Acts and Regulations

90-10 - Advertising of Liquor

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 90-10
under the
Liquor Control Act
(O.C. 90-67)
Filed February 13, 1990
Under subsection 200(1) of the Liquor Control Act, the Lieutenant-Governor in Council, upon the recommendation of the Minister, makes and under subsection 200(2) of the Liquor Control Act, the Lieutenant-Governor in Council makes the following Regulation:
93-187
1This Regulation may be cited as the Advertising of Liquor Regulation - Liquor Control Act.
2In this Regulation
“Act” means the Liquor Control Act.(Loi)
3This Regulation applies to a holder of a special occasion permit referred to in section 47 of the Act and a holder of a dining-room licence, a lounge licence, a special facility licence, a special events licence referred to in paragraph 63(f) of the Act, a club licence other than a club licence under section 110 of the Act, an in-house brewery licence, a brewer’s licence or a distiller’s licence or winery licence referred to in paragraph 63(l) of the Act.
93-187; 97-110
4Repealed: 97-110
93-187; 97-110
5The holder of a permit or licence referred to in section 3 shall not exhibit, publish or display or permit to be exhibited, published or displayed an advertisement that, directly or indirectly,
(a) encourages or promotes the consumption of liquor by minors,
(b) depicts family scenes that in any way involve the use of liquor, including any group of adults accompanied by children,
(c) refers in any way to persons who may be minors,
(d) portrays drinking or party scenes that show immoderate or excess use of liquor,
(e) indicates that liquor may be consumed in any way, manner or place prohibited by any federal or provincial law or local government by-law,
(f) conveys the impression that the consumption of liquor is necessary or helpful in obtaining any social prestige, business success, popularity or escape from personal problems,
(g) makes any claim that implies or attributes to any liquor, either alone or as a mixture, any healthful, nutritive, dietary, curative, sedative or stimulative quality or properties, or
(h) contains an endorsement of any liquor, personally or by implication, by any person, character or group who is or is likely to be a role model for minors because of achievement, reputation or exposure in the media.
93-187; 97-110; 2017, c.20, s.94
6(1)The holder of a brewer’s licence, distiller’s licence or winery licence exhibiting, publishing or displaying or permitting the exhibition, publication or display of an advertisement may refer in the advertisement only to
(a) trademarks,
(b) brand names,
(c) body labels, or
(d) recipes
and may use slogans and copy descriptive of the product or brand of liquor being advertised.
6(2)An advertisement referred to in subsection (1)
(a) shall not deal with the use and consumption of liquor generally, and
(b) shall be designed to draw attention to a product or to one or more brands of liquor.
6(3)An advertisement by a holder of a brewer’s licence, distiller’s licence or winery licence that
(a) supports a worthwhile cause other than a sales campaign, or
(b) is for or about an event or cause other than a sales campaign
and in which the only reference to the advertiser or its product is the use of its corporate name is exempt from the restriction in paragraph 9(a) respecting the frequency of airing of the advertisement.
93-187; 97-110
7The holder of a dining-room licence, a lounge licence, a special facility licence, a special events licence referred to in paragraph 63(f) of the Act, a club licence other than a club licence under section 110 of the Act or an in-house brewery licence
(a) shall not exhibit, publish or display or permit the exhibition, publication or display of an advertisement that states or implies that liquor is to be given away free of charge, and
(b) may exhibit, publish or display or permit the exhibition, publication or display of an advertisement advertising such activities or events as champagne brunches, beer gardens or wine and cheese or similar activities or events.
93-187; 93-207; 97-110
8A holder of a special occasion permit referred to in section 47 of the Act may exhibit, publish or display or permit the exhibition, publication or display of an advertisement only in respect of an event that is being held solely for charitable purposes.
93-187; 93-207; 97-110
9Subject to this Regulation, the holder of a permit or licence referred to in section 3 may exhibit, publish or display or permit the exhibition, publication or display of an advertisement
(a) on radio or on television, if the advertisement does not air on the same radio station or same television station more than twenty-five times in a week, and
(b) in any other media or form.
92-92; 93-187; 97-110
10(1)Subject to this Regulation, the holder of a permit or licence referred to in section 3, other than the holder of a special occasion permit referred to in section 47 of the Act, may exhibit or display, or permit to be exhibited or displayed, any advertisement or notice of or concerning liquor by an electric or illuminated sign, contrivance or device or on any boarding, signboard, billboard or other place in public view or may advertise liquor by any of those means.
10(2)Subject to this Regulation, the holder of a permit or licence referred to in section 3, other than the holder of a special occasion permit referred to in section 47 of the Act, may exhibit or display, or permit to be exhibited or displayed, any sign or poster containing the words “bar”, “bar room”, “saloon”, “spirits” or “liquor” or words of like import.
10(3)An advertisement or notice by the means referred to in subsection (1) or a sign or poster referred to in subsection (2)
(a) may portray glasses, barrels, taps, containers and product advertising, and
(b) where the advertisement, notice, sign or poster is to be exhibited or displayed by a holder of a dining-room licence, a lounge licence, a special facility licence, a special events licence referred to in paragraph 63(f) of the Act, a club licence other than a club licence under section 110 of the Act or an in-house brewery licence, shall not portray a specific brand of a distiller, brewer or winery.
93-187; 97-110; 2020, c.33, s.23
11A holder of a brewer’s licence, distiller’s licence or winery licence shall not advertise liquor, directly or indirectly, in conjunction with a holder of a special occasion permit referred to in section 47 of the Act, a club licence other than a club licence under section 110 of the Act or an in-house brewery licence.
93-187; 97-110
12Section 14 of New Brunswick Regulation 84-265 under the Liquor Control Act is repealed.
N.B. This Regulation is consolidated to December 18, 2020.