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Second Session, 46th General Assembly 58 Elizabeth II, 2009 |
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AN ACT TO AMEND THE LIQUOR CONTROL
ACT |
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Received and Read the First Time................................................................... |
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Second
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Committee...................................................................................................... |
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Third
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Royal Assent................................................................................................... |
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HONOURABLE JEROME
P. KENNEDY, Q.C. Minister of Finance and President of Treasury Board |
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Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTES Clause 1 of this Bill would amend the Liquor Control Act to add a provision prohibiting the movement of liquor within the province except to persons or places authorized under the Act. Clause 2 of the Bill would expand the power of search under section 89 of the Act to include a motor vehicle, all-terrain vehicle, aircraft, ship or boat. It would provide also for the seizure of alcohol alleged to have been obtained contrary to the proposed section 73.1. Clause 3 of the Bill would amend section 124 of the Act to authorize a judge to order the forfeiture of liquor where there is a conviction of an offence contrary to the proposed section 73.1 contained in clause 1. |
A BILL AN ACT TO AMEND THE LIQUOR CONTROL ACT Analysis 1.
S.73.1 Added 2. S.89 R&S 3. S.124 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cL-18 as amended 1. The Liquor Control Act is amended by adding immediately after section 73 the following: Movement of
liquor within the province 73.1 A person shall not, either personally or
through the intervention or with the assistance of another person, order for
delivery, send, bring, or carry liquor or a package containing liquor from a
person or place in the province to (a) a person who may not lawfully purchase and
consume liquor; or (b) a prohibited area as defined in section 128 or an area of the province where purchasing, possessing or consuming alcohol is prohibited by an order, regulation or by-law made under the Indian Act. 2. Section 89 of the Act is repealed and the following substituted: Search for
alcoholic liquor or records 89. (1) Where
an officer believes on reasonable grounds that a person is contravening or has
contravened this Act, the officer may, with a warrant issued under subsection
(2), enter a motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial,
public or private premises in the province, and (a) search for contraband or alcohol alleged to
have been obtained contrary to section 73.1; (b) examine the contents of the motor vehicle, all-terrain
vehicle, aircraft, ship or boat or a commercial, public or private premises and
make those inquiries that the officer considers are necessary; (c) seize, take away and
hold anything which on reasonable grounds is or appears to be contraband or
alcohol alleged to have been obtained contrary to section 73.1; (d) seize and take away manifests, bank
statements, books, accounts or records and shall, upon the request of the owner
of them make copies of those manifests, bank statements, books, accounts or
records and those copies shall be returned to that owner as soon as is
practicable; and (e) seize, take away and
hold a motor vehicle, all-terrain vehicle, aircraft, ship, boat or other thing
in which contraband or alcohol alleged to have been obtained contrary to
section 73.1 is located in or on commercial, public or private premises. (2) A Provincial Court judge who is satisfied upon
oath or affirmation that there are reasonable grounds for believing that there
is in a motor vehicle, all-terrain vehicle, aircraft, ship or boat or a commercial,
public or private premises anything that will provide evidence with respect to
a contravention of this Act may issue a warrant authorizing the officer named
in the warrant to enter the motor vehicle, all-terrain vehicle, aircraft, ship
or boat or a commercial, public or private premises, search for and seize
anything that will provide evidence with respect to a contravention of this
Act, subject to the conditions that may be specified in the warrant. (3) The owner or person in charge of the motor
vehicle, all-terrain vehicle, aircraft, ship or boat or a premises referred to
in this section and a person found there shall give an officer reasonable help
to enable the officer to carry out his or her duties and functions under this
section and shall provide the information that the officer may reasonably
require. (4) Notwithstanding subsection (1), an officer may
exercise the power of search referred to in that subsection without a warrant
issued under subsection (2) where the conditions for obtaining the warrant
exist but by reason of exigent circumstances it would not be practical to
obtain the warrant. (5) For the purpose of subsection (4), exigent
circumstances include circumstances in which the delay necessary to obtain the
warrant would result in danger to human life or safety or the loss or destruction
of evidence. (6) For the purpose of this section, the word
"premises" includes a receptacle or container that is not a motor
vehicle or trailer. 3. Section 124 of the Act is amended by adding immediately after subsection (4) the following: (5) In addition to a penalty imposed under subsection (1), for a violation of section 73.1, the court may order the liquor involved in the violation be forfeited to the Crown. ŠEarl G. Tucker, Queen's Printer |