Acts and Regulations

L-10 - Liquor Control Act

Section 41
Disposition versions

Full text
Carrying or conveying liquor
41(1)It is lawful to carry or convey liquor to a liquor store and to and from a warehouse or depot established by the Corporation for the purposes of this Act.
41(2)A common carrier or other person may, when permitted to do so by this Act and the regulations and in accordance therewith, carry or convey
(a) liquor sold at a liquor store or warehouse,
(b) liquor ordered or purchased by the Corporation, and
(c) liquor to or from premises where the liquor may be lawfully kept and sold,
to a place to which it may be lawfully delivered under this Act and the regulations thereunder.
41(3)No common carrier or any other person shall open or break or allow the opening or breaking of a container containing liquor, or drink or use or allow the drinking or use of any liquor therefrom, while the liquor is being carried or conveyed.
41(4)Whether or not the container containing liquor is opened or the seal on any such container is broken, a bona fide traveller may carry on transport in the Province any liquor that he may lawfully have and consume in a residence, if the container containing the liquor is carried or transported in the traveller’s luggage with his clothing and other necessities of travel.
41(4.1)For the purposes of subsection (5.01), if liquor is conveyed in a vehicle, the liquor shall be stored in a space, if any, designed for the carriage of goods or baggage and shall not be readily accessible to the driver or any passenger in the vehicle.
41(5)Subject to this Act and the regulations, when liquor is contained in an unopened container and the seal, if any, on the container is unbroken, a person who is permitted by law to possess and consume liquor within the Province may carry or convey that liquor to the person’s residence or to any residence in which the person is permitted by this Act to possess, have and consume liquor if the liquor was
(a) purchased lawfully by the person within the Province,
(b) brought lawfully by the person into the Province, or
(c) received by the person in good faith as a gift.
41(5.01)Subject to this Act and the regulations, when liquor is contained in its original container and the container has been opened and the seal, if any, on the container is broken, a person who is permitted by law to possess and consume liquor within the Province may carry or convey that liquor to the person’s residence or to any residence in which the person is permitted by this Act to possess, have and consume liquor if 
(a) the liquor was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift, and
(b) the container has been closed.
41(5.1)Subject to this Act and the regulations, a person who is of the full age of nineteen years may carry or convey for that person one container that holds no more than 750 ml of wine or, for a group of persons who are the full age of nineteen years, one or more containers that hold no more than 750 ml of wine per person in that group, into the licensed premises or an area referred to in subsection 89.1(3) of a wine serving licensee who permits patrons to take wine into the licensed premises or area for consumption with a meal, if
(a) the wine was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift,
(b) the wine was manufactured
(i) in the Province, by the holder of a winery licence, or
(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,
(c) the container bears the label of the winery licensee or the enterprise or a label provided by the Corporation,
(d) the wine is contained in an unopened container and the seal, if any, on the container is unbroken, and
(e) subject to this Act, the wine is consumed by the person and by other patrons with a meal in the licensed premises or area.
41(6)A person who is under the age of nineteen years and who is a bona fide traveller in transit to another province of Canada may convey liquor through the Province in his luggage with his clothing and other necessities of travel if
(a) the seal on the container containing the liquor is not broken and the container is marked or stamped by a customs officer for Canada, and
(b) he has possession of a certificate of the customs officer who has marked or stamped the container certifying that the liquor has been lawfully imported into Canada and that, to the best of his knowledge and belief, the person in possession of the liquor therein described is in transit to a province of Canada under the laws of which the person would not be prohibited from having possession of liquor on account of his age.
1961-62, c.3, s.40; 1968, c.35, s.4; 1969, c.49, s.1; 1971, c.43, s.18; 1972, c.5, s.2; 1972, c.43, s.3; 1974, c.26 (Supp.), s.4; 1999, c.30, s.2; 2020, c.33, s.3
Carrying or conveying liquor
41(1)It is lawful to carry or convey liquor to a liquor store and to and from a warehouse or depot established by the Corporation for the purposes of this Act.
41(2)A common carrier or other person may, when permitted to do so by this Act and the regulations and in accordance therewith, carry or convey
(a) liquor sold at a liquor store or warehouse,
(b) liquor ordered or purchased by the Corporation, and
(c) liquor to or from premises where the liquor may be lawfully kept and sold,
to a place to which it may be lawfully delivered under this Act and the regulations thereunder.
41(3)No common carrier or any other person shall open or break or allow the opening or breaking of a package or vessel containing liquor, or drink or use or allow the drinking or use of any liquor therefrom, while the liquor is being carried or conveyed.
41(4)Whether or not the package or vessel containing liquor is opened or the seal on any such package or vessel is broken, a bona fide traveller may carry on transport in the Province any liquor that he may lawfully have and consume in a residence, if the package or vessel containing the liquor is carried or transported in the traveller’s luggage with his clothing and other necessities of travel.
41(5)Subject to this Act and the regulations, when liquor is contained in an unopened package or vessel, and the seal, if any, on the package or vessel is unbroken, a person, permitted by law to possess and consume liquor within the Province, who for a lawful purpose,
(a) purchased the liquor lawfully within the Province,
(b) brought the liquor lawfully into the Province, or
(c) received the liquor as a bona fide gift,
may carry or convey that liquor to his residence or to any residence in which he is permitted by this Act to possess, have and consume liquor.
41(5.1)Subject to this Act and the regulations, a person who is of the full age of nineteen years may carry or convey one bottle or other package of wine that contains no more than 750 ml of wine, or one bottle or other package of wine on behalf of a group of persons who are of the full age of nineteen years if it contains no more than 750 ml of wine per person in that group, into the licensed premises or an area referred to in subsection 89.1(3) of a wine serving licensee who permits patrons to take wine into the licensed premises or area for consumption with a meal, if
(a) the wine was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift,
(b) the wine was manufactured
(i) in the Province, by the holder of a winery licence, or
(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,
(c) the bottle or other package bears the label of the winery licensee or the enterprise or a label provided by the Corporation,
(d) the wine is contained in an unopened bottle or other package and the seal, if any, on the bottle or other package is unbroken, and
(e) subject to this Act, the wine is consumed by the person and by other patrons with a meal in the licensed premises or area.
41(6)A person who is under the age of nineteen years and who is a bona fide traveller in transit to another province of Canada may convey liquor through the Province in his luggage with his clothing and other necessities of travel if
(a) the seal on the package or vessel containing the liquor is not broken and the package or vessel is marked or stamped by a customs officer for Canada, and
(b) he has possession of a certificate of the customs officer who has marked or stamped the package or vessel certifying that the liquor has been lawfully imported into Canada and that, to the best of his knowledge and belief, the person in possession of the liquor therein described is in transit to a province of Canada under the laws of which the person would not be prohibited from having possession of liquor on account of his age.
1961-62, c.3, s.40; 1968, c.35, s.4; 1969, c.49, s.1; 1971, c.43, s.18; 1972, c.5, s.2; 1972, c.43, s.3; 1974, c.26 (Supp.), s.4; 1999, c.30, s.2
Conveyance of liquor to and from Corporation warehouse
41(1)It is lawful to carry or convey liquor to a liquor store and to and from a warehouse or depot established by the Corporation for the purposes of this Act.
Conveyance of liquor by common carrier
41(2)A common carrier or other person may, when permitted to do so by this Act and the regulations and in accordance therewith, carry or convey
(a) liquor sold at a liquor store or warehouse,
(b) liquor ordered or purchased by the Corporation, and
(c) liquor to or from premises where the liquor may be lawfully kept and sold,
to a place to which it may be lawfully delivered under this Act and the regulations thereunder.
Offence respecting opening or drinking from package or vessel
41(3)No common carrier or any other person shall open or break or allow the opening or breaking of a package or vessel containing liquor, or drink or use or allow the drinking or use of any liquor therefrom, while the liquor is being carried or conveyed.
Power of traveller to carry liquor on transport
41(4)Whether or not the package or vessel containing liquor is opened or the seal on any such package or vessel is broken, a bona fide traveller may carry on transport in the Province any liquor that he may lawfully have and consume in a residence, if the package or vessel containing the liquor is carried or transported in the traveller’s luggage with his clothing and other necessities of travel.
Conveyance of liquor in unopened package or vessel
41(5)Subject to this Act and the regulations, when liquor is contained in an unopened package or vessel, and the seal, if any, on the package or vessel is unbroken, a person, permitted by law to possess and consume liquor within the Province, who for a lawful purpose,
(a) purchased the liquor lawfully within the Province,
(b) brought the liquor lawfully into the Province, or
(c) received the liquor as a bona fide gift,
may carry or convey that liquor to his residence or to any residence in which he is permitted by this Act to possess, have and consume liquor.
Conveyance of liquor to establishment that has wine serving licence
41(5.1)Subject to this Act and the regulations, a person who is of the full age of nineteen years may carry or convey one bottle or other package of wine that contains no more than 750 ml of wine, or one bottle or other package of wine on behalf of a group of persons who are of the full age of nineteen years if it contains no more than 750 ml of wine per person in that group, into the licensed premises or an area referred to in subsection 89.1(3) of a wine serving licensee who permits patrons to take wine into the licensed premises or area for consumption with a meal, if
(a) the wine was
(i) purchased lawfully by the person within the Province,
(ii) brought lawfully by the person into the Province, or
(iii) received by the person in good faith as a gift,
(b) the wine was manufactured
(i) in the Province, by the holder of a winery licence, or
(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,
(c) the bottle or other package bears the label of the winery licensee or the enterprise or a label provided by the Corporation,
(d) the wine is contained in an unopened bottle or other package and the seal, if any, on the bottle or other package is unbroken, and
(e) subject to this Act, the wine is consumed by the person and by other patrons with a meal in the licensed premises or area.
Power of minor who is traveller to convey liquor
41(6)A person who is under the age of nineteen years and who is a bona fide traveller in transit to another province of Canada may convey liquor through the Province in his luggage with his clothing and other necessities of travel if
(a) the seal on the package or vessel containing the liquor is not broken and the package or vessel is marked or stamped by a customs officer for Canada, and
(b) he has possession of a certificate of the customs officer who has marked or stamped the package or vessel certifying that the liquor has been lawfully imported into Canada and that, to the best of his knowledge and belief, the person in possession of the liquor therein described is in transit to a province of Canada under the laws of which the person would not be prohibited from having possession of liquor on account of his age.
1961-62, c.3, s.40; 1968, c.35, s.4; 1969, c.49, s.1; 1971, c.43, s.18; 1972, c.5, s.2; 1972, c.43, s.3; 1974, c.26(Supp.), s.4; 1999, c.30, s.2