Bill 52 - An Act to Amend the Liquor Control Act

BILL 52

An Act to Amend the Liquor Control Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

aby repealing the definition “package”;

bby adding the following definition in alphabetical order:

“container” means a bottle, can or any other receptacle containing liquor; (récipient)

2 Section 40.2 of the Act is amended

ain subsection (1) by striking out “packages” and substituting “containers”;

bin subsection (1.1) by striking out “packages” and substituting “containers”.

3 Section 41 of the Act is amended

ain the heading “Offence respecting opening or drinking from package or vessel” preceding subsection (3) of the English version by striking out “package or vessel” and substituting “container”;

bin subsection (3) by striking out “package or vessel” and substituting “container”;

cin subsection (4) by striking out “package or vessel” wherever it appears and substituting “container”;

dby adding after subsection (4) the following:

Conveyance of liquor in vehicle

41( 4.1) For the purposes of subsections (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.

ein the heading “Conveyance of liquor in unopened package or vessel” preceding subsection (5) by striking out “package or vessel” and substituting “container”;

fin subsection (5) in the portion preceding paragraph (a) by striking out “package or vessel” wherever it appears and substituting “container”;

gby adding after subsection (5) the following:

Conveyance of liquor in opened container

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

athe 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

bthe container has been closed.

hin subsection (5.1)

( i) in the portion preceding paragraph (a) by striking out “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” and substituting “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”;

( ii) in paragraph (c) by striking out “bottle or other package” and substituting “container”;

( iii) in paragraph (d) by striking out “bottle or other package” wherever it appears and substituting “container”;

iin subsection (6)

( i) in paragraph (a) by striking out “package or vessel” wherever it appears and substituting “container”;

( ii) in paragraph (b) by striking out “package or vessel” and substituting “container”.

4 Section 43 of the Act is amended

ain paragraph (b) by striking out “bottle or beer not in excess of twelve pints” and substituting “container or beer not in excess of twelve pints or 6.8 L”;

bin paragraph (c) by striking out “bottle or beer not in excess of twelve pints” and substituting “container or beer not in excess of twelve pints or 6.8 L”.

5 Section 65 of the Act is amended

aby repealing subsection (4) and substituting the following:

65( 4) The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the Minister so orders on being satisfied that the interest of the brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker is not likely to promote the sale of liquor manufactured by the brewer, distiller or wine-maker.

bby repealing subsection (5).

6 Section 69 of the Act is amended

ain paragraph (1)(e)

( i) in subparagraph (ii) by striking out “the Excise Act (Canada)” and substituting “the Excise Act (Canada), the Excise Act, 2001 (Canada)”;

( ii) in subparagraph (iii) by striking out “and” at the end of the subparagraph;

( iii) by adding after subparagraph (iii) the following:

( iii.1) the Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, and

( iii.2) the Cannabis Act (Canada) or the Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis, as that term is defined in the Cannabis Act (Canada),

( iv) by repealing subparagraph (iv);

bin subsection (1.01)

( i) in paragraph (b) by striking out “the Excise Act (Canada)” and substituting “the Excise Act (Canada), the Excise Act, 2001 (Canada)”;

( ii) in paragraph (c) of the English version by striking out “or” at the end of the paragraph;

( iii) by adding after paragraph (c) the following:

c.1the Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, or

c.2the Cannabis Act (Canada) or the Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis as that term is defined in the Cannabis Act (Canada).

( iv) by repealing paragraph (d).

7 Subsection 89(1) of the Act is repealed and the following is substituted:

89( 1) A dining-room licence authorizes the licensee

ato purchase liquor of all kinds from the Corporation and to sell that liquor for consumption by persons who are the full age of nineteen years, and are not otherwise disqualified under this Act from consuming liquor,

( i) in the dining-room, with food,

( ii) in any other dining or reception area of the premises of the licensee approved by the Minister for special occasion use, with or without food, and

( iii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold

( A) in accordance with the regulations, and

( B) with food purchased for delivery or takeout, and

bto allow a person to remove from the dining-room or dining or reception area approved by the Minister for special occasion use an unfinished container of wine that the person purchased for consumption in the dining-room or dining or reception area if the licensee or an employee or agent of the licensee closed the container for the person.

8 Subsection 89.1(2) of the Act is amended

aby repealing paragraph (a) and substituting the following:

ato permit each patron who is the full age of nineteen years to bring wine, in accordance with subsection 41(5.1), into the licensed premises or an area referred to in subsection (3), if the container is opened by and the wine is served by the licensee or an employee or agent of the licensee and the wine is consumed by the patron and by other patrons, together with a meal prepared and served by the licensee or an employee or agent of the licensee, in the licensed premises or the area,

bby repealing paragraph (b) and substituting the following:

bto charge a patron referred to in paragraph (a) a fee for the licensee or an employee or agent of the licensee to open the container and serve the wine to the patrons, and

cby adding after paragraph (b) the following:

cto allow a patron to remove an unfinished container of wine from the licensed premises if the container has been closed by the licensee or an employee or agent of the licensee for the patron.

9 Section 89.2 of the Act is amended

ain the portion preceding paragraph (a) by striking out “bottle or other package” and substituting “container”;

bin paragraph (c) by striking out “bottle or other package” and substituting “container”;

cby repealing paragraph (d) and substituting the following:

dthe wine is contained in an unopened container and the seal, if any, on the container is unbroken, and

10 Section 91 of the Act is repealed and the following is substituted:

91 A lounge licence authorizes the licensee

( i) in the lounge, with or without food, and

( ii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold

( A) in accordance with the regulations, and

( B) with food purchased for delivery or takeout, and

bto allow a person to remove from the lounge an unfinished container of wine that the person purchased for consumption in the lounge if the licensee or an employee or agent of the licensee closed the container for the person.

11 Subsection 99.1(3) of the Act is repealed and the following is substituted:

99.1( 3) A special facility licence issued under paragraph (1)(a), (b), (c), (d) or (e) authorizes the licensee to

apurchase liquor of all kinds from the Corporation and to sell that liquor for consumption by persons who are the full age of nineteen years, and are not otherwise disqualified under this Act from consuming liquor,

( i) in those areas of the premises of the licensee approved by the Minister and under any condition attached by the Minister to the licence, with or without food, and

( ii) in a person’s residence or in any residence in which the person is permitted by this Act to possess, have and consume liquor, if the liquor is sold

( A) in accordance with the regulations, and

( B) with food purchased for delivery or takeout, and

bto allow a person to remove from the areas of the premises of the licensee an unfinished container of wine that the person purchased for consumption in the areas if the licensee or an employee or agent of the licensee closed the container for the person.

12 Subsection 102(2) of the Act is amended by striking out “by the glass or in open container” and substituting “by the glass”.

13 Subsection 118(1) of the English version of the Act is amended by striking out “casks, barrels, kegs or other vessels” and substituting “casks, barrels, kegs or containers”.

14 Section 119 of the Act is amended

aby repealing subsection (1) and substituting the following:

119( 1) A brewer shall put on all barrels and containers containing beer manufactured or brewed by the brewer for sale within the Province a distinctive label showing the nature of the contents and the name and address of the brewer.

bin subsection (2) by striking out “bottles, barrels and other receptacles” wherever it appears and substituting “barrels and containers”.

15 Section 137 of the Act is amended by adding after subsection (1) the following:

137( 1.1) Despite subsection 56(5) of the Provincial Offences Procedure Act, if a person commits an offence under subsection (1), the minimum fine that may be imposed is $480.

16 Subsection 137.1(2) of the Act is amended by striking out “to any person in licensed premises” and substituting “to any person in licensed premises, except a licensee may employ or permit a person under the age of nineteen years to stock unopened containers if the employee is under the direct and continual supervision of the licensee or another employee who is the full age of nineteen years”.

17 Section 141 of the Act is amended

ain subsection (1) by striking out “dealing in liquor” and substituting “dealing in liquor, except an employee or agent of the Corporation may receive remuneration from a business or undertaking in liquor for outside employment with the business or undertaking if the employee or agent is employed by the business or undertaking outside his or her normal working hours”;

bin subsection (2) by striking out “on behalf of the agent or employee” and substituting “on behalf of the agent or employee, except a person selling or offering for sale liquor to, or purchasing liquor from, the Corporation may offer to pay remuneration to an employee or agent of the Corporation for outside employment with that person if the employee or agent is employed by that person outside his or her normal working hours”.

18 Section 182.1 of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

19 Subsection 200(1) of the Act is amended

aby repealing paragraph (e.3) and substituting the following:

e.3for the purposes of sections 89.1 and 89.2, respecting the opening of containers of wine, the serving of wine, the advertising about the opening or closing of containers of wine or about the serving of wine, and any other matter in relation to the opening or closing of containers of wine or the serving of wine;

bby adding after paragraph (i) the following:

i.1governing the prohibitions or requirements relating to the sale of liquor for consumption in a residence by a dining-room licensee, lounge licensee and special facility licensee;

cin paragraph k) of the French version by striking out “contenants” and substituting “récipients”;

din paragraph p) by striking out “container or package of liquor” and substituting “container”.

CONSEQUENTIAL AMENDMENTS

Regulations under the Liquor Control Act

20( 1) New Brunswick Regulation 84-265 under the Liquor Control Act is amended

ain section 19 of the French version

( i) in subsection (1) by striking out “contenants” and substituting “récipients”;

( ii) in subsection (7) by striking out “contenant” and substituting “récipient”;

( iii) in subsection (8) by striking out “contenant” and substituting “récipient”;

bin subsection 23(2) by striking out “No licensee” and substituting “Except as authorized by the Act and any regulation made under the Act, no licensee”;

cin paragraph 30.1(c) by striking out “Board” and substituting “Minister”;

din section 57

( i) in paragraph (a) by striking out “single serving containers” and substituting “glasses”;

( ii) in paragraph (b) of the English version by striking out “containers” and substituting “bins”;

( iii) by repealing paragraph (d) and substituting the following:

dbeer is served in a glass approved by the Minister and is not served in an opened or capped container,

ein section 59

( i) in subsection (1) by striking out “one special events licence” and substituting “two special events licences”;

( ii) in subsection (2) by striking out “Not more than two special events licences” and substituting “Unless the Minister decides otherwise, not more than two special events licences”;

fin section 62.1 of the English version

( i) in the definition “bottle” by striking out “container” and substituting “receptacle”;

( ii) in the definition “carboy” by striking out “container” and substituting “receptacle”;

gin paragraph 63.01(1)(b) by striking out “bottled or canned beer” and substituting “beer in a container”;

hin section 63.02

( i) by repealing paragraph (a);

( ii) in paragraph (b) by striking out “bottle” and substituting “serving”;

( iii) in paragraph (c) by striking out “bottle” and substituting “serving”;

( iv) in paragraph (d) by striking out “glass” and substituting “serving”;

( v) in paragraph (e) by striking out “one ounce (29.57 ml) serving of spirits” and substituting “one 1-ounce (29.57 ml) serving of spirits”.

20( 2) Paragraph 10(3)(a) of New Brunswick Regulation 90-10 under the Liquor Control Act is amended by striking out “bottles” and substituting “containers”.

20( 3) New Brunswick Regulation 93-94 under the Liquor Control Act is amended

ain paragraph 6(1)(a) by striking out “bottles or cans” and substituting “containers”;

bin subsection 7(2) by striking out “bottles or cans” and substituting “containers”;

cin section 8

( i) in subsection (2) by striking out “bottles or cans” and substituting “containers”;

( ii) in subsection (4) by striking out “bottles or cans” and substituting “containers”;

din subsection 11(2) by striking out “bottle or can” and substituting “container”.

Commencement

21 Sections 7, 10, 11 and 15 and paragraph 19(b) of this Act come into force on a day or days to be fixed by proclamation.