealed: 1974, c.26 (Supp.), s.26
1961-62, c.3, s.129; 1974, c.26 (Supp.), s.26
Repealed
144Repealed: 1974, c.26 (Supp.), s.26
1961-62, c.3, s.130; 1974, c.26 (Supp.), s.26
Repealed
145Repealed: 1974, c.26 (Supp.), s.26
1961-62, c.3, s.131; 1974, c.26 (Supp.), s.26
Repealed
146Repealed: 1974, c.26 (Supp.), s.26
1961-62, c.3, s.132; 1972, c.43, s.17; 1974, c.26 (Supp.), s.26
Repealed
147Repealed: 1974, c.26 (Supp.), s.26
1961-62, c.3, s.133; 1974, c.26 (Supp.), s.26
PENALTIES
Offences
148(1)Subject to subsection (1.1), a person who violates or fails to comply with any provision of the regulations commits an offence.
148(1.1)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 200(1)(q.6) commits an offence of the category prescribed by regulation.
148(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
148(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1961-62, c.3, s.134; 1983, c.4, s.14; 1990, c.61, s.72; 1992, c.90, s.96
Repealed
149Repealed: 1990, c.61, s.72
1961-62, c.3, s.135; 1972, c.43, s.18; 1990, c.61, s.72
Repealed
150Repealed: 1990, c.61, s.72
1961-62, c.3, s.136; 1965, c.25, s.7; 1972, c.43, s.19; 1974, c.26 (Supp.), s.27; 1990, c.61, s.72
Repealed
151Repealed: 1990, c.61, s.72
1961-62, c.3, s.137; 1965, c.25, s.8; 1972, c.43, s.20; 1990, c.61, s.72
Repealed
152Repealed: 1990, c.61, s.72
1961-62, c.3, s.138; 1972, c.43, s.21; 1990, c.61, s.72
Repealed
153Repealed: 1990, c.61, s.72
1961-62, c.3, s.139; 1971, c.43, s.18; 1972, c.43, s.22; 1974, c.26 (Supp.), s.4; 1989, c.20, s.73; 1990, c.61, s.72
Repealed
154Repealed: 1990, c.61, s.72
1961-62, c.3, s.140; 1970, c.29, s.12; 1972, c.43, s.23; 1990, c.61, s.72
Repealed
155Repealed: 1990, c.61, s.72
1961-62, c.3, s.141; 1963 (2nd Sess.), c.27, s.19; 1972, c.43, s.24; 1990, c.61, s.72
Repealed
156Repealed: 1990, c.61, s.72
1961-62, c.3, s.142; 1965, c.25, s.9; 1966, c.76, s.9; 1968, c.35, s.14; 1972, c.43, s.25; 1974, c.26 (Supp.), s.3; 1987, c.32, s.3; 1990, c.61, s.72
Repealed
157Repealed: 1974, c.26 (Supp.), s.28
1961-62, c.3, s.143; 1972, c.43, s.26; 1974, c.26 (Supp.), s.28
Repealed
158Repealed: 1990, c.22, s.28
1961-62, c.3, s.144; 1979, c.41, s.75; 1980, c.32, s.17; 1990, c.22, s.28
Repealed
159Repealed: 1990, c.61, s.72
1961-62, c.3, s.145; 1974, c.26 (Supp.), s.3; 1979, c.41, s.75; 1988, c.42, s.29; 1990, c.61, s.72
Repealed
160Repealed: 1990, c.61, s.72
1961-62, c.3, s.146; 1990, c.61, s.72
Repealed
161Repealed: 1990, c.61, s.72
1961-62, c.3, s.147; 1990, c.61, s.72
V
ENFORCEMENT OF ACT
SEARCH AND SEIZURE
Inspectors
161.1(1)The Minister may designate persons as inspectors for the purposes of this Act.
161.1(2)Repealed: 1992, c.90, s.97
161.1(3)Repealed: 1986, c.50, s.6
161.1(4)The Minister may establish the duties of inspectors.
161.1(5)An inspector has the power and authority of a peace officer and is ex officio a peace officer within the meaning of the law for the protection of peace officers and shall be deemed to be a person employed for the preservation and maintenance of the public peace.
161.1(6)Repealed: 1992, c.90, s.97
1974, c.26 (Supp.), s.29; 1986, c.50, s.6; 1989, c.20, s.74; 1992, c.90, s.97
Designation of park warden as peace officer
161.2(1)The Minister may, for the purpose of enforcing sections 132, 133 and 134 and subsections 136(1), (1.2) and (2) and 137(1) and (4) in national parks established under the National Parks Act (Canada), designate any park warden as defined in the National Parks Act (Canada) to be a peace officer and to have the powers of a peace officer under this Act and the Provincial Offences Procedure Act.
161.2(2)A document or card that purports to be a designation under subsection (1)
(a) shall be admissible in evidence without proof of signature, and
(b) shall be prima facie proof that the holder of the document or card has been duly designated under subsection (1).
1989, c.20, s.75; 1990, c.22, s.28; 1992, c.90, s.98; 2000, c.26, s.178
Repealed
162Repealed: 1990, c.22, s.28
1961-62, c.3, s.148; 1970, c.29, s.13; 1989, c.20, s.76; 1990, c.22, s.28
Emergency powers of inspector
162.1An inspector appointed under Part V, in an emergency,
(a) may order the immediate closing of a licensed premises, and
(b) may suspend a permit,
for a period not exceeding twenty-four hours.
1975, c.84, s.6
Repealed
162.2Repealed: 1990, c.22, s.28
1985, c.42, s.13; 1990, c.22, s.28
Inspector’s powers to enter, inspect, search and seize
163(1)At any time that any licensed premises are open to the public or at any time during the hours fixed by regulation for the sale, serving or consumption of liquor in licensed premises, an inspector may
(a) enter the licensed premises and any other premises connected or contiguous to the premises that are related to the operation of the licensed premises, and
(b) conduct an inspection of any such premises, whether alone or with the assistance of any persons under the inspector’s direction, and examine and copy any records located in such premises.
163(1.1)At any time during the hours fixed by the Minister for the sale, serving or consumption of liquor in premises specified in a special occasion permit granted under section 47, an inspector may
(a) enter the premises specified in the permit and any other premises connected or contiguous to the premises specified in the permit that are related to the operation of the premises specified in the permit, and
(b) conduct an inspection of any such premises, whether alone or with the assistance of any persons under the inspector’s direction, and examine and copy any records located in such premises.
163(1.2)An inspector may
(a) during an inspection under subsection (1) or (1.1),
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act
seize any liquor in relation to which he believes on reasonable and probable grounds that an offence under this Act or the regulations has been committed.
163(1.3)An inspector may, in the course of conducting a lawful search in respect of an offence under this Act and the regulations, seize and remove any vehicle in which he finds anything in relation to which he believes on reasonable and probable grounds that an offence under this Act or the regulations has been committed.
163(2)Repealed: 1985, c.42, s.14
163(3)Repealed: 1986, c.50, s.7
1961-62, c.3, s.149; 1963 (2nd Sess.), c.27, s.20; 1970, c.29, s.13; 1972, c.43, s.27; 1974, c.26 (Supp.), s.30; 1975, c.84, s.7; 1984, c.50, s.18; 1985, c.42, s.14; 1985, c.57, s.14; 1986, c.50, s.7; 1989, c.20, s.77; 1990, c.22, s.28; 1992, c.90, s.99; 1999, c.30, s.12
Repealed
164Repealed: 1985, c.42, s.15
1961-62, c.3, s.150; 1970, c.29, s.13; 1985, c.42, s.15
Repealed
165Repealed: 1985, c.42, s.15
1961-62, c.3, s.151; 1963 (2nd Sess.), c.27, s.21; 1970, c.29, s.13; 1985, c.42, s.15
Repealed
166Repealed: 1985, c.42, s.15
1961-62, c.3, s.152; 1970, c.29, s.13; 1985, c.42, s.15
Duty to retain seized liquor
167Subject to section 170, where liquor has been seized by a peace officer under the Provincial Offences Procedure Act or by an inspector under the authority of subsection 163(1.2), the inspector shall retain the liquor until a person has been charged with an offence under this Act or the regulations and the proceedings in relation to the seized liquor have been concluded.
1961-62, c.3, s.153; 1970, c.29, s.13; 1985, c.42, s.16; 1987, c.6, s.56; 1989, c.20, s.78; 1990, c.22, s.28
Power of peace officer to retain seized vehicle
168Subject to section 170, where a vehicle has been seized by an inspector under subsection 163(1.3), the inspector may retain the vehicle until a person has been charged with an offence under this Act or the regulations and the proceedings have been concluded.
1961-62, c.3, s.154; 1970, c.29, s.13; 1985, c.42, s.17; 1989, c.20, s.79; 1990, c.22, s.28
Forfeiture to Crown
2023, c.17, s.141
169Where a person is convicted of an offence under this Act relating to any liquor seized under subsection 163(1.2) or the Provincial Offences Procedure Act or a vehicle seized under subsection 163(1.3), the liquor, in addition to any other penalty prescribed by this Act, is forfeited to the Crown in right of the Province and the judge who makes the conviction may, in addition to the imposition of any other penalty, declare that any vehicle seized be forfeited to the Crown in right of the Province.
1961-62, c.3, s.155; 1970, c.29, s.13; 1975, c.84, s.7.1; 1985, c.42, s.18; 1987, c.6, s.56; 1990, c.22, s.28; 2023, c.17, s.141
Return or disposal of seized vehicle or liquor
170(1)Any liquor seized under subsection 163(1.2) or the Provincial Offences Procedure Act or any vehicle seized under subsection 163(1.3) shall, upon application to the person retaining the liquor or vehicle, be immediately returned to the owner of or the person in possession of the liquor or vehicle at the time of the seizure,
(a) in the case of the liquor, where a person has not been charged with an offence under this Act or the regulations within fourteen days following the seizure of the liquor,
(b) in the case of the vehicle, where a person has not been charged with an offence under this Act or the regulations within five days following the seizure of the vehicle, or
(c) where a person has been charged with an offence under this Act or the regulation and no conviction results from that charge.
(a) the owner of the liquor is not known and no one was in possession of the liquor at the time of the seizure, or
(b) no application is made to the Corporation for the return of the liquor within thirty days
(i) after the seizure, where no person is charged with an offence under this Act or the regulations, or
(ii) after dismissal or withdrawal of the charge,
the liquor shall be handed over to the Corporation.
170(3)The Corporation shall keep the liquor for thirty days and then dispose of it in any manner which the Corporation decides is appropriate unless within those thirty days a person by notice in writing to the Corporation claims that he is the owner of the liquor.
170(4)Where a person makes a claim under subsection (3) and proves to the satisfaction of the Corporation at a time and place fixed by the Corporation that he is the owner of the liquor and entitled to possess it under this Act, the Corporation shall return the liquor to that person.
170(5)Where a person makes a claim under subsection (3) and fails to prove to the satisfaction of the Corporation that he is the owner of the liquor and entitled to possess it under this Act, the Corporation shall dispose of the liquor in any manner that the Corporation decides is appropriate.
1961-62, c.3, s.156; 1970, c.29, s.13; 1972, c.43, s.28; 1974, c.26 (Supp.), s.31; 1975, c.84, s.8; 1985, c.42, s.19; 1986, c.50, s.8; 1990, c.22, s.28; 1993, c.67, s.21
Immunity
171Notwithstanding any of the provisions of this Act relating to seizure of goods, no person who is carrying out his duty under this Act is liable for any loss or damages resulting from a lawful seizure of goods except in the case of negligence.
1961-62, c.3, s.157; 1970, c.29, s.13; 1985, c.42, s.20
Investigation of railway company, express company or common carrier
172(1)For the purpose of obtaining information concerning any matter relating to the administration or enforcement of this Act, any peace officer or other officer may inspect the freight and express books and records, and all waybills, bills of lading, receipts and documents in the possession of any railway company, express company or other common carrier doing business within the Province, containing any information or record relating to any goods shipped or consigned or received for shipment or carried within the Province.
172(2)Every railway company, express company, or common carrier, and every officer or employee of any such company or carrier, who neglects or refuses to produce and submit for inspection any book, record or document referred to in this section, when requested so to do by the Minister or by a peace officer, is guilty of an offence.
1961-62, c.3, s.158; 1974, c.26 (Supp.), s.3, 32; 1989, c.20, s.80; 1992, c.90, s.100; 1993, c.67, s.22
PROSECUTIONS, EVIDENCE, ETC.
Prosecutions to be before judge
173All prosecutions for violation of this Act, and all proceedings for the imposition of punishment by fine, penalty or imprisonment, for infraction of any provision of this Act, shall be brought for hearing and determination before a judge under the provisions and procedure of the Provincial Offences Procedure Act, and those provisions and that procedure apply to all prosecutions and proceedings under this Act so far as they are consistent with this Act.
1961-62, c.3, s.159; 1990, c.22, s.28
Commencement of prosecution
173.1A prosecution for an offence under this Act shall be commenced within one year after the time it is alleged to have been committed.
2002, c.33, s.5
Repealed
174Repealed: 1990, c.22, s.28
1968, c.35, s.15; 1972, c.5, s.2; 1974, c.26 (Supp.), s.3; 1986, c.50, s.9; 1989, c.20, s.81; 1990, c.22, s.28
No conviction, exemption from prosecution
175(1)Where it is made to appear to the judge before whom a complaint under this Act is heard that the person charged was acting as a peace officer, whose duty it was to enforce this Act, or was acting under the instructions or authority of the Minister or the chief of a police force, for the purpose of enforcing any provision of this Act and of obtaining evidence upon which any person might be brought to justice, the defendant shall not be convicted.
175(2)Where upon a prosecution under this Act or under any regulation, it appears from the evidence of any witness that the witness was unlawfully present at the time or place at which the offence was committed or did unlawfully procure or attempt to procure liquor at the time and place, the judge before whom the prosecution is brought may, having regard to the demeanor of the witness and his mode of giving evidence, by certificate in that behalf, exempt the witness from prosecution for his unlawful act; but no such exemption shall be granted to any person charged with the unlawful keeping for sale or other disposal of liquor, or to the keeper or occupant of premises upon which the offence in respect of which the prosecution is brought, is alleged to have been committed.
1961-62, c.3, s.160; 1967, c.38, s.2; 1974, c.26 (Supp.), s.33; 1981, c.59, s.31; 1987, c.6, s.56; 1987, c.32, s.4; 1989, c.20, s.82; 1992, c.90, s.101
Repealed
176Repealed: 1990, c.22, s.28
1961-62, c.3, s.161; 1990, c.22, s.28
Sufficiency of description of offence or charge
177In describing the offence respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, serving, purchasing or the consumption of liquor, in any information, summons, conviction, warrant, or proceeding under this Act, it is sufficient to state the sale or keeping for sale, or disposal, having, keeping, giving, serving, purchasing, receiving, or consumption of liquor simply, without stating the name or kind of the liquor or the price of the liquor, or any person to whom it was sold, disposed of or served, or by whom it was taken or consumed, or from whom it was purchased or received; and it is not necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, served, purchased, or consumed, except in the case of offences where the quantity is essential, and then it is sufficient to allege the sale, disposal or service of more or less than that quantity.
1961-62, c.3, s.162; 1999, c.30, s.13
Repealed
178Repealed: 1990, c.22, s.28
1961-62, c.3, s.163; 1990, c.22, s.28
Repealed
179Repealed: 1990, c.22, s.28
1961-62, c.3, s.164; 1990, c.22, s.28
Duty of witness
180Every person, other than the defendant or his or her spouse, as the case may be, summoned or examined as a witness in a prosecution brought under this Act, shall answer all questions put to him or her and that are pertinent to the issue, notwithstanding that his or her answer may disclose facts tending to subject him or her to a penalty imposed by this Act; but the evidence shall not be used against him or her in a prosecution under any Act of the Legislature.
1961-62, c.3, s.165; 2008, c.45, s.12
Burden of proof
181In any prosecution under this Act for the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, serving, purchasing or consuming of liquor, it is not necessary that any witness depose to the precise description or quantity of the liquor sold, disposed of, kept, had, given, served, purchased or consumed, or the precise consideration, if any, received therefor, or to the fact of the sale or other disposal having taken place with his participation or to his own personal or certain knowledge; but the judge trying any case, so soon as it appears to him that the circumstances in evidence sufficiently establish the offence complained of, shall put the defendant on his defence, and, in default of his rebuttal of such evidence to the satisfaction of the judge, shall convict him accordingly.
1961-62, c.3, s.166; 1999, c.30, s.14
Inference of intoxicating nature of liquor
182The judge trying a case, in the absence of proof to the contrary, may infer that the liquor in question is intoxicating from the fact that a witness describes it as intoxicating, or by a name that is commonly applied to an intoxicating liquor.
1963 (2nd Sess.), c.27, s.22
Appointment of provincial analyst
182.1The Minister may appoint one or more persons to be a provincial analyst.
1974, c.26 (Supp.), s.34; 2020, c.33, s.20
Certificate of analysis as evidence
183In a prosecution or proceeding under this Act, the certificate of analysis furnished by a provincial analyst is admissible in evidence as prima facie proof of the facts stated therein and of the authority of the person giving or issuing the certificate without further proof of his appointment or signature.
1961-62, c.3, s.167
Power of judge to draw inference of fact
184Upon the hearing of a charge of selling or purchasing liquor or of unlawfully having or keeping liquor contrary to any of the provisions of this Act, the judge trying the case may draw inferences of fact
(a) from the kind and quantity of liquor found in the possession of the person accused or in any building, premises, vehicle or place occupied or controlled by that person,
(b) from the frequency with which liquor is received thereat or therein or is removed therefrom, and
(c) from the circumstances under which it is kept or dealt with.
1961-62, c.3, s.168
Required proof
185(1)In proving the sale, disposal, gift, serving or purchase, gratuitous or otherwise, or consumption of liquor, it is not necessary in any prosecution to show that any money actually passed or any liquor was actually consumed, if the judge hearing the case is satisfied that a transaction in the nature of a sale, disposal, gift, serving or purchase actually took place, or that any consumption of liquor was about to take place.
185(2)Proof of consumption or intended consumption of liquor on premises on which such consumption is prohibited, by some person not authorized to consume liquor thereon, is evidence that such liquor was sold or given to or purchased by the person consuming, or being about to consume, or carrying away the liquor against the occupant of the premises.
1961-62, c.3, s.169; 1999, c.30, s.15
Burden of proof on defendant
186In a prosecution under this Act where it appears that the defendant has done any act, or been guilty of any omission, in respect of which, were he not duly licensed or authorized, he would be liable to a penalty under this Act, it shall be incumbent upon the defendant to prove that he is duly licensed or authorized.
1961-62, c.3, s.170; 1987, c.4, s.9
Repealed
187Repealed: 1987, c.4, s.9
1961-62, c.3, s.171; 1987, c.4, s.9
Idem
188The burden of proving the right to have or keep or sell or give or purchase or consume liquor shall be on the person accused of improperly or unlawfully having or keeping or selling or giving or purchasing or consuming the liquor.
1961-62, c.3, s.172
Burden of proof to be as in civil causes
189In any prosecution under this Act it is sufficient to establish the commission of the offence charged by a preponderance of evidence according to the rules prevailing in the trial of civil causes.
1961-62, c.3, s.173
Repealed
190Repealed: 1990, c.22, s.28
1961-62, c.3, s.174; 1972, c.43, s.29; 1973, c.55, s.8; 1974, c.26 (Supp.), s.3, 35; 1986, c.50, s.10; 1989, c.20, s.83; 1990, c.22, s.28
Service on corporation, proof of incorporation
191(1)In all prosecutions, actions or proceedings under the provisions of this Act against a corporation, each summons, warrant, order, writ or other proceeding, in addition to any other manner of service that may be provided or authorized by law, may be served on the corporation
(a) by delivering it to an officer, attorney or agent of the corporation within the Province, or
(b) by leaving it at any place within the Province where the corporation carries on any business.
191(2)Service on a corporation in any other way is sufficient if the court or judge
(a) by or before whom the summons, warrant, order, writ or other proceeding was issued or is returnable, or
(b) by or before whom any proceeding subsequent to service is to be had or taken,
is of the opinion that the service has been such as to bring the summons, warrant, order, writ or other proceeding to the notice of the corporation.
191(3)It is not necessary for the prosecutor in any proceeding under this Act against a corporation to prove the fact of incorporation.
1961-62, c.3, s.175; 1987, c.6, s.56
Certificate of proof
192(1)In prosecutions or proceedings under this Act in which proof is required
(a) as to the issue, surrender, cancellation or suspension of a permit or licence duly issued under this Act,
(b) that any such permit or licence is or is not in force,
(c) as to the person who is the permittee or licensee in any such permit or licence,
(d) as to the delivery, serving, mailing or giving of any notice or document by the Adjudicator or the Minister or as to the contents of such notice or document,
(e) as to any decision of the Adjudicator or the Minister or any order, direction or permission made or given by the Minister, or
(f) as to the kind, quantity, and price of any liquor sold by the Corporation on a permit or licence, or otherwise as provided in this Act,
a certificate signed by the Minister or the Adjudicator, as the case may be, certifying to that effect is prima facie proof of the facts stated in the certificate and of the authority of the person signing it without any proof of the person’s appointment or signature.
192(2)The fact that the person charged with an offence under this Act has the same name as the person who is referred to in any certificate provided for under this Act is prima facie proof that the person charged is the person referred to in the certificate.
1961-62, c.3, s.176; 1966, c.76, s.10; 1968, c.35, s.16; 1972, c.43, s.30; 1974, c.26 (Supp.), s.3, 4; 1990, c.22, s.28; 1992, c.90, s.102
Effect of want of form
193(1)No conviction, order or warrant for enforcing the same or other process shall, upon any application by way of judicial review or for habeas corpus or upon any appeal, be held insufficient or invalid,
(a) for an irregularity, informality or insufficiency therein, or
(b) by reason of a defect of form or substance therein,
if the court or judge hearing the application or appeal is satisfied by a perusal of the depositions that there is evidence on which the judge might reasonably conclude that an offence under a provision of this Act has been committed.
193(2)In particular, the words “a defect in form or substance” include any excess or defect in the punishment imposed or order made but such inclusion does not affect the generality of those words.
1961-62, c.3, s.177; 1986, c.4, s.32
Power of court or judge on application or appeal
194(1)The court or judge hearing any such application or appeal upon being satisfied as aforesaid may
(a) confirm, reverse or modify the decision that is the subject of the application or appeal,
(b) amend the conviction or other process, or
(c) make such other conviction or order in the matter as he thinks just,
and, by such order, may exercise any power that might have been exercised at the trial and may make an order with regard to costs.
194(2)The conviction or order or the amended conviction has the same effect and may be enforced in the same manner as if it had been made at the trial or by process of the court hearing the application or appeal.
1961-62, c.3, s.178
Repealed
195Repealed: 2011, c.53, s.3
1961-62, c.31, s.179; 1979, c.41, s.75; 1980, c.32, s.17; 1983, c.4, s.14; 1986, c.4, s.32; 2011, c.53, s.3
Service of notice of motion to quash
196No motion to quash a conviction, order or warrant, made under this Act, or the regulations, shall be heard by the court or judge unless the notice of motion has been served within thirty days from the date of the conviction or order.
1961-62, c.3, s.180
APPEAL
Repealed
197Repealed: 1990, c.22, s.28
1961-62, c.3, s.181; 1990, c.22, s.28
Repealed
198Repealed: 1983, c.4, s.14
1961-62, c.3, s.182; 1983, c.4, s.14
VI
GENERAL PROVISIONS
Application of Act
199(1)The purpose and intent of this Act are to prohibit transactions in liquor that take place wholly within the Province, except under control as specifically provided by this Act; and every section and provision of this Act shall be construed accordingly.
199(2)The provisions of this Act dealing with the importation, sale, and disposition of liquor within the Province through the instrumentality of the Corporation, and otherwise, provide the means by which such control shall be made effective; and nothing in this Act forbids, affects, or regulates any transaction that is not subject to the legislative authority of the Province.
1961-62, c.3, s.183; 1974, c.26 (Supp.), s.36
Power of Minister to enter into agreements, deeming provisions
199.1(1)The Minister may enter into agreements with persons who are not employed under the Civil Service Act in respect of
(a) the provision of inspection services for all or some licensed premises,
(b) the provision of training programs as may be designated by regulation, and
(c) the issuance of special occasion permits.
199.1(2)Subject to subsection (3), for the purposes of this Act, any person appointed as an inspector under and in accordance with an agreement made under paragraph (1)(a) shall be deemed to have been appointed under and in accordance with this Act and shall have the same rights, powers and duties as an inspector appointed under this Act.
199.1(3)Where the rights, powers or duties of an inspector that are provided for under and in accordance with an agreement made under paragraph (1)(a) differ from those of an inspector appointed under this Act, the rights, powers or duties provided for in the agreement shall prevail and shall have the same force and effect as if provided for under this Act.
199.1(4)For the purposes of this Act,
(a) the holder of a permit issued under and in accordance with an agreement made under paragraph (1)(c) shall be deemed to have been issued the permit under and in accordance with this Act,
(b) the permit shall be deemed to have been issued under and in accordance with this Act, and
(c) the holder shall comply with, shall ensure that all employees, agents and servants of the holder comply with and shall operate any business operated under the permit in conformity with this Act, the regulations and any conditions attached to the permit.
1992, c.90, s.103; 1996, c.33, s.7
Regulations
200(1)Upon the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations
(a) respecting standards, in addition to those prescribed by this Act, to be met and maintained by licensees with respect to licensed premises, or by permittees;
(b) respecting the purchase and sale of liquor by licensees or permittees;
(b.1) respecting the price of liquor for the purposes of section 135.1;
(c) respecting the serving of liquor in licensed premises;
(d) respecting the kinds and quantities of liquor that may be purchased and sold by licensees and permittees;
(e) respecting the conduct, management, equipment, size, capacity and facilities of any premises that are the subject of a licence or permit;
(e.1) respecting the approval of a public food service within a defined area for the purposes of paragraph 89.1(1)(a);
(e.2) respecting approved businesses for the purposes of paragraphs 69(1)(c.1) and 89.1(1)(b);
(e.3) for the purposes of sections 89.1 and 89.2, respecting the opening of containers of wine, the serving of wine, the advertising about the opening or closing of containers of wine or about the serving of wine, and any other matter in relation to the opening or closing of containers of wine or the serving of wine;
(f) respecting the manner in which liquor may be kept and sold by licensees and permittees;
(g) prescribing, subject to this Act and where not otherwise provided in this Act, the conditions, qualifications and procedures necessary for the obtaining of licences under this Act and the books and records to be kept and the returns to be made by licensees and operators of licensed premises;
(g.1) respecting documentation, information, descriptions and plans to be provided by a person applying for a licence or a permit;
(h) respecting the number of licensed premises of any class of licence within any prescribed geographic area;
(h.1) respecting the advertising of liquor by the holder of
(i) a special occasion permit referred to in section 47, and
(ii) a licence of a class referred to in paragraph 63(b), (c), (d), (f), (g), (j), (k) or (l);
(i) providing for the inspection and supervision of licensed premises and regulating the control and conditions under which liquor is to be sold, served or consumed in such premises;
(i.1) governing the prohibitions or requirements relating to the sale by a dining-room licensee, lounge licensee and special facility licensee of liquor with food purchased for delivery or takeout;
(j) requiring licensees to submit to the Minister information regarding their financial affairs relating to the operation of the premises licensed or to be licensed or otherwise relating to the conduct and management of their affairs;
(k) prescribing the type or kind of glass or container to be used in any licensed premises to contain liquor sold or served by the glass, and the marking, if any, that must appear thereon;
(l) prescribing the form of records of purchase of liquor by the holders of licences or permits of any class, and the reports to be made thereon to the Minister, and to provide for inspection of the records so kept;
(l.1) requiring licensees, their employees, servants and agents to permit any person authorized in writing by the Minister so to do, or an inspector, to enter licensed premises and other premises under the care and control of the licensee, and to examine and copy records therein and to inspect the premises and to carry out any search thereof, whether by themselves or with the assistance of others;
(m) respecting forms to be used for the purposes of this Act or the regulations and the terms and conditions to be attached to permits and licences issued under this Act;
(m.1) respecting the amendment of permits and licences issued under this Act, including the variation of terms and conditions attached to such permits and licences;
(m.2) prescribing the expiry dates of permits and licences issued under this Act and the regulations, which expiry dates may vary for different classes of permits and licences;
(n) prescribing the nature of the proof to be furnished, and conditions to be observed in issuing duplicate permits or licences in lieu of those lost or destroyed;
(o) authorizing the Minister to delegate to any manager of the Corporation the power to grant special occasion permits and to determine, subject to the directions of the Minister, the provisions of and any conditions attached to them;
(p) prescribing a label or means of identification for every container sold to a licensee or permittee and prescribing the manner in which a label or means of identification shall be used;
(q) controlling and regulating the business activities of agents or representatives of liquor manufacturers or importers;
(q.01) respecting the giving of specified quantities of liquor at prescribed periods of time;
(q.1) respecting the giving of beer or wine, whether directly or indirectly, by an in-house brewery licensee under subsection 111.3(12), by a brewer under section 120 or by the holder of a winery licence under subsection 123(3);
(q.11) respecting fines that may be imposed under subsection 124.2(1) or (2), which may vary according to whether the offence respecting which the fine is paid is a first, second, third or subsequent offence and according to the degree of seriousness of the first, second, third or subsequent offence;
(q.12) respecting fines that may be paid under subsection 124.2(4), which may vary according to whether the offence in relation to which the fine is paid is a first, second or third offence and according to the degree of seriousness of the first, second or third offence;
(q.13) respecting the categorization of first, second, third and subsequent offences by degree of seriousness for the purposes of paragraphs (q.11) and (q.12);
(q.14) respecting the cancellation or suspension of a licence under sections 124.42 and 124.43;
(q.2) respecting the establishment, composition, administration and compensation of, the procedures to be followed, the conduct of hearings, the exercise of powers and the rendering of decisions by and any other matter in respect of the functioning of an Adjudication Board appointed under section 124.4;
(q.3) respecting the granting and operation of concessions under section 125.1;
(q.4) respecting the operation of a licensed premises to which an exemption is granted under section 126.2;
(q.5) respecting proof that a person is of the full age of nineteen years for the purposes of paragraph 131.2(c);
(q.6) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(q.7) establishing or designating training programs that are to be successfully completed as prerequisites to the issue of licences and permits under this Act, including training programs given by persons who are not employees under the Civil Service Act;
(q.8) respecting the fees to be charged for training programs, including those that are designated in respect of agreements entered into under paragraph 199.1(1)(b);
(q.9) designating, establishing and implementing training programs referred to in section 137.2 relating to the giving, serving, selling or supplying of liquor in licensed premises, including training programs given by persons who are not employees under the Civil Service Act, and specifying the requirements of the training programs;
(q.91) designating, establishing and implementing training programs referred to in section 137.2 relating to the delivery of liquor that is sold with food purchased for delivery, including training programs given by persons who are not employees under the Civil Service Act, and specifying the requirements of the training programs;
(r) establishing provisions, in addition to those set out in the Act, for the disposition of liquor owned by a licensee or permittee whose licence or permit is terminated or has become forfeited, suspended, cancelled or void;
(r.01) respecting and regulating the possession, storage, removal and consumption of wine and beer manufactured at a UVin/UBrew establishment;
(r.02) respecting the advertising of the services provided by a UVin/UBrew licensee;
(r.03) prescribing or prohibiting methods of manufacturing wine or beer at a UVin/UBrew establishment;
(r.04) prescribing or prohibiting practices in connection with the manufacturing of wine or beer at a UVin/UBrew establishment;
(r.05) respecting the roles of the UVin/UBrew licensee and the person manufacturing wine or beer at a UVin/UBrew establishment in regard to the manufacturing process;
(r.06) prescribing the hours of operation of UVin/UBrew establishments owned by UVin/UBrew licensees;
(r.07) prohibiting persons under 19 years of age from using the services or equipment for the manufacture of wine or beer at a UVin/UBrew establishment;
(r.08) prohibiting a UVin/UBrew licensee from employing persons under 19 years of age to provide services pertaining to the manufacture of wine or beer at the UVin/UBrew establishment or to use the equipment for the manufacture of wine or beer at the UVin/UBrew establishment;
(r.09) establishing provisions for the disposition of wine and beer manufactured at a UVin/UBrew establishment if the UVin/UBrew licence is terminated or has become forfeited, suspended, cancelled or void;
(r.1) Repealed: 1986, c.50, s.11
(s) generally, for the carrying out of the spirit and intent of this Act and for its efficient administration.
200(2)Where it is provided in this Act that any act, matter or thing may be done, if permitted or authorized by the regulations or as provided by the regulations, and the power to make regulations respecting that matter or thing is not set out in subsection (1), the Lieutenant-Governor in Council may make regulations respecting the act, matter or thing.
200(3)The Lieutenant-Governor in Council may make regulations
(a) fixing the fee in respect of any licence or permit, for which no fee is prescribed by this Act, which fee may vary according to the literage sold or manufactured or on any other basis, and fixing the fee for any other thing done or permitted under this Act or the regulations for which no fee is otherwise provided;
(b) providing that there shall be incorporated in the fees for any licence or permit, user charges based on liquor purchases by the holder of a licence or permit, payable at the time of purchase, and to require the Corporation to collect the charges and remit them to the Minister; and
(c) prescribing forms of oaths to be taken pursuant to this Act.
200(4)Repealed: 1983, c.8, s.18
1974, c.26 (Supp.), s.37; 1983, c.8, s.18; 1983, c.47, s.16; 1984, c.50, s.19; 1985, c.57, s.15; 1986, c.50, s.11; 1989, c.20, s.84; 1992, c.90, s.104; 1993, c.67, s.23; 1994, c.35, s.4; 1994, c.100, s.4; 1996, c.37, s.29; 1999, c.30, s.16; 1999, c.35, s.3; 2002, c.33, s.6; 2005, c.9, s.4; 2008, c.57, s.17; 2020, c.33, s.21
SCHEDULE A
Column I
Section
Column II
Category of Offence
  
  37(3)..............
E
  38.1(2)..............
E
  41(3)..............
E
  45(5)..............
B
  45(6)..............
B
  45(7)..............
B
  49(3)..............
C
  50..............
C
  51..............
C
  53(a)..............
E
  53(b)..............
E
  54(2)..............
E
  58(2)..............
E
  60..............
C
  63.01(1)..............
E
  65(3)..............
E
  68(3)..............
F
  70(1)..............
C
  88.1(3)..............
C
  99.1(3.2)..............
E
111.3(5)..............
C
111.3(9)..............
C
111.3(10)..............
C
111.3(14)..............
E
114(2)..............
C
115(2)..............
C
116(2)..............
C
117(2)..............
C
118(1)..............
C
119(1)..............
C
120..............
C
122..............
E
124(2)..............
C
124(3)..............
C
124(4)..............
C
124.31(2)..............
E
125.1(6)..............
C
125.1(7)..............
E
126(2)..............
B
126(3)..............
E
126(4)..............
C
126.2(4)..............
B
126.2(5)..............
C
126.2(7)..............
E
127(1)..............
E
127(1.1)..............
E
129(1)..............
E
129(3)..............
E
129(4)..............
E
129(5)..............
E
130..............
C
132..............
E
132.1..............
E
133..............
C
134(a)..............
E
134(b)..............
E
136(1)..............
C
136(1.2)..............
C
136(2)..............
C
137(1)..............
E
137(3)..............
C
137(3.1)..............
C
137(4)(a)..............
C
137(4)(b)..............
C
137.1(1)..............
C
137.1(2)..............
E
137.2(1)..............
C
137.2(2)..............
E
137.2(3)..............
C
137.2(4)..............
E
138..............
E
139(1)..............
F
139(2)..............
E
140(1)..............
C
141(1)..............
F
141(2)..............
F
142(1)(a)..............
E
142(1)(b)..............
E
142(1)(c)..............
E
142(1)(d)..............
E
142.1(1)..............
C
142.1(2)..............
C
148(1)..............
B
172(2)..............
E
199.1(4)(c)..............
D
1990, c.61, s.72; 1992, c.90, s.108; 1996, c.33, s.8; 1996, c.37, s.30; 1999, c.30, s.17; 2008, c.57, s.18; 2020, c.33, s.22
N.B. This Act is consolidated to June 16, 2023.