BILL 16

An Act to Amend the Liquor Control Act

His 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

(a)  by repealing the following definitions:

“club member” or “member of a club”;

“guest”;

“in-house brewery licence”;

“in-house brewery licensee”;

“interdicted person”;

(b)  by repealing the definition “brewer” and substituting the following:

“brewer” means a person who manufactures beer for commercial purposes; (brasseur)

2 Subsection 40.1(2) of the Act is amended by striking out “mutatis mutandis” and substituting “with the necessary modifications”.

3 Section 40.2 of the Act is amended

(a)  in subsection (1) by striking out “Notwithstanding any other provision of this Act, the Corporation may appoint upon such terms and conditions as the Corporation considers appropriate” and substituting “Despite any other provision of this Act, the Corporation may, on any term or condition the Corporation considers appropriate, appoint”;

(b)  in subsection (1.1) by striking out “Notwithstanding any other provision of this Act, the Corporation may appoint upon such terms and conditions as the Corporation considers appropriate” and substituting “Despite any other provision of this Act, the Corporation may, on any term or condition the Corporation considers appropriate, appoint”;

(c)  by adding after subsection (1.1) the following:

40.2( 1.2) Despite any other provision of this Act, the Corporation may, on any term or condition the Corporation considers appropriate, appoint a brewer who holds a subsisting brewer’s licence issued under this Act and who manufactures 500,000 litres of beer or less per year as an agent of the Corporation to sell, on behalf of the Corporation for consumption in a residence, beer manufactured by the brewer if the beer is sold in unopened containers at a farmer’s market approved by the Corporation.

40.2( 1.3) Despite any other provision of this Act, the Corporation may, on any term or condition the Corporation considers appropriate, appoint a distiller who holds a subsisting distiller’s licence issued under this Act and who manufactures 75,000 litres of liquor or less per year as an agent of the Corporation to sell, on behalf of the Corporation for consumption in a residence, liquor manufactured by the distiller if the liquor is sold in unopened containers at a farmer’s market approved by the Corporation.

(d)  in subsection (2) by striking out “mutatis mutandis” and substituting “with the necessary modifications”;

(e)  in subsection (2.1) by striking out “mutatis mutandis” and substituting “with the necessary modifications”;

(f)  by adding after subsection (2.1) the following:

40.2( 2.2) The provisions of this Act and the regulations relating to the sale of liquor by the Corporation and to a liquor store established by the Corporation for the sale of liquor apply with the necessary modifications to a brewer appointed as an agent of the Corporation under subsection (1.2) and to that part of a farmer’s market used by the brewer for the purpose of the sale of beer.

40.2( 2.3) The provisions of this Act and the regulations relating to the sale of liquor by the Corporation and to a liquor store established by the Corporation for the sale of liquor apply with the necessary modifications to a distiller appointed as an agent of the Corporation under subsection (1.3) and to that part of a farmer’s market used by the distiller for the purpose of the sale of liquor.

(g)  in subsection (3) by striking out “subsection (1) or (1.1), as the case may be, shall in the returns referred to in subsections 114(1) and 115(1)” and substituting “subsection (1), (1.1), (1.2) or (1.3), as the case may be, shall in the returns referred to in subsection 115(1)”;

(h)  in subsection (4) by striking out “subsection (1) or (1.1)” and substituting “subsection (1), (1.1), (1.2) or (1.3)”.

4 Subsection 42.1(2) of the Act is amended

(a)  in paragraph (a) by striking out the comma at the end of the paragraph and substituting “, or”;

(b)  by repealing paragraph (b).

5 Section 48 of the Act is amended by striking out “, if the price to be charged to the purchaser thereof is approved by the Minister and stated in the permit and is sufficient only to return to the permittee the cost of the liquor so purchased and a further amount sufficient only to pay for the cost of transporting and serving the liquor”.

6 Paragraph 63(j) of the Act is repealed.

7 Section 63.01 of the Act is amended

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

63.01( 1) No licensee who holds a licence of a class referred to in paragraph 63(b), (c), (d) or (g) shall by themselves or by their partner, employee or agent provide or make available live entertainment within premises in respect of which their licence is issued unless they hold a licence issued under this section.

(b)  in subsection (3) by striking out “paragraph 63(b), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (c), (d) or (g)”;

(c)  in subsection (4) by striking out “paragraph 63(b), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (c), (d) or (g)”;

(d)  in subsection (6) by striking out “paragraph 63(b), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (c), (d) or (g)”.

8 Section 64 of the Act is amended in the portion preceding paragraph (a) by striking out “paragraph 63(b), (b.1), (c), (d), (g), (j) or (l.1)” and substituting “paragraph 63(b), (b.1), (c), (d), (g) or (l.1)”.

9 Section 69 of the Act is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “paragraph 63(b), (b.1), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (b.1), (c), (d) or (g)”;

(b)  by adding after subsection (1.01) the following:

69( 1.02) A brewer’s licence, a winery licence or a distiller’s licence shall not be issued to a person unless the person is of the full age of 19 years and is not otherwise disqualified under this Act from having or consuming liquor.

69( 1.03) A distiller’s licence shall not be issued to a person unless the person has provided the Minister with a statement of compliance of a fire marshal, a deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the proposed premises meets the standards under the Fire Prevention Act.

10 Subsection 72.1(1) of the Act is amended by striking out “paragraphs 63(b), (b.1), (c), (d), (e), (g), (h), (i) and (j)” and substituting “paragraphs 63(b), (b.1), (c), (d), (e), (g), (h) and (i)”.

11 Subsection 104(1) of the Act is amended

(a)  by repealing paragraph (d);

(b)  by repealing paragraph (e) and substituting the following:

(e)  the application for the licence is submitted to the Minister by a director or officer of the club or the secretary of the club, and

(c)  by repealing paragraph (f).

12 Subsection 111.1(1) of the Act is amended by striking out “paragraph 63(b), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (c), (d) or (g)”.

13 The heading “IN-HOUSE BREWERY LICENCE” preceding section 111.3 of the Act is repealed.

14 The heading “In-house brewery licence” preceding section 111.3 of the Act is repealed.

15 Section 111.3 of the Act is repealed.

16 The heading “Monthly return” preceding section 114 of the Act is repealed.

17 Section 114 of the Act is repealed.

18 Subsection 123(3) of the Act is amended by striking out “sections 114 to 117, and 119 to 122, apply mutatis mutandis” and substituting “sections 115 to 117 and 119 to 122 apply with the necessary modifications”.

19 Paragraph 124.2(3)(a) of the Act is amended by striking out “paragraph 63(b), (b.1), (c), (d), (g) or (j)” and substituting “paragraph 63(b), (b.1), (c), (d) or (g)”.

20 Section 130 of the Act is amended by striking out “paragraph 63(b), (c), (d), (g) or (j),” and substituting “paragraph 63(b), (c), (d) or (g)”.

21 The heading “PART III.1 TAX” preceding section 131.3 of the Act is repealed.

22 The heading “Tax” preceding section 131.3 of the Act is repealed.

23 Section 131.3 of the Act is repealed.

24 Section 135.1 of the Act is amended by striking out “No licensee and no employee or agent of a licensee” and substituting “No special occasion permittee who is authorized to sell liquor and no licensee, employee or agent of a licensee”.

25 Subsection 200(1) of the Act is amended

(a)  in subparagraph (h.1)(ii) by striking out “paragraph 63(b), (c), (d), (f), (g), (j), (k) or (l)” and substituting “paragraph 63(b), (c), (d), (f), (g), (k) or (l)”;

(b)  in paragraph m.1) of the French version by striking out “des conditions” and substituting “des modalités et des conditions”;

(c)  in paragraph (q.1) by striking out “by an in-house brewery licensee under subsection 111.3(12),”.

26 Schedule A of the Act is amended by striking out

	111.3(5) ...............			C
	111.3(9) ...............			C
	111.3(10) ...............			C
	111.3(14) ...............			E
	114(2) ...............			C

27 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.