20

 

 

First Session, 51st General Assembly

3 Charles III, 2026

BILL 20

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE CRAIG PARDY
Minister of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Liquor Control Act to

ˇ         add definitions of authorization, authorized producer, direct to consumer agreement, mark-up, period of inactivity, reciprocating jurisdiction and return;

ˇ         provide for the regulation of producers of alcoholic liquor from reciprocating jurisdictions to allow for the sale of alcoholic liquor directly to individuals in the province; and

ˇ         allow individuals in the province to purchase alcoholic liquor directly from authorized producers in reciprocating jurisdictions for the individual's personal consumption.


A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   Ss.57.1 to 57.10 Added

              57.1   Authorization

              57.2   Request for authorization

              57.3   Circumstances under which liquor corporation shall not issue authorization

              57.4   Issuance or refusal of authorization

              57.5   Duties of authorized producer

              57.6   Restrictions

              57.7   Mark-up and return

              57.8   Revocation of authorization

              57.9   List of reciprocating jurisdictions and authorized producers

              57.10 Sharing of information

        3.   S.61 Amdt.
Regulations

        4.   S.68 R&S
Importation of alcoholic liquor into the province by an individual

        5.   S.73.1 R&S
Prohibition

        6.   Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-18
as amended

        1. (1) Section 2 of the Liquor Control Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  "authorization" means an authorization issued under section 57.1;

         (a.2)  "authorized producer" means a person who holds

                      (i)  a valid brewer's licence, spirits licence or wine licence issued under the laws of Canada to produce alcoholic liquor,

                     (ii)  a valid licence issued under the laws of a reciprocating jurisdiction to sell alcoholic liquor produced by the person for commercial purposes in that jurisdiction, and

                    (iii)  a valid authorization;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  "direct to consumer agreement" means an agreement between the province and one or more jurisdictions that allows for importing alcoholic liquor into

                      (i)  the province by individuals for their personal consumption, when purchased from an authorized producer in a reciprocating jurisdiction, and

                     (ii)  a reciprocating jurisdiction by individuals in that jurisdiction for their personal consumption, when purchased from a brewer, distillery or winery located in the province and licensed under this Act and the regulations to sell alcoholic liquor produced by that brewer, distillery or winery;

             (3)  Section 2 of the Act is amended by adding immediately after paragraph (k) the following:

         (k.1)  "mark-up" means the amount set by the board in section 57.7;

             (4)  Section 2 of the Act is amended by adding immediately after paragraph (n) the following:

         (n.1)  "period of inactivity" means a period of time prescribed by the regulations during which alcoholic liquor has not been purchased or sold;

             (5)  Section 2 of the Act is amended by adding immediately after paragraph (p) the following:

         (p.1)  "reciprocating jurisdiction" means a jurisdiction that has entered into a direct to consumer agreement with the province;

         (p.2)  "return" means a return required under section 57.7;

 

        2. The Act is amended by adding immediately after section 57 the following:

Authorization

   57.1 (1) The liquor corporation may issue to a person from a reciprocating jurisdiction an authorization to sell or otherwise supply alcoholic liquor produced by that person to an individual in the province for the individual's personal consumption.

             (2)  An authorization shall be subject to the terms and conditions imposed by the liquor corporation, this Act and the regulations.

             (3)  An authorization shall be in writing and shall include the terms and conditions of the authorization.

Request for authorization

   57.2 (1) A request for an authorization shall be made to the liquor corporation in writing and in the form and manner set by the liquor corporation.

             (2)  A request for an authorization shall include

             (a)  the fee set by the minister;

             (b)  proof, satisfactory to the liquor corporation, that the person is licensed in the reciprocating jurisdiction to sell alcoholic liquor produced by the person; and

             (c)  any other information required by the liquor corporation.

Circumstances under which liquor corporation shall not issue authorization

   57.3 The liquor corporation shall not issue an authorization to a person who

             (a)  does not hold a valid brewer's licence, spirits licence or wine licence issued under the laws of Canada to produce alcoholic liquor;

             (b)  does not hold a valid licence issued under the laws of the reciprocal jurisdiction to sell alcoholic liquor produced by that person for commercial purposes in that jurisdiction; or

             (c)  provides false information in the request for an authorization.

Issuance or refusal of authorization

   57.4 (1) The liquor corporation may issue or refuse to issue an authorization.

             (2)  Where the person requesting the authorization requests, the liquor corporation shall provide written reasons for refusing to issue an authorization.

Duties of authorized producer

   57.5 An authorized producer shall

             (a)  submit the reports prescribed in the regulations;

             (b)  submit the return required under section 57.7;

             (c)  pay the mark-up required under section 57.7;

             (d)  pay the other charges prescribed in the regulations; and

             (e)  comply with the terms and conditions of the authorization and the requirements prescribed in this Act and the regulations.

Restrictions

   57.6 An authorization shall be subject to the restrictions that may be prescribed in the regulations.

Mark-up and return

   57.7 (1) The board may set the mark-up to be paid by an authorized producer and may set different mark-ups

             (a)  for different types or classes of alcoholic liquor; or

             (b)  based on the volume of alcoholic liquor produced by the authorized producer.

             (2)  An authorized producer shall submit to the liquor corporation a return for the period set by the liquor corporation showing the sales of the authorized producer in the province in that period.

             (3)  A return shall be provided in the form and manner set by the liquor corporation.

             (4)  An authorized producer shall provide with the return an amount equal to the mark-up for that period.

             (5)  The return and the mark-up required under this section shall be provided to the liquor corporation within the first 20 days of the period following the period reported in the return.

             (6)  Notwithstanding subsection (2), the liquor corporation may vary the period for which an authorized producer is required to submit a return and pay a mark-up.

             (7)  Where an authorized producer does not pay the mark-up required under subsection (4) in the time and manner set by the liquor corporation, interest shall be levied on that mark-up in accordance with the regulations.

Revocation of authorization

   57.8 (1) The liquor corporation may revoke an authorization in writing where

             (a)  the person's licence to produce alcoholic liquor has been suspended, revoked or cancelled;

             (b)  the person's licence to sell alcoholic liquor has been suspended, revoked or cancelled;

             (c)  there has been a period of inactivity;

             (d)  the person fails to pay the mark-up required under section 57.7 or a fee or charge required under this Act or the regulations;

             (e)  the person fails to comply with or otherwise contravenes this Act, the regulations or a term or condition of the authorization; or

             (f)  the liquor corporation has reasonable cause to revoke the authorization.

             (2)  Where the person issued an authorization requests, the liquor corporation shall provide written reasons for revoking the authorization.

List of reciprocating jurisdictions and authorized producers

   57.9 (1) The liquor corporation shall keep an up-to-date list of

             (a)  reciprocating jurisdictions; and

             (b)  authorized producers.

             (2)  The list referred to in subsection (1) shall be published on the liquor corporation's website.

Sharing of information

57.10 The liquor corporation may share information obtained by the liquor corporation in the administration of section 27 and sections 57.1 to 57.9 with a reciprocating jurisdiction or an agency of the reciprocating jurisdiction where necessary for the administration and enforcement of this Act, the regulations or a direct to consumer agreement.

 

        3. Subsection 61(1) of the Act is amended by adding immediately after paragraph (f.2) the following:

          (f.3)  prescribe the other charges to be paid by an authorized producer;

          (f.4)  prescribe the terms and conditions of an authorization;

          (f.5)  prescribe authorization restrictions;

          (f.6)  prescribe the period of time that constitutes a period of inactivity;

          (f.7)  prescribe the reports to be submitted to the liquor corporation by authorized producers;

          (f.8)  prescribe the manner in which interest shall be calculated for the purposes of subsection 57.7(7);

          (f.9)  prescribe the type, quantity and volume of alcoholic liquor that may be brought or imported into the province by an individual for the individual's personal consumption;

 

        4. Section 68 of the Act is repealed and the following substituted:

Importation of alcoholic liquor into the province by an individual

      68. An individual may, in accordance with this Act and the regulations, import alcoholic liquor into the province, where the alcoholic liquor is intended for personal use and not for resale or commercial use and the alcoholic liquor is purchased

             (a)  by the individual and brought into the province on the individual's person from

                      (i)  a place outside of Canada and is of a kind and not greater in quantity than is permitted under an Act of the Parliament of Canada, to be imported into Canada without the payment of duty or tax, or

                     (ii)  another province or territory of Canada and does not exceed those amounts that may be prescribed in the regulations; or

             (b)  by the individual from an authorized producer and the alcoholic liquor

                      (i)  was produced by the authorized producer in a facility that is located in a reciprocating jurisdiction,

                     (ii)  is shipped directly to the individual by the authorized producer, and

                    (iii)  does not exceed the amounts that may be prescribed in the regulations.

 

        5. Section 73.1 of the Act is repealed and the following substituted:

Prohibition

   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 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.

Commencement

        6. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

ŠKing's Printer