BILL 22

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

ain the English version of the definition “prescription” by striking out “him” and substituting “them”;

bby repealing the definition “package”;

cby 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 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.

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

fby repealing subsection (5) and substituting the following: 

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

apurchased lawfully by the person within the Province,

bbrought lawfully by the person into the Province, or

creceived by the person in good faith as a gift.

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 42 of the French version of the Act is amended by striking out “un cadeau véritable” and substituting “de bonne foi un cadeau”.

5 Section 43 of the Act is amended

ain the portion preceding paragraph (a) of the English version by striking out “him” and substituting “them”;

bin paragraph (a) of the English version by striking out “him” and substituting “them”;

cby repealing paragraph (b) and substituting the following: 

bliquor not in excess of one container or beer not in excess of twelve pints or 6.8 L purchased outside Canada by them or by the person from whom they in good faith received it as a gift, or

dby repealing paragraph (c) and substituting the following: 

cliquor not in excess of one container or beer not in excess of twelve pints or 6.8 L purchased outside New Brunswick from a liquor commission, board or similar body in any province or territory of Canada by them or by the person from whom they in good faith received it as a gift.

6 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).

7 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).

8 Section 89 of the Act is amended

aby repealing subsection (1) and substituting the following: 

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 or in any other dining or reception area of the premises of the licensee approved by the Minister for special occasion use, with 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 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.

bin subsection (5) of the English version by striking out “he” and substituting “they”.

9 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.

10 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

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

91 A lounge 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 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.

12 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.

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

14 Subsection 118(1) of the English version of the Act is repealed and the following is substituted: 

118( 1) Every brewer shall on all beer manufactured and bottled by them for sale or consumption within the Province place a crown cork stopper or other stopper showing on it by embossing on the outside of it, or by lithographing on the outside and inside of it, the name of the brewer and any other information as to the contents or otherwise that the Minister may from time to time require and shall also cause the same information to be branded in or labelled on all casks, barrels, kegs or containers containing beer, as the Minister may determine.

15 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”.

16 Section 137 of the Act is amended

aby 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.

bin subsection (2) of the French version by striking out “du père, de la mère” and substituting “du parent”;

cby repealing subsection (3) of the English version and substituting the following: 

137( 3) Before serving in a licensed premises any person who appears to be under nineteen years of age, the licensee or a person who serves liquor may demand proof in accordance with section 131.2 that the person is of the full age of nineteen years and, if the person refuses to furnish the proof, they shall not be served and on demand of the licensee or person who serves liquor, shall leave the licensed premises, and if they fail to do so, they are guilty of an offence and may be ejected from the licensed premises.

dby repealing subsection (3.1) of the English version and substituting the following: 

137( 3.1) If a person from whom a peace officer has demanded proof of age under section 131.1 refuses to furnish the proof, the person shall not be served, and on demand of the peace officer they shall leave the licensed premises, and if they fail to do so, they are guilty of an offence and the peace officer may eject them from the licensed premises.

eby repealing subsection (4) of the English version and substituting the following: 

137( 4) Except as permitted by this Act, a person under the age of nineteen years is guilty of an offence if they have in their possession or consume liquor or they, by themselves or through the agency of another,

abuy, accept service of or are supplied liquor, or

battempt to buy, obtain service of or be supplied liquor.

fby repealing subsection (6) and substituting the following: 

137( 6) Despite subsection 126(4), a person under the age of nineteen years may consume liquor in the presence of their parent or spouse in the following circumstances: 

ain a residence, if the liquor is supplied to them for beverage purposes by their parent or spouse;

bduring the holding of a wedding reception in a church hall or other community hall in accordance with subsections 136(1.1) and (1.2), if the beer and wine is supplied to them for beverage purposes with meals by their parent or spouse, and

cin any licensed premises, if the beer and wine is supplied to them for beverage purposes with meals by their parent or spouse.

17 Subsection 137.1(2) of the Act is repealed and the following is substituted: 

137.1( 2) No licensee or permittee shall employ or permit any person under the age of nineteen years to act in any way in connection with the giving, serving, selling or supplying of liquor 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.

18 The Act is amended by adding after section 137.1 of the Act the following: 

Mandatory training program

137.2( 1) No person shall give, serve, sell or supply liquor in licensed premises unless the person has successfully completed a training program designated by regulation.

137.2( 2) No licensee or permittee shall employ or permit any person to act in any way in connection with the giving, serving, selling or supplying of liquor in licensed premises unless the person has successfully completed a training program designated by regulation.

137.2( 3) No person shall deliver liquor that is sold with food purchased for delivery unless the person has successfully completed a training program designated by regulation.

137.2( 4) No licensee shall employ or permit any person to deliver liquor that is sold with food purchased for delivery unless the person has successfully completed a training program designated by regulation.

19 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”.

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

21 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 by a dining-room licensee, lounge licensee and special facility licensee of liquor with food purchased for delivery or takeout;

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

din paragraph (l.1) of the English version by striking out “himself” and substituting “themselves”;

ein paragraph (p) by striking out “container or package of liquor” and substituting “container”;

fin paragraph (q.8) by striking out “training programs designated” and substituting “training programs, including those that are designated”;

gby adding after (q.8) the following: 

q.9designating, establishing and implementing training programs referred to in section 137.2 relating to the giving, serving, selling or supplying of liquor in licensed premises, including training programs given by persons who are not employees under the Civil Service Act, and specifying the requirements of the training programs;

q.91designating, establishing and implementing training programs referred to in section 137.2 relating to the delivery of liquor that is sold with food purchased for delivery, including training programs given by persons who are not employees under the Civil Service Act, and specifying the requirements of the training programs;

22 Schedule A of the Act is amended by adding after

137.1(2) ...............

E

the following:

137.2(1) ...............			C
137.2(2) ...............			E
137.2(3) ...............			C
137.2(4) ...............			E

CONSEQUENTIAL AMENDMENTS

Regulations under the Liquor Control Act

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

ain section 19

( i) by repealing subsection (1) and substituting the following: 

19( 1) A licensee shall dispense all liquor sold in their licensed premises from the original containers in which the liquor was purchased from the Corporation.

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

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

( iv) in subsection (9) of the English version in the portion preceding paragraph (a) by striking out “his” and substituting “their”;

bin section 23

( i) by repealing subsection (2) and substituting the following: 

23( 2) Except as authorized by the Act and any regulation made under the Act, no licensee shall permit any liquor sold in their licensed premises to be taken from their licensed premises.

( ii) in subsection (3) of the French version by striking out “de l’alcool” and substituting “une boisson alcoolique”;

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”.

23( 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”.

23( 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

24 Sections 8, 11, 12, 16, 18 and 22 and paragraphs 21(b) and (g) of this Act come into force on a day or days to be fixed by proclamation.