RSNL1990 CHAPTER L-18 - LIQUOR CONTROL ACT

Rep. by 1996 c34 s2

4. [Rep. by 1996 c34 s2]

Rep. by 1996 c34 s2

5. [Rep. by 1996 c34 s2]

Rep. by 1992 c18 s2

6. [Rep. by 1992 c18 s2]

1992 c18 s2

Rep. by 1992 c18 s2

7. [Rep. by 1992 c18 s2]

1992 c18 s2

Rep. by 1996 c34 s2

8. [Rep. by 1996 c34 s2]

Rep. by 1996 c34 s2

9. [Rep. by 1996 c34 s2]

Rep. by 1992 c18 s4

10. [Rep. by 1992 c18 s4]

Rep. by 1992 c18 s4

11. [Rep. by 1992 c18 s4]

Rep. by 1992 c18 s4

12. [Rep. by 1992 c18 s4]

Rep. by 1992 c18 s4

13. [Rep. by 1992 c18 s4]

Rep. by 1996 c34 s2

14. [Rep. by 1996 c34 s2]

1992 c18 s9 & 10; 1994 c34 s3; 2001 cN-3.1 s2

Rep. by 1992 c18 s6

15. [Rep. by 1992 c18 s6]

1992 c18 s6

Rep. by 1992 c18 s6

16. [Rep. by 1992 c18 s6]

1992 c18 s6

Powers of board

17. (1) The board may

(a) control the possession, sale and delivery of alcoholic liquor in accordance with this Act and the regulations;

(b) appoint officials to issue and grant permits and licences and appoint or authorize inspectors;

(d) do those things that are considered necessary or advisable by the board for the purpose of carrying into effect this Act and the regulations.

(2) Under the direction of the Minister of Justice and Public Safety, the board shall take all necessary steps for the enforcement of this Act and regulations.

(3) An inspector appointed under subsection (1) has, for the purpose of enforcing this Act, the powers of a member of the Royal Newfoundland Constabulary.

1973 No103 s20; 1992 c18 s7; 1994 c34 s2; 2024 c9 s2

Appeal from Nunatsiuvut government decision

17.1 (1) Where a person is aggrieved by a decision of the Nunatsiavut government relating to the denial of an application for an alcoholic beverage licence, the suspension or cancellation of an alcoholic beverage licence or a refusal or failure to renew an alcoholic beverage licence under the Labrador Inuit Land Claims Agreement Act, that person may appeal that decision to the board and the board shall hold a hearing at those times and places that the board considers most convenient and shall hear and consider relevant representations made by that person and the Nunatsiavut government.

(2) In subsection (1), "Nunatsiavut government" means the Nunatsiavut Government as defined in the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s46

Investigations by board

18. (1) The board may make those investigations that it considers expedient for the administration of this Act into or respecting

(a) the affairs or conduct of a person applying for or holding a licence or of the person’s servants, agents or employees;

(b) an existing licence, permit or authority issued, held or applied for under this Act or the regulations or any premises in respect of which an authority or licence was issued or held;

(2) Where the board believes on reasonable grounds that a person has contravened this Act or regulations, a person appointed to make the investigation ordered under this section may, with a warrant issued under subsection (3) at a reasonable time enter upon any premises that the board considers may be relevant to the investigation and may investigate, inquire into and examine the affairs of the person in respect of whom the investigation is being made and into the books, documents, correspondence and records or other property belonging to or in the possession or under the control of a person that the board considers may be relevant to the investigation.

(3) A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on any premises anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing a person named in the warrant to enter and search those premises and to make those inquiries and copies of books, documents, correspondence and records or other property belonging to or in the possession or under the control of a person that the board considers may be relevant to the investigation that are considered necessary subject to those conditions that may be specified in the warrant.

(4) The owner or person in charge of the premises referred to in this section and a person found there shall give the person named in the warrant reasonable help to enable that person to carry out the person’s duties and functions under this section and shall provide the information that that person may reasonably require.

1973 No103 s21; 1985 c11 s50; 2004 c36 s23l; 2024 c9 s3

Transfer of property

19. All property, whether real or personal, including records, books and accounts, held by the Newfoundland and Labrador Liquor Licensing Board immediately before the coming into force of this section is vested in the liquor corporation.

Non-application

20. (1) Notwithstanding another provision of this Act, this Act shall not apply to beer and wine that is made or brewed by a person for personal or family consumption.

(2) Subsection (1) shall not apply to beer or wine made or brewed on premises, in containers and using facilities, equipment, machinery or utensils that are rented or for which a fee is paid for the purpose of making or brewing that wine or beer.

1994 c34 s3

Rep. by 1996 cR-10.1 s42

21. [Rep. by 1996 cR-10.1 s42]

Rep. by 1996 cR-10.1 s42

22. [Rep. by 1996 cR-10.1 s42]

Rep. by 1996 cR-10.1 s42

23. [Rep. by 1996 cR-10.1 s42]

Rep. by 1996 cR-10.1 s42

24. [Rep. by 1996 cR-10.1 s42]

Rep. by 1996 cR-10.1 s42

25. [Rep. by 1996 cR-10.1 s42]

Rep. by 1996 cR-10.1 s42

26. [Rep. by 1996 cR-10.1 s42]

1997 c13 s37; 2024 c9 s30

Licences

27. The board may issue the classes of licences prescribed in the regulations.

1973 No103 s33; 1992 c51 s2; 2020 c7 s2; 2024 c9 s4

Rep. by 2024 c9 s5

28. [Rep. by 2024 c9 s5]

2024 c9 s5

Licence terms and conditions

29. A licence shall be subject to the terms and conditions

(a) imposed by the board; and

(b) prescribed in this Act, the regulations and the Liquor Corporation Act.

1973 No103 s35; 2024 c9 s6

Effective date of licence

30. (1) A licence becomes effective on the date stated in it as the effective date or, where no effective date is stated, on the date of the issue of the licence.

(2) A licence continues in effect until

(a) cancelled at the request of the licensee; or

(b) suspended or cancelled by the board.

2006 c49 s1

Fees

31. (1) A person to whom a licence is issued shall, before receiving the licence, pay those fees that may be prescribed by the minister.

(2) The fees referred to in subsection (1) may be varied as between the different types of licences or in another manner prescribed by the minister.

1973 No103 s37; 1997 c13 s37

Qualifications of licensees

32. A licence may be issued only to

(a) a person who is at least 19 years of age;

(b) a partnership, each of the members of which is qualified as mentioned in paragraph (a); or

(c) a corporation authorized to carry on its business in the province whose officer, agent or manager in charge of the premises for which the licence is required is personally qualified as mentioned in paragraph (a).

1973 No103 s38; 1992 c18 s11; 1992 c39 s9

Qualification for licence

33. (1) A licence shall not be granted to an applicant unless the applicant qualifies under the regulations in respect of the applicant’s eligibility and conduct, and the management, equipment, accommodation and facilities of the applicant's premises

(a) are so located as not to cause inconvenience to a church, school or hospital;

(b) are provided with suitable lavatories and toilets so located and attended to that they are clean and ventilated;

(c) conform with the laws and regulations of the province relating to health and the regulation of establishments where food is sold;

(d) are constructed and equipped with the storage room, furniture and facilities for the adequate cleansing of the glasses used there as shall be approved by the board and are conducted and maintained to the satisfaction of the board or of an inspector; and

(e) are suitable for carrying on the business of selling alcoholic liquor in a reputable way, and are constructed and equipped so as not to facilitate a breach of this Act, or the regulations and have been approved in writing by an inspector as appropriate to become licensed premises.

(2) A licence shall not be granted to an applicant unless the applicant is an appropriate person to keep and operate the kind of premises in respect of which the licence is sought and the applicant has not been convicted within 3 years before the application for the licence for an offence under the Criminal Code punishable by imprisonment of one year or more.

(3) The board may refuse an application for a licence or refuse to approve the transfer of a licence where

(a) past conduct establishes reasonable grounds for the belief that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(b) the applicant is carrying on activities that are, or will be, where the applicant is licensed, in contravention of this Act or regulations; and

(c) in the case of an application for a licence, the issuing of the licence would not be in the public interest having regard to the needs and wishes of the public in the community in which the premises will be located.

(4) A licence may be suspended or cancelled by the board where there is a failure by the licensee to comply with the conditions set out in subsection (1) or (2).

(5) The board shall cancel a licence where the licensee operates an electronic or mechanical amusement device in contravention of the Lotteries Act or is guilty of an offence under subsection 32(9) of the Revenue Administration Act.

(6) The board shall refuse to issue a licence to a person or shall cancel the licence of a licensee who has been convicted of an offence under section 124.1.

(6.1) The board may cancel a licence where the licensee has been convicted of an offence under the Smoke-free Environment Act, 2005.

(7) [Rep. by 1994 c34 s4]

1973 No103 s39; 1977 c111 s6; 1992 c44 s3; 1993 c15 s2; 1993 c52 s14; 1994 c34 s4; 2005 cS-16.2; 2009 cR-15.01 s118; 2024 c9 s7

Notice

34. An applicant for a licence for an establishment shall, before filing an application with the board, give notice of the applicant's intention to apply for the licence, by publishing a notice in the form set by the board, once a week for 3 consecutive weeks preceding the application in a media circulating in the electoral district in which the premises to which the application relates are situated, and by posting copies of the notice in conspicuous places in the electoral district.

1973 No103 s40; 1977 c111 s7; 2024 c9 s8

Application

35. An applicant shall make an application for a licence in the form set by the board and shall file it with the board, and the application shall contain a description of the premises in respect of which the applicant wishes a licence, and the applicant shall provide the other matter and information and description or plan of that part of the premises in which it is proposed to keep, sell and consume liquor under the licence applied for that may be set by the board.

1973 No103 s41; 1997 c13 s37; 2024 c9 s9

New or repaired premises

36. (1) In case it is proposed to construct new premises or to repair or reconstruct existing premises in respect of which a licence is being sought, the applicant may file an application for the licence before undertaking the work of construction, repair or reconstruction, and where the applicant does so, the applicant shall give the information required in the application in relation to the proposed premises as they will be when completely constructed, repaired or reconstructed, and the applicant shall file with the board plans and specifications satisfactory to the board, showing the location, lay-out and construction of the proposed premises.

(2) Where it is decided that a licence should be granted in respect of a premises referred to in subsection (1), the licence shall not be issued to the applicant until the work of construction, repair or reconstruction is completed in accordance with the plans and specifications and modifications directed by the board and until the premises are inspected and approved in writing by an inspector.

1973 No103 s42; 2024 c9 s10

Investigations

37. Where an application has been received, the board shall order the investigation to be made by an inspector and by other means that the board may consider necessary for ascertaining whether the applicant has complied with this Act and the regulations and whether a licence should be issued in respect of the premises to which the application relates.

1973 No103 s43

Application process

38. (1) An application for a licence shall be made in the form and manner set by the board.

(2) The board may require an applicant to appear in person if the board considers it necessary for the determination of the application.

(3) For the purpose of subsection (2), an incorporated company may be represented by a director, official or manager certified as such to the satisfaction of the board.

1973 No103 s44; 2024 c9 s11

Objections

39. A person may object to an application for a licence and the written grounds of objection shall be filed with the secretary of the board at least 10 days before the meeting of the board at which the application is to be heard.

1977 c111 s6; 1992 c48 s26

Public hearings

40. (1) Where an objection is filed against the granting of an application and the board considers it desirable that a hearing should be held, the board shall hold a hearing at those times and places that the board considers most convenient and shall hear and consider relevant representations made by the applicant and by a person who has filed with the board a written notice of objection to the granting of the application.

(2) A hearing held under this section shall be open to the public.

(3) A member of the board holding a hearing under subsection (1) has the powers conferred on a commissioner by section 9 of the Public Inquiries Act, 2006, and for the purposes of this section, the board is considered to be an "investigating body" under the Public Investigations Evidence Act.

1973 No103 s46; 2024 c9 s12

Notice of hearing

41. (1) Where a hearing is to be held under section 40, the board shall,

(a) in the same media in which notice was given of the application to which the hearing relates, give notice of the time and place of the hearing at which the application will be considered, and the notice shall be published in that media, not more than 4 weeks and not less than 2 weeks before the sittings;

(b) give the applicant for a licence to which the hearing relates written notice of the time and place at which the application will be considered by sending the notice by registered mail as long before the day of the hearing as the circumstances reasonably permit; and

(c) give to a person who filed a written objection under section 39 to the granting of the licence to which the hearing relates notice, in the manner that the board considers reasonable in the circumstances, of the time and place at which the application will be considered.

(2) Hearings held under section 40 may be adjourned from place to place in the province.

1973 No103 s47; 1977 c111 s8; 2024 c9 s13

Adjudication of hearings

41.1 (1) The board may delegate its authority to adjudicate a hearing under this Act to a tribunal of 3 members of the board.

(2) The board may delegate its authority under subsection (1) without reference to a particular dispute.

(3) A decision made by a tribunal under subsection (1) shall be considered to be a decision of the board.

(4) The procedure on a hearing before the board, or before a tribunal under subsection (1) shall be determined by the board.

1996 c34 s3

Grant or refusal of licence

42. The board may in its discretion grant or refuse an application for a licence, but where it refuses an application, it shall at the request of the applicant or other interested party, provide to the person so requesting it a written statement of its reasons for the refusal.

1973 No103 s48

Application of certain sections

43. (1) Sections 35 to 37 and sections 39 to 41 shall, with the necessary changes, apply with respect to an application for the renewal of a licence.

(2) Sections 34 and 38 do not apply with respect to an application for the renewal of a licence unless the board in its discretion otherwise directs.

1973 No103 s49

Transfers of licences

44. (1) A licence shall not be issued in the name of the applicant and a licence shall not be transferred except with the written consent of the board.

(2) Where the transfer of a licence is approved by the board, the transferor shall surrender the licence to the board, and the board shall on payment of the prescribed fee issue a new licence to the transferee for the balance of the unexpired term of the surrendered licence.

(3) The transfer of a licence shall be considered not to be completed until a new licence has been issued under subsection (2) and the prescribed fee has been paid.

(4) The directors of a company which is a licensee shall present to the board for approval a proposed issue or transfer of shares of its capital stock, and where in the opinion of the board a substantial interest is proposed to be issued or transferred, this section and section 45 shall, with the necessary changes, apply to the company as if the company were proposing to transfer its licence.

1973 No103 s50; 2024 c9 s14

Application of sections

45. Sections 34 to 41 shall, with the necessary changes, apply in respect of the transfer of a licence, but the board may dispense with the application of as many provisions of those sections as it considers desirable.

1973 No103 s51

Suspension of licence

46. (1) Where the board is of the opinion that a licensed premises is not being operated in accordance with this Act or the regulations or the conditions prescribed in or in respect of the licence relating to it, the board may suspend the licence for a period not exceeding 30 days.

(2) An inspector generally or specially authorized by the board to do so may exercise the powers conferred on the board by subsection (1).

(3) Where an inspector suspends a licence under this section, the suspension shall be subject to ratification by the board, within 48 hours from the time that it was imposed, and if the suspension is not so ratified within that period, it shall stop having effect on the expiration of the period.

(4) Sections 49 to 52 do not apply in respect of a suspension made under this section.

1973 No103 s52

Criminal Code re indecency, etc.

47. Where a licensee or officer, manager or agent of a licensee is convicted of an offence under section 167, 173 or 174 or paragraph 175(1)(b) of the Criminal Code, the board may cancel or suspend the licence of that licensee.

1983 c53 s1

Licence cancelled

48. (1) The board may cancel a licence where

(a) the licensee persistently fails to comply with this Act, the regulations, the Liquor Corporation Act, an order, or a condition of the licence;

(b) the licensee persistently fails to carry out the appropriate orders of the board or the Fire Commissioner of the province;

(d) the licensee fails to maintain the licensed premises in accordance with the standards, specifications and conditions prescribed by the board;

(e) the licensee fails to operate the licensed premises in an orderly manner;

(f) any of the circumstances exist that under section 33 or another provision of this Act would prevent the issue of a licence; or

(g) the licensee is bankrupt or a mortgagee enters into possession of the licensed premises.

(2) Notwithstanding subsection (1) or another provision of this Act, the board may issue a temporary licence to a trustee in bankruptcy or a mortgagee in possession for not more than 6 months in order that the trustee in bankruptcy or the mortgagee in possession may dispose of the licensed premises.

(3) Where, after a period of time that the board may establish, there has been no purchase or sale of alcoholic liquor under a licence, that licence shall be considered to have lapsed and may be cancelled by the board.

1973 No103 s53; 2006 c49 s2; 2024 c9 s15

Proceedings for cancellation

49. (1) Where an objection is made to the board against renewal or transfer of a licence or where the board proposes to cancel or suspend or not to renew or transfer a licence, the board shall, by written notice, require the licensee to show cause to the board why the licence should not be cancelled or suspended or should be renewed or transferred, and the notice shall state the time and place when and where the licensee or proposed transferee will be heard by the board.

(2) The notice required by subsection (1) shall be sent by registered mail by the board to the licensee or proposed transferee at the licensee's or proposed transferee's last known address at least 7 clear days before the date of the hearing.

(3) A hearing held under this section shall be open to the public.

(4) A member of the board holding a hearing under this section has the power conferred on a commissioner by section 9 of the Public Inquiries Act. 2006, and for the purposes of this section, the board is considered to be an "investigating body" under the Public Investigations Evidence Act.

(5) Where a licensee fails to appear at a hearing proposed to be held under this section and the question to be decided at the hearing is whether a licence should be cancelled or suspended,

(a) where it has not been established by evidence given before the board that the licensee has received actual notice of the hearing, the board shall adjourn the hearing and serve the licensee with a copy of the notice in the manner prescribed in section 14 of the Provincial Offences Act for the service of summonses; or

(b) where it has been proved by evidence given before the board that the licensee has received actual notice of the hearing or has been served with a copy of the notice in the manner prescribed in section 14 of the Provincial Offences Act for the service of summonses, the board may proceed with the hearing and dispose of the matter, in the absence of the licensee.

1973 No103 s54; 1979 c35 Sch A; 1997 c13 s37; 2024 c9 s16

Disposition

50. (1) Upon the hearing of a licensee or proposed transferee under section 49 and all evidence offered by the licensee or the transferee or another person, the board may make the order that it considers appropriate and, in particular, may in an order

(a) cancel the licence;

(b) disqualify a person from holding a licence;

(d) impose those conditions upon the licensee or proposed transferee that the circumstances require.

(2) Hearings held under section 49 may be adjourned from place to place in the province.

1973 No103 s55

Appeal

51. (1) A person who is aggrieved by a decision of the board relating to the suspension or cancellation of or failure to renew a licence may appeal to a judge of the Supreme Court.

(2) Where a person proposes to appeal under subsection (1) the person shall, within 30 days after receiving the decision of the board, serve on the secretary of the board a written notice of the person’s intention to appeal to a judge of the Supreme Court.

(3) The notice of appeal to be served under subsection (2) shall be signed by the person appealing or by the person’s solicitor or agent, and in the notice, the grounds of appeal shall be set out, and the appellant shall file a copy of the notice with the Supreme Court.

1973 No103 s56; 1974 No57 Sch C; 1986 c42 Schs A&B; 2013 c16 s25; 2024 c9 s17

Appointment of day for hearing

52. (1) The person appealing shall, within 14 days after service of the notice of appeal under subsection 51(2), apply to the judge for appointment of a day for the hearing of the appeal, and shall, not less than 14 days before the hearing, serve upon the secretary of the board a written notice of the day appointed for the hearing.

(2) The judge shall hear the appeal and the evidence brought forward by the appellant and by the board in a summary manner and shall decide the matter of the appeal.

(3) The board shall produce before the judge on the hearing of the appeal all papers and documents in its possession affecting the matter of the appeal.

(4) The costs of the appeal are in the discretion of the judge and the judge may make an order respecting them in favour of or against the board and may fix the amount.

(5) An appeal may be taken from the order or decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from an order or decision of a judge of the Supreme Court, apply to appeals under this subsection.

1973 No103 s57; 1974 No57 Sch D; 1986 c42 Sch B; 2024 c9 s18

Posting of licence

53. A licensee shall post the licensee’s licence and as long as it is in force, keep it posted in a prominent position on the premises described in it.

1973 No103 s58; 2024 c9 s19

Marketing, advertising, sponsorship and promotion restrictions

53.1 All marketing, advertising, sponsorships and promotions related to alcoholic liquor shall comply with the requirements prescribed in the regulations.

2024 c9 s20

How to keep alcoholic liquor

54. (1) Alcoholic liquor kept by a licensee for sale shall, while in the licensee's possession, be kept in the container in which it was when purchased by the licensee.

(2) A licensee shall not

(a) put other alcoholic liquor in a container in which another alcoholic liquor was purchased by the licensee; or

(b) dilute, alter or treat deceptively the contents of a container of alcoholic liquor, while the alcoholic liquor is in the licensee's possession.

(3) A licensee or a person employed by the licensee shall not sell beer or wine by the glass except from the barrel, keg or other container in which the beer or wine was contained when the beer or wine was delivered to the licensee in accordance with this Act and the regulations.

1973 No103 s59; 1977 c111 s9; 1978 c58 s4; 2024 c9 s21

Unlicensed liquor not to be consumed

55. (1) A person shall not consume upon licensed premises a liquor of a kind which is not permitted to be sold under the licence issued in respect of that licensed premises.

(2) A licensee or a person employed by a licensee shall not permit a person to consume upon the licensed premises to which the licence of the licensee relates a liquor of a kind which is not permitted to be sold under the licence.

1973 No103 s60; 2024 c9 s22

Liquor not to be removed from licensed premises

55.1 A person shall not remove liquor from a licensed premises except as permitted in the regulations.

2024 c9 s23

Licence restrictions

56. (1) A licence issued under this Act or the regulations shall be subject to the restrictions prescribed in the regulations.

(2) The regulations may prescribe different restrictions for different classes of licences.

1973 No103 s61; 1977 c111 s10; 2024 c9 s24

Tax

56.1 (1) For the purpose of this section,

(a) "licensee" means a licensee as defined by this Act at any time after January 31, 2001 and before March 31, 2006;

(b) "permittee" means a person issued a permit under this Act at any time after January 31, 2001 and before March 31, 2006; and

(i) purchased liquor for the person's own use or consumption or for the use or consumption by other persons at the person's expense, or

(ii) purchased liquor on behalf of or as an agent for a principal who was acquiring that liquor for use or consumption by the principal or by other persons at the expense of the principal.

(2) A purchaser shall pay to the Crown for the purpose of raising revenue for Crown purposes a tax respecting the use or consumption of all liquor purchased by the purchaser in the licensed premises of a licensee or permittee at any time after January 31, 2001 and before March 31, 2006, computed at the rate of

(a) 12% of the purchase price of liquor and wine and $0.60 per dozen beer for the period of January 31, 2001 to March 31, 2005 inclusive; and

(b) 9% of the purchase price of liquor and wine and $0.45 per dozen beer for the period of April 1, 2005 to March 31, 2006 inclusive.

(3) The tax shall be in addition to every other tax paid by the purchaser in respect of the purchase of the liquor.

(4) A purchaser shall be considered to have paid the tax at the time the liquor was purchased.

(5) At any time after January 31, 2001 and before March 31, 2006, a licensee or permittee shall be considered to have been an agent of the Crown for the purpose of collecting the tax and shall be considered to have collected the tax from the purchaser at the time the purchaser purchased the liquor and to have remitted the tax to the Crown.

(6) An allowance or commission is not payable to the licensees or permittees for their services in collecting and remitting the tax.

(7) Where, at any time after January 31, 2001 and before March 31, 2006, money was collected or purported to have been collected as a licensee levy, the money shall by this section be conclusively considered to have been collected and retained by the Crown, without compensation, as payment for the tax.

(8) An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to money collected or purported to have been collected as a licensee levy.

(9) A cause of action against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to money collected or purported to have been collected as a licensee levy is extinguished.

2008 c14 s1; 2024 c9 s25

Requirement to comply with terms and conditions

57. A holder of a licence or permit shall comply with the terms and conditions of the licence or permit.

1973 No103 s62; 2024 c9 s26

Minors

58. A licensee shall not allow a person who has not reached the age of 19 years to enter or work in a licensed premises except as permitted by the regulations.

1973 No103 s63; 1977 c111 s11

Proof of age

59. (1) A person wishing to purchase alcoholic liquor or enter a licensed premises shall produce proof of age upon the demand of an officer or an employee of the licensee, a liquor store or a liquor agency.

(2) A licensee shall require proof of age from a person who the licensee reasonably believes has not reached 19 years of age before permitting that person to enter, be in or remain upon a licensed premises except as permitted under this Act and the regulations.

(3) The board may determine the acceptable forms of proof of age of a person who wishes to purchase alcoholic liquor or enter, be in or remain upon a licensed premises.

1973 No103 s64; 1977 c111 s12; 1997 c13 s37; 2024 c9 s27

Issuance of permits and licences

60. (1) A person authorized to issue permits or licences under this Act and the regulations shall not knowingly issue a permit or licence to a person who

(a) is disqualified to apply for it by this Act or the regulations; or

(b) provides false particulars in the application for a permit or licence.

(2) A person shall not have in the person's possession a permit or licence that the person does not own unless the person has the consent of the lawful owner of the permit or licence.

1973 No103 s65; 2024 c9 s28

Regulations

61. (1) The board, with the approval of the Lieutenant-Governor in Council, may by regulation,

(a) prescribe the days on which licensed premises are to be closed;

(b) prescribe

(i) a time by which licensed premises shall be vacated after the close of sale of alcoholic liquor, and

(ii) the days and hours during which alcoholic liquor may be sold and consumed on licensed premises;

(b.1) prescribe, with respect to alcoholic liquor sold and consumed on licensed premises, the minimum prices at which alcoholic liquor shall be sold to a patron;

(b.2) prescribe the amount of alcohol for the purposes of paragraph 2(a);

(c) prescribe the procedure for making an application for a licence and the terms and conditions to be attached to or to apply in respect of permits and licences issued and granted under this Act or the regulations;

(d) prescribe the nature of the proof to be provided, and the conditions to be observed in the issuing of duplicate permits and licences instead of those lost or destroyed;

(e) prescribe the days and hours during which a licensee who holds a licence issued under this Act or the regulations may sell or deliver beer, prescribe the days and hours in respect of the whole or part of the year, or a specified time or occasion and prescribe different days and hours for different areas in the province;

(e.1) prescribe the quantity and conditions under which liquor in a licensed establishment can be open for serving as opposed to liquor stored as inventory;

(f) prescribe classes of licences;

(f.1) prescribe the terms and conditions of each class of licence;

(f.2) prescribe licence restrictions;

(g) [Rep. by 2024 c9 s29]

(h) [Rep. by 2024 c9 s29]

(i) [Rep. by 2024 c9 s29]

(j) prescribe with respect to liquor to be sold by the glass in a licensed premises

(i) the type or kind of container that shall be used in the delivery of the alcoholic liquor to the appropriate licensee,

(ii) the type or kind of container from which liquor is to be dispensed in glasses,

(iii) the type or kind of glass that shall be used to contain liquor,

(iv) the capacity of and the markings that shall appear on the glass in which liquor is to be sold, or

(v) the quality and volume of liquor to be sold in a glass,

or make provision with respect to all or any of the matters referred to in subparagraphs (i) to (v) of this paragraph;

(k) prescribe the volume of alcoholic liquor that is considered to be a standard serving;

(l) prescribe reports to be made to the liquor corporation by holders of permits and licences;

(m) provide for inspection of records of purchases of liquor by the holders of permits and licences;

(n) prescribe the manner of giving and serving notice required by this Act or the regulations;

(o) [Rep. by 1997 c13 s37]

(p) prescribe the qualifications and requirements for the holder of a licence, the standards, conditions and specifications for licensed premises, the number of licensed premises in a locality, and provide for the inspection of the licensed premises;

(p.1) prescribe the requirements respecting marketing, advertising, sponsorships and promotions related to alcoholic liquor;

(q) specify and describe the place and the manner in which alcoholic liquor may be lawfully kept or stored;

(q.1) prescribe the circumstances in which liquor may be removed from a licensed premises;

(r) regulate the conduct, management, equipment, maintenance, facilities and accommodation of premises licensed under this Act;

(s) provide that designated classes of licenses may be permitted to operate on different designated premises at different times but not on more than one premises at a time and prescribe the terms and conditions under which the permission may be given;

(t) [Rep. by 2024 c9 s29]

(u) [Rep. by 1996 cR-10.1 s42]

(v) regulate the licensing, conduct, management and equipment of warehouses where alcoholic liquor is kept for sale or distribution within the province or for the purpose of being matured;

(v.1) provide for the calculation of interest for the purposes of subsection 91(6);

(v.2) define a word or phrase used but not defined in this Act; and

(v.3) provide for matters generally to give effect to this Act.

(w) [Rep. by 2024 c9 s29]

(x) [Rep. by 2024 c9 s29]

(y) [Rep. by 2024 c9 s29]

(z) [Rep. by 2024 c9 s29]

(2) Where it is provided in this Act that an act, matter or thing may be done, if permitted or authorized by the regulations, or may be done in accordance with the regulations, or as provided by the regulations or as may be prescribed in the regulations, then, subject to the approval of the Lieutenant-Governor in Council, the board has the power to make regulations respecting the act, matter or thing.

(3) For the purpose of paragraph 61(1)(b),

(a) different times may be prescribed by which licensed premises shall be vacated after the close of sale of alcoholic liquor; and

(b) different days and hours may be prescribed

in respect of different kinds of liquor, different licensed premises or different kinds of them, or different areas of the province, or in respect of any of those matters.

1973 No103 s67; 1979 c53 s3; 1992 c18 s12; 1993 c15 s3; 1996 cR-10.1 s42; 1997 c13 s37; 2000 c34 s1; 2008 c29 s1; 2020 c7 s3; 2024 c9 s29

Fees and forms

61.1 The minister may set fees and the board may set forms for the purpose and administration of this Act.

Actions of board are final

62. Except where it is otherwise expressly provided in this Act, an action, order or decision of the board as to a matter in respect of which a power, authority or discretion is conferred on the board under this Act is final and shall not be questioned, reviewed or restrained by injunction, prohibition, mandamus or other process or proceeding in a court or be removed by certiorari or otherwise into a court.

1973 No103 s68

Rep. by 1992 c18 s13

63. [Rep. by 1992 c18 s13]

1992 c18 s13

Rep. by 1992 c18 s13

64. [Rep. by 1992 c18 s13]

1992 c18 s13

Use and disposition of liquor obtained under permit

65. (1) A druggist, physician, physician assistant, dentist, veterinarian or a person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health or of a home used exclusively for the care of aged people may use or administer alcoholic liquor in accordance with the terms and conditions prescribed in or in respect of a permit issued under and in accordance with this Act and may charge for the alcoholic liquor so administered or used.

(2) Nothing in this Act shall prevent

(a) a druggist, physician or physician assistant from using alcoholic liquor solely for compounding medicines or as a solvent or preservative, or a public health nurse authorized by a physician from having or selling the medicine or other preparations in which alcoholic liquor is used;

(b) a physician, physician assistant or dentist from prescribing, for the use of a patient, the medicines or other preparations referred to in paragraph (a);

(c) a person from purchasing those medicines or other preparations on the prescription of a physician, physician assistant or dentist; or

(d) other persons who purchase alcoholic liquor under a permit from possessing, using or disposing of the alcoholic liquor for the purpose for which the permit was issued in accordance with this Act and the regulations.

1973 No103 s71; 2024 c22 s48

Brewers licensed by federal statute

66. (1) Nothing in this Act shall prevent a brewer, distiller or other person licensed under a statute of the Parliament of Canada to manufacture alcoholic liquor from having or keeping liquor in a place and in the manner authorized under that statute.

(2) Nothing in this Act shall prevent

(a) the sale of alcoholic liquor by a person to the liquor corporation; or

(b) the purchase, importation and sale of alcoholic liquor by the liquor corporation for the purposes of and in accordance with the Liquor Corporation Act.

1973 No103 s72

Act does not apply to essences

67. (1) Nothing in this Act shall prevent the manufacture, sale, purchase or consumption by reason only of the fact that they contain alcohol

(a) of an extract, essence or tincture or other preparation containing alcohol which is prepared according to a formula of the British Pharmacopoeia or the United States Pharmacopoeia or according to a formula approved of by the liquor corporation; or

(b) of a proprietary or patent medicine prepared according to a formula approved by the liquor corporation and in respect of which a licence has been granted to sell it under a statute of Canada.

(2) Where in a prosecution for selling the products mentioned in this section, the Provincial Court judge hearing the complaint is of opinion that an unreasonable quantity of the product, having regard to the purpose for which the product was legitimately manufactured, was sold or otherwise disposed of to a person either at one time or at intervals and proof is also given that the product was used for beverage purposes, the person selling or otherwise disposing of it may be convicted of an offence under subsection 70(1), and a person so convicted who, during the 2 years occurring immediately afterward, has in the person’s possession or under the person’s control any of the products is liable to the penalty set out in subsection 124(8).

(3) A person who obtains or consumes for beverage purposes the products mentioned in this section or a preparation containing alcohol which has been denatured in accordance with the law of Canada may be convicted of an offence under section 74.

1973 No103 s73; 1979 c38 s7; 2024 c9 s31

Limitation on amount of liquor to be brought into province

68. A person may have or consume, in the manner provided by this Act with respect to liquor lawfully obtained from a liquor store, liquor that the person has on any one occasion brought into the province from a place outside the province and that

(a) is brought into the province from a place outside of Canada and is of a kind that 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

(b) the person has legally purchased or acquired in a part of Canada other than the province not exceeding those amounts that may be prescribed by the liquor corporation.

1973 No103 s74; 1978 c58 s5; 2024 c9 s32

Export liquor warehouses

69. Nothing in this Act shall prevent a person from having alcoholic liquor for export sale or for distribution or for the purpose of being matured in the person’s liquor warehouse, provided the liquor warehouse and the business carried on is in accordance with those provisions that may be prescribed in the regulations, or from selling alcoholic liquor from the liquor warehouse to persons in other provinces or in foreign countries or to the liquor corporation, but a warehouse shall not be considered to be a liquor warehouse within the meaning of this section where the person having liquor there has failed to comply with the regulations.

1973 No103 s75; 2024 c9 s33

Sale

70. (1) Except as provided by this Act or the regulations, the Liquor Corporation Act or another Act or other regulations or authority, a person shall not, within the province, directly or indirectly, upon a pretence or upon a device, keep or expose for sale, offer to sell, sell or barter alcoholic liquor to a person, or, in consideration of the purchase or transfer of property or for other consideration or at the time of the transfer of property, give alcoholic liquor to a person.

(2) A person in the province shall not directly or indirectly keep alcoholic liquor, unless it is obtained in accordance with this Act and the regulations.

1973 No103 s76; 2024 c9 s34

Sale to be in accordance with regulations

71. A licensee or another person authorized to sell alcoholic liquor in accordance with this Act or the regulations or the Liquor Corporation Act or regulations made under that Act, or a clerk, employee or agent of the licensee or person shall not directly or indirectly sell, keep or provide liquor in another place or at another time or otherwise than as authorized by that Act or regulations and a relevant licence, permit or other authority issued under that Act.

1973 No103 s77

Offences by minors

72. A person under the age of 19 years shall not

(a) enter a liquor store established or maintained and operated by the liquor corporation unless accompanied by a parent or guardian;

(b) buy alcoholic liquor;

(d) enter, be, remain or work in premises in respect of which a licence has been granted, except where and in the circumstances under which the licensee is permitted or authorized by this Act or as prescribed in the regulations to allow the person to enter, be, remain in or work in the premises.

1973 No103 s78; 1993 c53 s20; 2024 c9 s35

Purchase

73. Except as provided in this Act and the regulations and the Liquor Corporation Act and regulations made under that Act, a person shall not, within the province, directly or indirectly, attempt to purchase, or upon a pretence or upon a device, purchase alcoholic liquor from a person, or, in consideration of the sale or transfer of property or for other consideration or at the time of the transfer of property, take or accept alcoholic liquor from a person.

1973 No103 s79

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.

2009 c24 s1

Adulteration

74. (1) A person shall not have, keep or sell liquor to which has been added a deleterious or noxious substance.

(2) [Rep. by 2024 c9 s38]

1973 No103 s80; 2024 c9 s36

Sale prohibited

75. (1) A person shall not sell, give or otherwise supply liquor to

(a) a person who is disqualified to purchase alcoholic liquor under this Act or the regulations;

(b) an interdicted person;

(d) an officer on duty except by authority of the officer’s superior officer;

(e) an inmate other than an employee of a hospital, infirmary, prison or place of detention;

(f) a person who has been convicted of selling liquor in the person’s possession or of obstructing a search by a constable or authorized person, for a period of 12 months after conviction; or

(g) a person to whom the sale of intoxicants is prohibited under a statute of the Parliament of Canada.

(2) The delivery of alcoholic liquor to any of the persons mentioned in the preceding subsection, whether gratuitously or for reward, constitutes a sale.

(3) A sale made to any of the preceding persons or to persons in respect of whom a notice has been given under this Act by a person permitted by the board to make sales shall not constitute an offence, unless the person making the sale has knowledge that the person to whom the sale is made is one to whom a sale is prohibited.

1973 No103 s81; 1977 c111 s13; 2024 c9 s37

Supplying liquor to minors

76. (1) A person shall not sell or give liquor to a person who has not reached the age of 19 years.

(2) [Rep. by 2024 c9 s38]

1977 c111 s14; 2024 c9 s38

Possession of open alcoholic liquor in public place

77. (1) A person shall not possess open alcoholic liquor in a public place, except under and in accordance with a valid licence or permit issued under this Act and the regulations.

(2) A person shall not be in an intoxicated condition in a public place.

(3) A person shall not give or sell alcoholic liquor to a person apparently under the influence of liquor.

(4) [Rep. by 2024 c9 s39]

1973 No103 s82; 1992 c51 s2; 2024 c9 s39

Possession of still prohibited

78. A person shall not possess a still or part of a still or other contrivance commonly used for the manufacture of alcoholic liquor, except when expressly authorized to do so, and the possession of a still or part of a still or other contrivance shall be, in the absence of evidence to the contrary, proof of a violation of this section.

1973 No103 s83; 2024 c9 s40

2024 c9 s40

79. [Rep. by 202 c9 s40]

2024 c9 s40

Alcoholic liquor in motor vehicle

80. (1) A person shall not drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act, whether it is in motion or not, while there is contained in it, alcoholic liquor, except

(a) alcoholic liquor in a bottle or package that is unopened and the seal unbroken; or

(b) alcoholic liquor in a bottle or package that is packed with personal effects in baggage that is fastened closed or that is not otherwise readily available to a person in the vehicle.

(2) [Rep. by 2024 c9 s41]

1983 c53 s2; 1992 c51 s2; 1995 c29 s1; 2024 c9 s41

Order of interdiction

81. (1) Where a Provincial Court judge is satisfied that a person, resident or sojourning in the province, by excessive drinking of alcoholic liquor, misspends, wastes or lessens the person’s estate, injures the person’s health, endangers or interrupts the peace and happiness of the person’s family or endangers the welfare, life or health of a person to whom the person owes a duty, the Provincial Court judge may make an order of interdiction prohibiting the sale of alcoholic liquor to the person until further order, and the Provincial Court judge shall file a copy of the order immediately with the board.

(2) Where a person has been convicted of a third or subsequent offence against this Act within a period of 2 years, the Provincial Court judge so convicting may make an order of interdiction directing the person is to receive no alcoholic liquor from the liquor corporation or a licensee until further order, and the Provincial Court judge shall file a copy of the order immediately with the board.

1973 No103 s85; 1979 c38 s7; 1992 c18 s14; 2024 c9 s42

Possession by interdicted person

82. (1) An interdicted person shall not keep, possess or control alcoholic liquor.

(2) On the making of an order of interdiction, the interdicted person may immediately deliver to the liquor corporation all alcoholic liquor then in the interdicted person's possession or under the interdicted person's control to be kept for the person by the liquor corporation until the order of interdiction is revoked or set aside, or to be purchased by the liquor corporation at a price to be fixed by it.

(3) An order of interdiction shall, unless sooner revoked, stop having effect upon the expiration of the period of 5 years from the day of the making of the order.

(4) Where a Provincial Court judge convicts a person who contravenes subsection (1), the Provincial Court judge may declare the alcoholic liquor and all packages in which it was contained to be forfeited to the Crown.

1973 No103 s86; 1979 c38 s7; 2024 c9 s43

Interdiction of premises

83. (1) Where there is committed on premises by a person to whom this section applies an offence under this Act in the nature of

(a) unlawfully selling alcoholic liquor;

(b) unlawfully being in possession of alcoholic liquor;

(d) concealing alcoholic liquor;

(e) failing to declare and produce for inspection alcoholic liquor upon lawful request;

(f) obstructing a lawful search;

(g) distilling liquor or being in possession of a still; or

(h) an offence under this Act in or in relation to a disorderly house,

and the offender is convicted of the offence, the Provincial Court judge making the conviction may upon the application of an officer declare the premises to be interdicted premises for a stated period.

(2) This section applies to the occupier of the premises, the spouse of the occupier, a member, including adopted member, of the family of the occupier, a person in the employment of the occupier, an inmate and a person considered by the Provincial Court judge to be associated with the occupier for the purpose of unlawful dealing with alcoholic liquor.

(3) From the declaration of interdiction and during the period of interdiction,

(a) an alcoholic liquor found in the interdicted premises shall be considered to be unlawfully possessed by the occupier and the occupier shall be considered to have committed an offence against this Act, and the alcoholic liquor shall be subject to confiscation;

(b) an offence under this Act committed by a person on the interdicted premises shall be subject to the maximum penalty for the offence, unless the offender proves to the satisfaction of the court or Provincial Court judge that the offender was not aware that the premises were interdicted premises.

(4) The period of interdiction shall not be less than 6 months nor more than 2 years.

(5) A purchaser or new occupier of the premises may apply to the Provincial Court judge during the period of interdiction for a removal of the interdiction and may have the interdiction removed on proof to the satisfaction of the Provincial Court judge that the purchaser or new occupier is entirely unconnected in interest with the interdicted occupier and upon the application the police shall be heard by the Provincial Court judge.

(6) "Premises" for the purpose of this section means the whole building or part of a building of which the occupier has possession and control, including rooms, space or accommodation let to lodgers or subtenants.

1973 No103 s87; 1979 c38 s7; 1985 c11 s15; 2024 c9 s44

Placarding of interdicted premises

84. Where premises are interdicted, an officer may affix to the outside of the premises facing the street or road, or on the inside of a clear glass window or glass door facing on the street or road, a label or placard stating the fact and the period of interdiction, and the occupier of the premises is responsible for maintaining the placard or label in its position and undefaced throughout the whole period of interdiction and shall, every time the label or placard is removed or defaced, be considered to be guilty of an offence against this Act without proof of the occupier’s complicity in the removal or defacement.

1973 No103 s88; 2024 c9 s45

Transfer of interdiction

85. Where the occupier of an interdicted premises during the period of interdiction removes to other premises, the Provincial Court judge shall, on the application of an officer, transfer the interdiction to the other premises for the remainder of the term of interdiction and the placard or label previously referred to may be affixed to the other premises and removed from the occupier’s former premises.

1973 No103 s89; 1979 c38 s7; 2024 c9 s46

Persons found on premises where offences committed

86. Where the occupier of premises has been convicted of an offence which is one of the classes of offences referred to in section 83 and the premises have been placarded or labelled in accordance with section 84 and the premises are visited by an officer and a further conviction of the occupier as a result of the visit is obtained, a person who is found on the premises when so visited is guilty of a breach of this Act, unless the person satisfies the Provincial Court judge that the person was a resident, employee or lodger in the premises or that the person’s presence there was not for the purpose of committing an offence under this Act.

1973 No103 s90; 1979 c38 s7; 2024 c9 s47

Certificate of appointment

87. A certificate of appointment signed by the chairperson or 2 members of the board is, in the absence of evidence to the contrary, proof of the appointment of an inspector.

1973 No103 s91

Powers of officers

88. (1) An officer may, at all reasonable times, for a purpose related to the administration or enforcement of this Act and the regulations, inspect or examine the premises, processes, books and records of a person that the officer may consider relevant for the purpose of determining compliance with this Act and the regulations, and the officer may, without a warrant, enter a ship, boat, building or place of business of a licensee or upon the premises where that licensee's alcoholic liquor or records are kept and may do one or more of the following:

(a) ascertain the quantities of alcoholic liquor purchased, on hand, sold or used by that licensee;

(b) inspect, audit or examine bank statements, books of account, records, financial statements, including balance sheets and profit and loss statements, or other documents; or

and the person occupying or in charge of the ship, boat, building, place of business or premises where the licensee's alcoholic liquor or records are kept shall produce for inspection the alcoholic liquor or the books and records or other documents that the officer may request.

(1.1) For the purpose of this section, "record" includes

(a) an electronic record; and

(b) a video record which has been created by or for the licensee of activities in or in the vicinity of the licensed premises.

(2) An officer acting under subsection (1) may on any occasion and for the purpose of analysis, take from a ship, boat, building, place of business or premises samples of alcoholic liquor not exceeding an amount necessary for the purpose of conducting the analysis.

(3) A certificate of an analyst appointed under section 115 stating that the analyst has made an analysis of a sample of alcoholic liquor taken under subsection (2) or seized under section 89 or 90 stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(4) All samples taken under this section may be disposed of as the liquor corporation directs.

1994 c34 s5; 2024 c9 s48

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 conveyance 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 conveyance 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;

(d.1) seize and take away cell phones, computers, electronic devices, storage devices and digital video recorders and shall return them as soon as practicable; and

(e) seize, take away and hold a conveyance 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.

(1.1) For the purpose of this section, "record" includes

(a) an electronic record; and

(b) a video record which has been created by or for the licensee of activities in or in the vicinity of the licensed 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 conveyance 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 conveyance 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 conveyance or a premises referred to in this section and a person found there shall not obstruct an officer in the carrying out of the officer's duties.

(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.

(4.1) Subsection (4) does not apply to a dwelling house.

(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.

2009 c24 s2; 2024 c9 s49

Telewarrant

89.1 (1) Where, in the opinion of an officer it would not be practical to personally appear before a Provincial Court judge to apply for a warrant, the officer may make the application by telephone, facsimile or other means of telecommunication.

(2) Where the information on which an application for a warrant is submitted by telephone, facsimile or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone, facsimile or other means of telecommunication.

(3) The information submitted by telephone, facsimile or other means of telecommunication shall include

(a) a statement of the circumstances that make it impracticable for the officer to appear personally before a Provincial Court judge; and

(b) a statement of the officer's grounds for believing that a person has failed to comply with or otherwise contravened this Act or the regulations or that entry onto premises where a failure to comply with or a contravention of this Act or the regulations is believed to occur has been denied.

(4) The sworn or affirmed information submitted by telephone, facsimile or other means of telecommunication by an officer shall specify the name of the person giving evidence, the facts ascertained and the manner and location in which evidence was received, and a record of that information shall be filed by the Provincial Court judge with the clerk of the court over which the judge presides.

2024 c9 s50

Seizure of contraband

90. (1) Where an officer believes on reasonable grounds that a person is in possession of contraband, the officer may, without a warrant, stop and detain in the province a conveyance, in which the officer has reasonable grounds to believe that contraband is located and may examine the contents of that conveyance, including cargo, manifests, records, accounts, vouchers, papers or other things that may provide evidence that the conveyance is carrying contraband and may

(a) seize, take away and hold contraband;

(b) seize, take away and detain a conveyance, receptacle or container in which contraband is located; and

(c) seize and take away manifests, records, accounts, vouchers and other things and retain them until they are produced in a court proceeding.

(2) For the purpose of this section, "record" includes

(a) an electronic record; and

(b) a video record which has been created by or for the licensee of activities in or in the vicinity of the licensed premises.

1994 c34 s5; 2024 c9 s51

Disposal

91. (1) Thirty days following its seizure, alcoholic liquor seized as contraband under section 89 or 90 shall be forfeited to the liquor corporation and may be disposed of as the liquor corporation directs.

(2) The proceeds of sale from alcoholic liquor directed to be sold by the liquor corporation under subsection (1) shall, after payment of costs incurred by the liquor corporation in seizing, impounding, holding and disposing of the alcoholic liquor, be paid to the liquor corporation.

(3) Where a person from whom contraband or a conveyance or other thing has been seized under section 89 or 90 is convicted of an offence under section 124.1 in relation to that seizure, that contraband, if not forfeited under subsection (1), and that conveyance or other thing shall be forfeited to the liquor corporation to be disposed of as the liquor corporation directs.

(4) The proceeds of sale from the sale of contraband, a conveyance or other thing directed to be sold under subsection (3) shall, after payment of costs incurred by the liquor corporation in seizing, impounding, holding and disposing of them, be paid to the liquor corporation.

(5) A person from whom a conveyance or other thing has been seized under section 89 or 90 who is not convicted of an offence under section 124.1 in relation to that seizure shall have that item returned within 3 months from the date of the court proceedings at which the finding of not guilty was made unless further proceedings by way of appeal have been commenced.

(6) A person from whom alcoholic liquor seized as contraband has been seized under section 89 or 90 or sold under subsection (1) who is not convicted of an offence under section 124.1 in relation to that seizure or sale and who establishes to the satisfaction of the liquor corporation that the alcoholic liquor is not contraband and is the person’s property may apply to the liquor corporation to have the property returned or for reimbursement of the value of that alcoholic liquor and the liquor corporation shall return that property or shall pay out to that person an amount equal to the value of the alcoholic liquor that was the person’s alcoholic liquor at the time of its seizure plus interest determined in accordance with the regulations.

1994 c34 s5; 2024 c9 s52

Third party claims

92. (1) A person, other than a person accused of an offence relating to a seizure under section 89 or 90 who claims an interest in a conveyance or other thing seized under those sections, as an owner, lienholder or holder of a like interest may, within 30 days after that seizure, apply to a Provincial Court judge for an order under subsection (2).

(2) If, on the hearing of an application under subsection (1) a Provincial Court judge is satisfied that the applicant has not been involved in the offence resulting in the seizure and has not colluded with an accused in relation to the offence, the judge may order that a seized conveyance or other thing be returned to the applicant at a time and subject to conditions to be specified by the judge.

(3) Where a Provincial Court judge orders that a conveyance or other thing be returned to an applicant under subsection (2), the Provincial Court judge shall order that applicant to post a bond or other form of security in an amount satisfactory to the judge, but not less than the market value of the seized item, pending a final resolution of proceedings commenced under this Act.

(4) Where a person from whom a conveyance has been seized under section 89 or 90 is convicted of an offence under section 124.1, a bond or other security posted under subsection (3) shall be forfeited to the liquor corporation.

1994 c34 s5; 2024 c9 s53

Rep. by 1994 c34 s5

93. [Rep. by 1994 c34 s5]

Rep. by 1994 c34 s5

94. [Rep. by 1994 c34 s5]

Rep. by 1994 c34 s5

95. [Rep. by 1994 c34 s5]

Rep. by 1994 c34 s5

96. [Rep. by 1994 c34 s5]

Rep. by 1994 c34 s5

97. [Rep. by 1994 c34 s5]