Acts and Regulations

L-10 - Liquor Control Act

Section 1
Disposition versions

Full text
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“airline licence” and “airline licensee” Repealed: 1989, c.20, s.1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“beverage room licence” and “beverage room licencee” Repealed: 2008, c.57, s.1
“Board” Repealed: 1992, c.90, s.1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“cabaret licence” and “cabaret licensee” Repealed: 1989, c.20, s.1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“Chairman” Repealed: 1992, c.90, s.1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“Commission” Repealed: 1974, c.26 (Supp.), s.1
“constable” Repealed: 1989, c.20, s.1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
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 Justice and Public Safety and includes any person designated by the Minister of Justice and 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 Justice and 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
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
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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
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
“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’heures prolongées)
“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 Justice and Public Safety and includes any person designated by the Minister of Justice and 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 Justice and 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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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; (établissement UVin/UBrew)
“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 UVin/UBrew)
“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
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
“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’heures prolongées)
“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)
“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 Justice and Public Safety and includes any person designated by the Minister of Justice and 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 Justice and Public Safety, that other Minister and any person designated by that other Minister to act on that other Minister’s behalf;
“municipality” includes a rural community incorporated under the Municipalities Act;(municipalité)
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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 municipality as an event of municipal significance, 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; (établissement UVin/UBrew)
“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 UVin/UBrew)
“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
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
“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’heures prolongées)
“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)
“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” includes a rural community incorporated under the Municipalities Act;(municipalité)
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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 municipality as an event of municipal significance, 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; (établissement UVin/UBrew)
“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 UVin/UBrew)
“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
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
“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’heures prolongées)
“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)
“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” includes a rural community incorporated under the Municipalities Act;(municipalité)
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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 municipality as an event of municipal significance, 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; (établissement UVin/UBrew)
“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 UVin/UBrew)
“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
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” means a beverage room licence issued under this Act and “beverage room licensee” means the person named in a subsisting beverage room licence as the licensee;(licence de salon de consommations) et (titulaire d’une licence de salon de consommations)
“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
“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’heures prolongées)
“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)
“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” includes a rural community incorporated under the Municipalities Act;(municipalité)
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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 municipality as an event of municipal significance, 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
“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
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” means a beverage room licence issued under this Act and “beverage room licensee” means the person named in a subsisting beverage room licence as the licensee;(licence de salon de consommations) et (titulaire d’une licence de salon de consommations)
“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
“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
“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)
“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” includes a rural community incorporated under the Municipalities Act;(municipalité)
“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” means a bottle, vessel or receptacle containing liquor or a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor;(emballage)
“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 him 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 municipality as an event of municipal significance, 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
“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