Acts and Regulations

L-10 - Liquor Control Act

Section 37
Disposition versions

Full text
Exemptions, power to prohibit
37(1)Nothing in this Act shall, by reason only of the fact that they contain alcohol, be deemed to prevent the manufacture, sale, purchase or consumption of
(a) an extract, essence or tincture or other preparation containing alcohol and prepared according to a formula of
(i) the British Pharmacopoeia,
(ii) the United States Pharmacopoeia, or
(iii) a formula approved of by the Minister, or
(b) a proprietary or patent medicine prepared according to a formula approved of by the Minister and in respect of which a licence has been granted to sell the same under the Proprietary or Patent Medicine Act, Chapter P-25 of the Revised Statutes of Canada, 1970.
37(2)If of the opinion that a proprietary or patent medicine, extract, essence, tincture or preparation that contains alcohol, or any other preparation of a solid, semi-solid or liquid nature that contains alcohol, and that, or an extract from which, can be used as a beverage or as the ingredient of a beverage, the Minister, with the approval of the Lieutenant-Governor in Council,
(a) may prohibit the sale thereof by retail within the Province, or may prohibit the possession of the same for sale by retail within the Province, except by a liquor store or by persons duly licensed by the Minister to keep and sell the same by retail in accordance with this Act and the regulations, or
(b) may prohibit the sale thereof within the Province.
37(3)The Minister shall notify the manufacturer or vendor of the proprietary or patent medicine, extract, essence, tincture or preparation of a prohibition made under subsection (2) and from and after the date of the notification a person within the Province selling or keeping for sale any such proprietary or patent medicine, extract, essence, tincture or preparation prohibited as aforesaid is guilty of an offence.
37(4)The publication of a notice of the prohibition in The Royal Gazette is conclusive proof of any notification required under subsection (3).
1961-62, c.3, s.36; 1971, c.43, s.18; 1974, c.26 (Supp.), s.3; 1992, c.90, s.31
Exemptions respecting sale of liquor
37(1)Nothing in this Act shall, by reason only of the fact that they contain alcohol, be deemed to prevent the manufacture, sale, purchase or consumption of
(a) an extract, essence or tincture or other preparation containing alcohol and prepared according to a formula of
(i) the British Pharmacopoeia,
(ii) the United States Pharmacopoeia, or
(iii) a formula approved of by the Minister, or
(b) a proprietary or patent medicine prepared according to a formula approved of by the Minister and in respect of which a licence has been granted to sell the same under the Proprietary or Patent Medicine Act, Chapter P-25 of the Revised Statutes of Canada, 1970.
Power of Minister to prohibit sale of exempted liquor
37(2)If of the opinion that a proprietary or patent medicine, extract, essence, tincture or preparation that contains alcohol, or any other preparation of a solid, semi-solid or liquid nature that contains alcohol, and that, or an extract from which, can be used as a beverage or as the ingredient of a beverage, the Minister, with the approval of the Lieutenant-Governor in Council,
(a) may prohibit the sale thereof by retail within the Province, or may prohibit the possession of the same for sale by retail within the Province, except by a liquor store or by persons duly licensed by the Minister to keep and sell the same by retail in accordance with this Act and the regulations, or
(b) may prohibit the sale thereof within the Province.
Notice of prohibition
37(3)The Minister shall notify the manufacturer or vendor of the proprietary or patent medicine, extract, essence, tincture or preparation of a prohibition made under subsection (2) and from and after the date of the notification a person within the Province selling or keeping for sale any such proprietary or patent medicine, extract, essence, tincture or preparation prohibited as aforesaid is guilty of an offence.
Notice of prohibition
37(4)The publication of a notice of the prohibition in The Royal Gazette is conclusive proof of any notification required under subsection (3).
1961-62, c.3, s.36; 1971, c.43, s.18; 1974, c.26(Supp.), s.3; 1992, c.90, s.31