BILL 17
An Act Respecting Outlaw Motorcycle Gangs
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Liquor Control Act
1( 1) The Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended by adding the following after section 136:
Member or associate of gang
136.1( 1) The following definitions apply in this section.
“associate of a gang” means a person who supports, facilitates, is involved in, participates in or contributes to the unlawful behaviour of a gang. (collaborateur d’une bande)
“gang” means a group of persons who engage in a pattern of unlawful behaviour or in creating an atmosphere of fear or intimidation in a community. (bande)
“unlawful behaviour” means (activité illégale)
(a) the production, sale, importation, exportation or trafficking of a controlled substance as defined in the Controlled Drugs and Substances Act (Canada),
(b) obtaining sexual services for consideration, procuring a person to offer or provide sexual services for consideration or receiving material benefits from sexual services provided by another person for consideration,
(c) unlawful possession or transfer of firearms, or
(d) violence, threats, extortion or intimidation.
136.1( 2) A peace officer may demand any person the peace officer has reasonable grounds to believe is a member of a gang or an associate of a gang to leave a licensed premises, and if the person fails to leave the licensed premises, the person commits an offence and the peace officer may eject the person from the licensed premises.
136.1( 3) In determining whether a person is a member of a gang or an associate of a gang, a peace officer shall consider, among other things, the following:
(a) whether the person is present at the time an unlawful behaviour of the gang takes place and the peace officer has reasonable grounds to believe that the person participated in the unlawful behaviour;
(b) whether the person admits to being a member of the gang or an associate of the gang;
(c) whether the person uses a name, word, sign, symbol, logo or other representation that identifies, or is associated with, the gang;
(d) whether the person receives benefits from the gang; and
(e) whether the person frequently associates with a member of the gang or an associate of the gang.
136.1( 4) For the purposes of this section, a peace officer may demand any person in a licensed premises to produce a valid identification document bearing a photograph of the person offering it.
136.1( 5) Despite section 51 and subsection 56(5) of the Provincial Offences Procedure Act, if a person is convicted of an offence under subsection (2), the minimum fine shall be double the minimum fine specified in that Act for that category of offence.
1( 2) Schedule A of the Act is amended by adding after
the following:
| | 136.1(2)............... | E | |
Regulation under the Liquor Control Act
2( 1) Section 20 of New Brunswick Regulation 84-265 under the Liquor Control Act is repealed and the following is substituted:
20( 1) No licensee shall permit disorderly, boisterous or intoxicated persons to be in the licensed premises, permit the use of profane or vulgar language in the licensed premises or use profane or vulgar language in the licensed premises.
20( 2) No licensee shall permit any activity in the licensed premises that
(a) is unlawful or illegal,
(b) is detrimental to the orderly operation of the licensed premises,
(c) may adversely affect the health or safety of a person in the licensed premises, or
(d) is prohibited under the licence or by the regulations.
20( 3) No licensee shall permit any person to conduct or manage at the licensed premises a lottery scheme as that term is defined in the Gaming Control Act unless the person is licensed under the Criminal Code (Canada) by or under the authority of the Lieutenant-Governor in Council to conduct or manage the lottery scheme at the licensed premises.
2( 2) Schedule A of the Regulation is amended by striking out “Violation of or failure to comply with section 89.2, paragraph 124.2(1)(c) or 127(1)(a), (b) or (c) or (1.1)(a) or (b), subsection 127(1) or (1.1) or 137(1) or section 138 of the Act or section 20 of this Regulation” and substituting “Violation of or failure to comply with section 89.2, paragraph 124.2(1)(c) or 127(1)(a), (b) or (c) or (1.1)(a) or (b), subsection 127(1) or (1.1) or 137(1) or section 138 of the Act or subsection 20(1), (2) or (3) of this Regulation”.
Regulation under the Provincial Offences Procedure Act
3 Schedule A of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended in the portion for the Liquor Control Act
(a) by adding after
136(2) | | being intoxicated in licensed premises |
the following:
136.1(2) | | failure to comply with demand to leave licensed premises |
(b) by adding after
137(4) | | possessing (or consuming or obtaining) liquor when under 19 years |
the following:
138 | | providing liquor to person apparently under the influence of liquor |