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First Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 201

THE LIQUOR CONTROL AMENDMENT ACT (FETAL ALCOHOL SPECTRUM DISORDER PREVENTION)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L160 amended

1           The Liquor Control Act is amended by this Act.

2           The following is added after section 53 and before the centred heading that follows it:

WARNINGS ABOUT BIRTH DEFECTS

Labels to warn about birth defects

53.1(1)     No person shall sell or serve liquor or a controlled beverage in a bottle, can or other sealed container to a member of the public unless

(a) the container bears a label warning that some birth defects, including fetal alcohol spectrum disorder, are caused by consuming alcohol during pregnancy; and

(b) the warning is clearly printed, in English and French, and is in the form prescribed by regulation.

Clarification

53.1(2)     If the liquor or controlled beverage is sold or served in the bottle, can or other container in which the seller acquired it, the container must bear the label referred to in subsection (1) even if the container is unsealed when it is sold or served.

No labels required on containers in cartons

53.1(3)     Subsection (1) does not apply to the sale of an unopened carton or case of bottles, cans or other containers if the carton or case is closed, fastened or sealed in accordance with the regulations.

Signs to warn about birth defects

53.2        No person shall sell or serve liquor or a controlled beverage in

(a) a liquor store;

(b) a specialty wine store;

(c) licensed premises; or

(d) prescribed premises;

unless

(e) a sign warning that some birth defects, including fetal alcohol spectrum disorder, are caused by consuming alcohol during pregnancy is prominently posted in the store or premises in accordance with the regulations; and

(f) the warning on the sign is clearly printed, in English and French, and is in the form prescribed by regulation.

Regulations

53.3        The Lieutenant Governor in Council may make regulations

(a) prescribing the forms of warnings for labels under section 53.1 and signs under section 53.2;

(b) prescribing premises or types of premises required to have signs under section 53.2;

(c) respecting the posting of signs under section 53.2.

Crown is bound

53.4        Sections 53.1 and 53.2 bind the Crown.

Coming into force

3           This Act comes into force one year after the day it receives royal assent.

Explanatory Note

This Bill prohibits anyone from selling or serving any beverage with more than 0.5% alcohol content without a warning about birth defects caused by consuming alcohol during pregnancy.

Two forms of warning are required:

  • warning labels on bottles, cans and other sealed containers of alcoholic beverages, unless they are sold by the case or carton;
  • warning signs posted in places where alcoholic beverages are sold or served.