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The Liquor and Gaming Control Act
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This version is current as of August 22, 2016.
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C.C.S.M. c. L153

The Liquor and Gaming Control Act

(Assented to December 5, 2013)

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"authority" means the Liquor and Gaming Authority of Manitoba continued under section 3. (« Régie »)

"beer" means any beverage produced by the alcoholic fermentation of an infusion or decoction of barley, malt, hops or other similar products in water. (« bière »)

"board" means the board of the authority. (« conseil »)

"executive director" means the person appointed under section 10 as the executive director of the authority. (« directeur général »)

"inspector" means

(a) an inspector appointed or designated under section 119 or 120; and

(b) a member of a police service. (« inspecteur »)

"licensed premises" means the area or areas specified in a liquor service licence where the sale and service of liquor are authorized under the licence. (« locaux visés par une licence »)

"liquor" means beer, wine, spirits and any other product intended for human consumption that contains more than 1% alcohol by volume. (« boisson alcoolisée »)

"liquor service licence" means a licence issued under Division 2 of Part 3. (« licence de service de boissons alcoolisées »)

"local gaming authority" means a municipality or First Nation that has been authorized by the Lieutenant Governor in Council to issue gaming event licences to persons to conduct and manage lottery schemes referred to in paragraph 207(1)(b) of the Criminal Code (Canada) within the municipality or on the reserve of the First Nation. (« autorité locale en matière de jeu »)

"lottery scheme" has the same meaning as in subsection 207(4) of the Criminal Code (Canada). (« loterie »)

"MLLC" means the Manitoba Liquor and Lotteries Corporation continued under The Manitoba Liquor and Lotteries Corporation Act, and includes a subsidiary of MLLC. (« Société »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" includes a local government district and an incorporated community established under The Northern Affairs Act. (« municipalité »)

"permit" means a permit issued under Division 5 of Part 3. (« permis »)

"person" includes an organization, association, group or partnership. (« personne »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"police service" means the Royal Canadian Mounted Police or a police service established or continued under The Police Services Act. (« service de police »)

"prescribed" means prescribed by a regulation under this Act.

"regulated person" means

(a) MLLC;

(b) WCLC;

(c) a local gaming authority;

(d) the holder of a licence or permit issued under this Act, including a person who formerly held a licence or permit or whose licence or permit has been cancelled or suspended; and

(e) a person to whom an approval of the gaming integrity of a lottery scheme has been issued under Part 5. (« personne réglementée »)

"retail liquor licence" means a licence issued under Division 3 of Part 3. (« licence de vente au détail de boissons alcoolisées »)

"retail premises" means

(a) the premises specified in a retail liquor licence where the retail sale of liquor is authorized; and

(b) the premises that are the subject of a retail endorsement granted under section 47. (« point de vente au détail »)

"spirits" means any beverage containing alcohol obtained by distillation. (« spiritueux »)

"WCLC" means the Western Canada Lottery Corporation. (« WCLC »)

"wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, or of other agricultural products containing sugar, including honey and milk. (« vin »)

"Act" includes regulations

1(2)        A reference to "this Act" includes the regulations made under this Act.

Purposes of this Act

2           The purposes of this Act are

(a) to ensure that liquor is purchased, sold, consumed and manufactured in a manner that is in the public interest; and

(b) to ensure that lottery schemes are conducted and managed honestly, with integrity and in the public interest.

PART 2

LIQUOR AND GAMING AUTHORITY OF MANITOBA

Liquor and Gaming Authority of Manitoba

3(1)        The Gaming Control Commission is continued under the name "Liquor and Gaming Authority of Manitoba".

Corporate status

3(2)        The authority is a corporation.

Powers and capacity

3(3)        Subject to this Act, the authority has the capacity, rights, powers and privileges of a natural person that are necessary for carrying out its duties and the purposes of this Act.

Corporations Act does not apply

3(4)        The Corporations Act does not apply to the authority.

Composition of the authority

4(1)        The authority is to consist of at least seven board members appointed by the Lieutenant Governor in Council.

Term of appointment

4(2)        Members appointed by the Lieutenant Governor in Council are to be appointed for a term not exceeding five years.

Member continues to hold office

4(3)        A board member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

5(1)        The Lieutenant Governor in Council must designate one board member as chair and another member as vice-chair.

Duties of vice-chair

5(2)        If the chair is absent or unable to act or if the office is vacant, the vice-chair has the powers and must perform the duties of the chair.

Remuneration of members

6           The authority must pay the chair, vice-chair and other board members the remuneration and reimbursement established by the Lieutenant Governor in Council.

RESPONSIBILITIES

Authority to act in public interest

7           The authority must act independently and in the public interest in exercising its powers and carrying out its duties.

Duties — liquor

8(1)        The authority has the following duties in respect of liquor:

(a) to regulate persons who sell, serve or manufacture liquor;

(b) to provide information and advice to the minister about activities respecting liquor.

Duties — gaming

8(2)        The authority has the following duties in respect of gaming:

(a) to regulate gaming events and persons who are involved in gaming;

(b) to regulate the gaming integrity of lottery schemes conducted and managed in Manitoba;

(c) to provide information and advice to the minister about gaming.

Social responsibility

8(3)        The authority may develop, promote or support initiatives or programs that are designed

(a) to encourage responsible consumption of liquor; and

(b) to encourage responsible participation in gaming.

Authority may gather information

8(4)         In exercising its powers and carrying out its duties, the authority may

(a) arrange and hold meetings to obtain public input on matters related to liquor and gaming; and

(b) conduct research on matters related to liquor and gaming, independently or with others.

General responsibilities

8(5)        In addition to its duties under this section, the authority is to carry out any other duties or responsibilities assigned to the authority by this or any other Act.

Agreements with other jurisdictions

9           With the approval of the minister, the authority may enter into agreements with the government of a province or territory, or an agency of that government, respecting the regulation of liquor or gaming.

EXECUTIVE DIRECTOR

Executive director

10(1        ) The Lieutenant Governor in Council may appoint a person as the executive director of the authority.

Responsibilities of the executive director

10(2)       The executive director is the chief executive officer of the authority and is responsible for

(a) the administration of the authority;

(b) ensuring the policies of the authority are implemented; and

(c) exercising the powers and carrying out the duties assigned to the executive director by the authority or by any Act or regulation.

Delegation

10(3)       The executive director may, in writing, delegate any of his or her powers or duties to an employee or agent of the authority.

Subdelegation

10(4)       The executive director's delegation may include the power of subdelegation.

EMPLOYEES

Employees

11(1)       The authority may employ any persons that it considers necessary for its purposes.

Civil Service Act does not apply to employees

11(2)        The Civil Service Act does not apply to the employees of the authority.

FINANCIAL AFFAIRS

Annual budget

12          The authority must prepare an annual budget before the beginning of each fiscal year and submit it to the Minister of Finance for approval. The budget must be in the form and be submitted at the time specified by the Minister of Finance.

Funding

13(1)       The operations of the authority are to be funded by

(a) the fees received by the authority under this Act;

(b) amounts appropriated by the Legislature for the purposes of the authority; and

(c) amounts that the authority, with the approval of the Treasury Board, directs MLLC to pay to the authority.

MLLC to comply with directive

13(2)       MLLC must comply with a directive made under clause (1)(c), in the time and manner specified by the authority.

Borrowing by authority

14(1)       The authority may borrow money, but only with the approval of the Lieutenant Governor in Council and only

(a) by way of loan from the government

(i) for temporary purposes, or

(ii) for other purposes to the extent permitted under The Financial Administration Act or a Loan Act; or

(b) for temporary purposes by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.

Advance out of Consolidated Fund

14(2)       Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.

Banking and accounts

15          The authority may make banking arrangements, subject to any directives issued by the Minister of Finance, and must keep the accounts that the Minister of Finance requires.

Fees and penalties

16(1)       All application fees and fees for licences, permits and approvals issued or granted by the authority, and all administrative penalties imposed under this Act, are payable to the authority and must be deposited in the authority's accounts.

Disposition of penalty amounts

16(2)       Amounts received or collected by the authority in respect of administrative penalties are to be transferred to the Consolidated Fund as directed by the Minister of Finance.

Property

17          With the approval of the minister, the authority may acquire and hold any interest in real or personal property, and sell, mortgage, lease or otherwise deal with or dispose of any interest in real or personal property.

Investment of money

18(1)       The authority must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.

Investment and interest to be paid to authority

18(2)       At the request of the authority, the Minister of Finance must pay to the authority any money invested under subsection (1) and interest earned on those investments.

Fiscal year

19          The fiscal year of the authority ends on March 31 of each year.

Audit

20          The records, accounts and transactions of the authority in each fiscal year are to be audited by an auditor — who may be the Auditor General — appointed by the Lieutenant Governor in Council. The expenses of the audit are to be paid by the authority.

ANNUAL REPORT

Annual report

21(1)       Within six months after the end of each fiscal year, the authority must prepare and submit a report to the minister on its activities during that fiscal year.

Content of report

21(2)       The report must include the audited financial statements of the authority and any other information that the minister requires.

Tabling report in Assembly

22          The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

PART 3

LIQUOR

DIVISION 1

INTERPRETATION

Definitions

23          The following definitions apply in this Part.

"age-restricted licensed premises" means licensed premises that minors are generally prohibited from entering

(a) under the category of liquor service licence in question; or

(b) as the result of a term or condition imposed upon the licence. (« locaux visés par une licence pour clientèle adulte »)

"liquor store" means

(a) a liquor store operated by MLLC under The Manitoba Liquor and Lotteries Corporation Act;

(b) a duty free liquor store established under section 33 of The Manitoba Liquor and Lotteries Corporation Act; and

(c) that part of the premises of a person who has entered into an agreement with MLLC under section 34 of The Manitoba Liquor and Lotteries Corporation Act that is used for the sale or storage of liquor. (« magasin d'alcools »)

"sell" includes to offer for sale or display for sale. (« vendre »)

DIVISION 2

LICENSED PREMISES

LIQUOR SERVICE LICENCES

Liquor service licences

24(1)       The executive director may issue categories of liquor service licences established by regulation that authorize the licensee to sell liquor for consumption in the licensed premises.

Age-restricted liquor service licences

24(2)       One or more categories of liquor service licences may be established under which minors are generally prohibited from entering the licensed premises.

Licence category reserved for hotels

24(3)       A category of liquor service licence is to be established that may be issued only to the operator of a hotel that meets prescribed requirements.

Restrictions respecting licence category

24(4)       A category of liquor service licence is to be established that may be issued only in respect of

(a) premises in an area established by regulation; or

(b) premises of a class or type established by regulation.

Brew pub endorsement

25(1)       The executive director may grant a brew pub endorsement on a liquor service licence. The endorsement authorizes the licensee to

(a) produce beer at the licensed premises, up to a maximum prescribed volume; and

(b) sell the beer produced at the licensed premises,

(i) for consumption in the licensed premises,

(ii) from the licensed premises by retail sale for consumption outside the licensed premises, and

(iii) to MLLC for sale at retail premises;

in accordance with prescribed requirements.

Requirements

25(2)       The executive director may grant a brew pub endorsement to a licensee if

(a) the equipment to be used to produce beer at the licensed premises is acceptable to the executive director; and

(b) the executive director is satisfied that the premises are appropriate.

OPERATION OF LICENSED PREMISES

Liquor served in licensed premises

26          Except when permitted by regulation, all liquor sold and served in licensed premises, including beer produced under authority of a brew pub endorsement, must have been purchased by the licensee from MLLC or from retail premises.

Duties of licensee

27(1)       A licensee must ensure that

(a) the licensed premises are operated in accordance with this Act; and

(b) the operation of the licensed premises does not contravene a federal or provincial enactment or a municipal by-law.

Duty of licensee re conduct in licensed premises

27(2)       A licensee must not

(a) allow or permit any activity that contravenes a federal or provincial enactment or a municipal by-law to take place in the licensed premises;

(b) allow or permit disorderly persons to be in the licensed premises or in the immediate vicinity outside of the licensed premises;

(c) knowingly sell or serve liquor to any person in the licensed premises who is or appears to be intoxicated or permit any person in the licensed premises to possess liquor if he or she is or appears to be intoxicated; or

(d) allow or permit the excessive consumption of liquor by any person in the licensed premises.

No disorderly conduct in licensed premises

28          A person must not engage in disorderly conduct in licensed premises or in the immediate vicinity of licensed premises.

Request to leave licensed premises

29(1)       A licensee may request a person to leave the licensed premises or request a person to stop trying to enter the licensed premises if the person

(a) is intoxicated;

(b) is prohibited from entering the licensed premises; or

(c) has engaged in any unlawful activity or disorderly conduct in the licensed premises or in the immediate vicinity of the licensed premises.

Compliance with request

29(2)       The person must comply with a request made by a licensee under subsection (1) without delay.

Ejection

29(3)       If the person does not comply with the request under subsection (1), the licensee may eject the person from the licensed premises, using only such force as is necessary for the purpose.

No minors in age-restricted licensed premises

30(1)       A minor must not enter or remain in age-restricted licensed premises, except as permitted by regulation or as authorized by the executive director.

Licensee to prohibit entry to minor in age-restricted licensed premises

30(2)       The licensee of age-restricted licensed premises must not allow a minor to be present in the licensed premises, except as permitted by regulation or as authorized by the executive director.

Licensee to prohibit consumption by minors

30(3)       A licensee must not allow a minor to possess or consume liquor in the licensed premises, except as permitted by regulation.

Licensee to require production of identification

30(4)       If a person who appears to be a minor

(a) seeks to enter or is present in age-restricted licensed premises; or

(b) attempts to order liquor or is in possession of liquor in licensed premises when not permitted to do so under this Act;

the licensee must require the person to produce prescribed identification that provides proof of the person's age.

No weapons in licensed premises

31(1)       A person must not possess a knife, firearm or other weapon in licensed premises without lawful excuse. The burden of proving a lawful excuse rests with the person in possession of the item in question.

Duty of licensee re weapons

31(2)       A licensee must not allow a person to enter or remain in the licensed premises if the licensee knows that the person has, without lawful excuse, a knife, firearm or other weapon in his or her possession.

Interpretation

31(3)       The following definitions apply in this section.

"knife" does not include cutlery provided by a licensee as part of food service at the licensed premises. (« couteau »)

"lawful excuse" does not include possession for self protection. (« excuse légitime »)

Removing persons who create a risk of violence

32(1)       A member of a police service may direct a person to leave licensed or permitted premises or the area in the immediate vicinity of those premises if the member has reasonable grounds to believe that the presence of the person creates a risk of violence in or around the premises.

Considerations re risk of violence

32(2)       For the purposes of determining whether the presence of a person creates a risk of violence, a member of a police service may have regard to any information in his or her knowledge respecting the increased possibility of violent conduct by or against the person, such as

(a) the person's conduct in the premises or in the immediate vicinity of the premises;

(b) threats made by or against the person;

(c) previous violent conduct by the person;

(d) whether the person is a member or associate of a gang; or

(e) whether the person is wearing clothing, headgear or any other item that displays a sign, symbol, logo or other representation that identifies that person as a member or associate of a gang.

Duty to comply with direction to leave

32(3)       A person who is directed to leave premises by a member of a police service acting under authority of this section must comply with that direction without delay.

Removal

32(4)       A person who contravenes subsection (3) may be removed from the premises and the immediate vicinity of the premises by a member of a police service.

Definitions

32(5)       The following definitions apply in this section.

"associate of a gang" means a person who facilitates or participates in the unlawful behaviour of a gang. (« collaborateur d'une organisation criminelle »)

"gang" means a group of persons who engage in a pattern of unlawful behaviour. (« organisation criminelle »)

"unlawful behaviour" means

(a) the production, sale, importation, exportation or trafficking of a controlled substance as defined in the Controlled Drugs and Substances Act (Canada);

(b) prostitution or living on the avails of prostitution;

(c) unlawful possession or transfer of firearms; or

(d) violence, threats, extortion or intimidation. (« activités illégales »)

Emergency closure order

33(1)       An inspector may order that licensed premises be closed immediately and not reopen for a period not longer than 12 hours if he or she determines that there is an immediate threat to the safety of patrons for any reason, including overcrowding, widespread intoxication or the potential for violence in the premises or in the immediate vicinity of the premises.

Assistance

33(2)       When an order is made under subsection (1), the licensee must take all reasonable measures to ensure that the licensed premises are immediately vacated.

Notice of exclusive agreements

34          If a licensee enters into an agreement with a manufacturer of liquor or an agent, employee or representative of a manufacturer under which the licensee agrees to exclusively sell a type of liquor produced by the manufacturer, the licensee must notify the authority and provide any details respecting the agreement that the executive director may request.

DIVISION 3

RETAIL SALE OF LIQUOR

Retail liquor licences

35          The executive director may issue the following categories of licences that authorize the sale of liquor on a retail basis in accordance with this Act:

(a) liquor store licence;

(b) specialty wine store licence;

(c) retail beer vendor licence.

Liquor store licence

36(1)       A liquor store licence may be issued to MLLC or to a person who has entered into an agreement with MLLC under subsection 33(2) or section 34 of The Manitoba Liquor and Lotteries Corporation Act.

Authorized sales

36(2)       A liquor store licence authorizes the licensee to sell liquor on a retail basis from the premises specified in the licence.

Specialty wine store licence

37(1)       A specialty wine store licence may be issued to a person who has entered into an agreement with MLLC under section 35 of The Manitoba Liquor and Lotteries Corporation Act to operate a specialty wine store.

Authorized sales

37(2)       A specialty wine store licence authorizes the holder to sell wine and, if authorized by regulation, grape-based specialty spirits and grape-based specialty liqueurs, on a retail basis from the premises specified in the licence.

Retail beer vendor licence

38(1)       A retail beer vendor licence may be issued to the operator of a hotel that meets prescribed requirements.

Authorized sales

38(2)       A retail beer vendor licence authorizes the licensee to sell beer and, if authorized by regulation, other specified types of liquor, on a retail basis from the premises specified in the licence.

Location of retail beer vendor

38(3)       The premises of a retail beer vendor may be located

(a) in the hotel operated by the licensee;

(b) in a separate building, if the building is located on the same parcel of land as the hotel; or

(c) in a building located on a parcel of land adjacent to the hotel or in such close proximity to the hotel that, based on prescribed criteria, the executive director is satisfied that the retail beer vendor and hotel operate as a single establishment.

Liquor sold in retail premises

39          With the exception of liquor stores operated by MLLC, the holder of a retail liquor licence may only sell liquor purchased from MLLC.

Separate licences required

40(1)       A separate retail liquor licence is required for each location where a person operates retail premises.

Temporary location

40(2)        The executive director may issue a written authorization to the holder of a retail liquor licence that enables the holder to operate at an additional location specified in the authorization for a specified period.

No consumption in retail premises

41(1)       Except as permitted by regulation or by subsection (2), a person must not consume liquor in retail premises.

Exception

41(2)       A person may consume a complimentary sample of liquor in retail premises if the sample is provided in accordance with the regulations.

Delivery of liquor purchased

42          All liquor purchased from retail premises must

(a) be given to the purchaser at the retail premises at the time of purchase and must be taken away by the purchaser for consumption at a place where it may be lawfully consumed; or

(b) be delivered to the purchaser in accordance with the regulations or as authorized by the executive director.

Duties of retail liquor licence holders

43          The holder of a retail liquor licence must ensure that liquor is sold in the retail premises in accordance with this Act and that the retail premises are operated in accordance with this Act.

Sacramental wine vendor licence

44          The executive director may issue a sacramental wine vendor licence that authorizes the licensee to sell wine for sacramental or religious purposes to clergy or other religious officials or persons authorized in writing by clergy or a religious official.

DIVISION 4

MANUFACTURING LIQUOR

Manufacturer's licence

45          The executive director may issue a licence that authorizes the licensee to manufacture the types of liquor set out in the licence at the premises specified in the licence.

No consumption at licensed manufacturing premises

46           Except as permitted by regulation, a person must not consume liquor at premises that are the subject of a manufacturer's licence.

Retail endorsement

47(1)       The executive director may grant a retail endorsement on a manufacturer's licence that authorizes the holder to sell liquor it produces on a retail basis at the premises where it is produced and at other locations specified by the executive director.

Terms and conditions

47(2)       The executive director may impose such terms and conditions on a retail endorsement as he or she considers appropriate.

Duties of holder of retail endorsement

47(3)       The holder of a manufacturer's licence with a retail endorsement must conduct its retail operations in accordance with this Act and the terms and conditions of the endorsement.

Homemade wine and beer

48          Subject to the regulations, an adult may make beer or wine in his or her residence or another place authorized by the executive director.

DIVISION 5

PERMITS

Social occasion permits

49(1)       The executive director may issue a permit to a person or a recognized association, club or other organization holding a prescribed social occasion that authorizes the holder to serve liquor at the premises where the social occasion is being held on the date and times set out in the permit.

Application requirements

49(2)       A party applying for a social occasion permit must

(a) apply in writing to the authority or an authorized agent of the authority on a form approved by the executive director; and

(b) provide any additional information or documentation requested by the executive director.

Issuance of permit

49(3)       The executive director may issue a social occasion permit if the applicant and the premises where the social occasion is to be held meet the prescribed requirements.

Municipality under local option

49(4)       If a plebiscite to prohibit the local sale of liquor has been approved in a municipality, a social occasion permit must not be issued for premises in the municipality unless the municipal council has issued a resolution approving the issuance of social occasion permits in the municipality.

Terms and conditions

49(5)       The executive director may impose terms and conditions on a social occasion permit respecting the conduct of the social occasion and the service of liquor at the social occasion, such as

(a) the maximum number of persons who may attend the social occasion;

(b) the price of liquor at the social occasion, if the permit authorizes the sale of liquor at the social occasion; and

(c) the service of food at the social occasion.

The holder of the permit must comply with those terms and conditions.

Liquor at social occasion

49(6)       All liquor served at a social occasion must be obtained from retail premises.

Minors at social occasions

49(7)       A minor may attend a social occasion but he or she must not possess or consume liquor at the social occasion.

Duties of permit holder

49(8)       The holder of a social occasion permit must ensure that

(a) liquor is served at the social occasion in accordance with this Act and the terms and conditions of the permit;

(b) no minor possesses or consumes liquor at the social occasion; and

(c) the social occasion is conducted in accordance with this Act and the terms and conditions of the permit.

Cancellation

49(9)       The executive director or an inspector may cancel a social occasion permit if

(a) the holder of the permit contravenes this Act or fails to comply with a term or condition of the permit;

(b) the premises where the social occasion is being held no longer meet the prescribed requirements; or

(c) cancellation of the permit is in the public interest.

Special sale permits

50(1)       The executive director may issue a permit to

(a) a charitable organization that authorizes the holder to purchase or accept donations of liquor designated by the authority as a rare or expensive product and sell or auction that liquor for a charitable purpose;

(b) a family member of a deceased person or the executor of a deceased person's estate that authorizes the holder to sell or auction liquor owned by the deceased person;

(c) a person that authorizes the sale of liquor specified in the permit.

Terms and conditions

50(2)       The executive director may impose any terms and conditions on a permit issued under subsection (1) that he or she considers appropriate and the holder of the permit must comply with those terms and conditions.

DIVISION 6

RESPONSIBLE USE OF LIQUOR

Definitions

51          The following definitions apply in this Division.

"boat" means any type of craft or vessel that is designed or used to travel on water. (« bateau »)

"motor home" means a motor home as defined in The Highway Traffic Act. (« caravane automotrice »)

"motor vehicle" means

(a) a motor vehicle as defined in The Highway Traffic Act;

(b) an off-road vehicle as defined in The Off-Road Vehicles Act; and

(c) any other self-propelled vehicle that is designed to travel on land. (« véhicule automobile »)

"public place" means a place, building, road or area to which the public has access and includes a vehicle at such a place, building, road or area, but does not include any place or premises where liquor may be served under authority of a licence or permit. (« endroit public »)

"residence" means

(a) a building or part of a building that is occupied and used by the owner, lessee or tenant solely as a private dwelling, and includes the land and buildings that are normally used for the convenience or enjoyment of occupants of the dwelling;

(b) a private guest room in a hotel, motel or inn that is used as a private guest room by a guest of the hotel, motel or inn;

(c) a private room in a facility that provides care to elderly or infirm persons;

(d) a camper unit, trailer or tent that is occupied and used by the owner, tenant or lessee as a private dwelling, and includes the land that is normally used for the convenience or enjoyment of occupants of the camper unit, trailer or tent;

(e) a motor home, while parked at a place other than a highway, that is occupied and used by the owner or lessee as a private dwelling; and

(f) a boat that is moored at a stationary dock that is occupied and used by the owner or lessee as a private dwelling. (« résidence »)

GENERAL PROHIBITIONS RE LIQUOR

No unauthorized manufacture of liquor

52          Except as authorized under this Act, a person must not manufacture liquor.

No unauthorized sale of liquor

53(1)       Except as authorized under this Act, a person must not sell liquor.

No sale or provision of liquor for illegal resale

53(2)       A person must not give, sell or otherwise supply liquor to another person who is not authorized to sell liquor if he or she knows that the other person intends to sell the liquor in contravention of this Act.

Unlawful purchase of liquor

54          A person must not purchase or attempt to purchase liquor from a person who is not authorized under this Act to sell liquor.

Unlawful transportation of liquor

55          A person must not

(a) deliver or transport liquor; or

(b) send, or cause to be sent, a package, parcel or other container containing liquor;

to a minor or to a place where liquor may not lawfully be kept or possessed.

Unlawful possession of liquor

56          A person must not possess liquor in contravention of a regulation made under The Manitoba Liquor and Lotteries Corporation Act.

No consumption or open liquor in public place

57(1)       Except as permitted under this Act, a person must not, in a public place, consume liquor or possess liquor that

(a) is in a bottle, can or container that has been opened or unsealed after it was purchased; or

(b) is no longer in the bottle, can or container in which it was originally contained.

Authorized places for consumption of liquor

57(2)       Except as permitted under subsection (3) or by regulation, liquor may be consumed only in

(a) a residence;

(b) premises in respect of which a licence or permit has been issued; or

(c) a private place as defined in the regulations.

Liquor in washrooms

57(3)       Subject to the regulations, a person may possess and consume liquor in a washroom that is within or adjacent to premises in respect of which a licence or permit has been issued if the person is otherwise authorized to possess and consume the liquor in those premises.

S.M. 2014, c. 32, s. 16.

No providing liquor to intoxicated person

58          A person must not give, sell or otherwise supply liquor to a person who is or who appears to be intoxicated.

Duty to prevent intoxication and disturbances

59          The occupier of a residence or other premises must not allow or permit any person to become intoxicated in the residence or premises and create a disturbance in the residence or premises or in their immediate vicinity.

LIQUOR IN MOTOR VEHICLES AND BOATS

Transporting liquor in motor vehicles

60(1)       A person must not drive or have the care and control of a motor vehicle, whether or not the motor vehicle is in motion, if there is liquor in the motor vehicle, unless the motor vehicle is the subject of a licence or permit.

Exceptions

60(2)       Subsection (1) does not apply

(a) if the liquor is in a bottle, can or container that has not been opened or unsealed;

(b) if the liquor is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle;

(c) in the case of a motor vehicle that is a station wagon, van or hatchback style of vehicle, if the liquor is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position; or

(d) in the case of a motor vehicle that is a motor home, if

(i) it is being used as a residence, or

(ii) the liquor is stored in a cabinet or other storage compartment away from the driver's area while the motor home is not being used as a residence.

Liquor in taxis

60(3)       The operator of a motor vehicle used for the transportation of persons for compensation must not transport liquor unless the liquor is in the possession of a passenger and is being transported in accordance with subsection (2).

Transporting liquor in boats

61(1)       A person must not operate or have the care and control of a boat while there is liquor in the boat, unless the boat is the subject of a licence or permit.

Exceptions

61(2)       Subsection (1) does not apply

(a) if the liquor is in a bottle, can or container that has not been opened or unsealed; or

(b) if the liquor is stored in a closed compartment in the boat.

MINORS

No providing liquor to minors

62(1)       Except as permitted under this Act, a person must not give, sell or otherwise supply liquor to a minor.

Exception

62(2)        Subsection (1) does not apply to the provision of liquor to a minor

(a) by a doctor, dentist, pharmacist or other health care professional for medical purposes;

(b) by his or her parent, guardian, spouse or common-law partner, if it is given or supplied in a residence; or

(c) for sacramental purposes.

No possession or consumption by minors

63          Except as permitted under this Act, a minor must not possess or consume liquor.

False identification

64(1)       A person must not attempt to purchase liquor or enter licensed premises by presenting identification that

(a) has been altered or defaced to misrepresent the age or identity of the person;

(b) was not legally issued to him or her; or

(c) is otherwise forged or fraudulently made.

No providing identification to other persons

64(2)       A person must not provide his or her identification to a minor with the intent of enabling the minor to purchase liquor or enter licensed premises.

DIVISION 7

SOCIAL RESPONSIBILITY

Public service notices

65(1)       The executive director may, by written notice, require the holder of a retail liquor licence or a liquor service licence to post public service notices provided by the authority on topics such as responsible liquor consumption, the dangers of drinking and driving or information on human trafficking, domestic violence or other matters of public concern.

Duty to post notice

65(2)       The holder of a retail liquor licence or a liquor service licence must post the notices provided by the authority as specified by the executive director.

Training at licensed premises

66(1)       The holder of a liquor service licence must ensure that the manager of the licensed premises and any person who serves liquor or provides security at the licensed premises has successfully completed a training course specified by the executive director.

Training at retail premises

66(2)       The holder of a retail liquor licence and the holder of a manufacturer's licence with a retail endorsement must ensure that any person who is involved in the sale of liquor has successfully completed a training course specified by the executive director.

Investigating and mediating complaints

67(1)       If the executive director becomes aware of a complaint respecting the operation of retail premises, licensed premises or premises that are the subject of a permit, he or she may

(a) investigate the complaint; and

(b) if the person making the complaint and the holder of the licence or the operator of the premises agree, attempt to mediate the complaint.

Information from municipality

67(2)       The executive director may require the municipality in which the licensed premises are located to provide any information in its possession respecting the complaint and the municipality must provide all requested information in its possession.

Municipality may participate in mediation

67(3)       The executive director may request the municipality to take part in a mediation of the complaint.

Reporting to executive director

68          Immediately after becoming aware of any information that would indicate that the holder of a liquor service licence or a retail liquor licence may be involved in the contravention of this Act, MLLC must report the information to the executive director.

DIVISION 8

MISCELLANEOUS PROVISIONS RE LIQUOR

Prohibited place order

69(1)       The executive director may, by written order, designate any place, building or premises, except licensed premises, as a prohibited place for a period specified in the order, which must not exceed one year.

Effect of order

69(2)       When a prohibited place order is in effect, no person may keep, possess or consume liquor in the place, building or premises designated in the order.

When prohibited place order may be made

69(3)       On application by an inspector, the executive director may make a prohibited place order if

(a) he or she is satisfied that there have been repeated incidents where intoxicated persons at the place in question have engaged in violent conduct or have caused a public disturbance; or

(b) a person who owns or occupies the place in question has been convicted of an offence under any of the following provisions:

(i) section 52 (unauthorized manufacture of liquor),

(ii) section 53 (unauthorized sale or provision of liquor),

(iii) section 55 (unlawful transport of liquor).

Notice

69(4)       An inspector must provide notice of the application to a person who owns or occupies the place in question.

Hearing by executive director

69(5)       The executive director is to conduct a hearing on an application for a prohibited place order using the procedures of Part 7 respecting the hearing of appeals, with any necessary changes.

Service of orders

69(6)       A prohibited place order must be served on the owner and occupier of the place in question in accordance with section 152 along with written notice informing the person of the right to appeal the prohibited place order under section 135.

Court order re prohibited place

69(7)       A court order under The Civil Remedies Against Organized Crime Act designating premises as a prohibited place is deemed to be an order made under this section.

Revocation of order

69(8)       A prohibited place order is deemed to be revoked if there has been an actual change in the ownership or occupation of the place in question.

Gifts and sampling

70(1)       Except as permitted by regulation, the holder of a retail liquor licence, a liquor service licence, a manufacturer of liquor and any agent, employee or representative of a manufacturer must not make a gift of liquor to any person or provide a sample of liquor to a person.

Restriction on gifts to licensees

70(2)       Subject to the regulations, a manufacturer of liquor and an agent, employee or representative of a manufacturer may give or offer at a discount items other than liquor to the holder of a retail liquor licence or a liquor service licence.

No acceptance of prohibited gifts

70(3)       The holder of a retail liquor licence or a liquor service licence must not accept a gift or item at a discount if the provision of the gift or item would contravene subsection (1) or the regulations.

Importing liquor

71          Nothing in this Act prohibits a person from possessing and consuming liquor that he or she has lawfully imported or brought into Manitoba.

No application to health care professionals

72          Nothing in this Act prohibits

(a) a pharmacist from preparing or dispensing a preparation containing liquor on the basis of a prescription under The Pharmaceutical Act; or

(b) a physician, dentist or other health care professional from providing liquor or any preparation containing liquor for medical purposes if permitted to do so in the scope of practice of his or her profession.

Marketing representatives

73          A person must not act as a representative or agent of a liquor manufacturer or liquor distributor unless he or she has registered with the authority.

Designation under Importation of Intoxicating Liquors Act

74          Liquor is deemed to be an intoxicating liquor for the purposes of the Importation of Intoxicating Liquors Act (Canada).

Non-potable intoxicating substances

75(1)       The board may, by regulation, designate as a non-potable intoxicating substance any product that

(a) is not designed or intended to be used as a beverage by its producer; and

(b) contains more than 1% alcohol by volume or is considered to be intoxicating by the board.

Description

75(2)       When designating non-potable intoxicating substances, the board may describe any product

(a) in general terms;

(b) by its ordinary or specific name; or

(c) by the trade name or other descriptive name given to it by its producer.

Regulations re sale of non-potable intoxicating substance

75(3)       The board may make regulations prohibiting or regulating the sale of non-potable intoxicating substances.

Restrictions re use of non-potable intoxicating substances

75(4)       A person must not

(a) use a non-potable intoxicating substance as a beverage; or

(b) have a non-potable intoxicating substance in his or her possession for use as a beverage.

Prohibition on sale of non-potable intoxicating substance as beverage

75(5)       A person must not sell a non-potable intoxicating substance for use as a beverage.

Designating substance as liquor

76(1)       The board may, by regulation, designate as liquor

(a) any intoxicating liquid that is capable of being consumed by a person; and

(b) any intoxicating substance that, by being dissolved or diluted or mixed with any other substance, can be consumed as a beverage.

Regulations as to sale or use

76(2)       The board may, by regulation,

(a) prescribe the conditions under which substances designated as liquor by regulation are to be sold or used; or

(b) prohibit the sale or use of such substances.

PART 4

GAMING

DIVISION 1

INTRODUCTORY PROVISIONS

Definitions

77(1)       The following definitions apply in this Part.

"electronic gaming device" means any of the following used in provincial gaming:

(a) a lottery ticket terminal;

(b) a slot machine, as defined in subsection 198(3) of the Criminal Code (Canada), which for certainty includes a video lottery terminal;

(c) an electronic device, if the device is prescribed as an electronic gaming device or is within a class of devices that are prescribed as electronic gaming devices. (« dispositif de jeu électronique »)

"gaming centre provider" means a person who, under an agreement with MLLC, owns or operates premises in which MLLC operates provincial gaming. (« concédant de centre de jeux de hasard »)

"gaming event" means a lottery scheme referred to in paragraph 207(1)(b), (c), (d) or (f) of the Criminal Code (Canada). (« activité de jeu »)

"gaming operator" means a person who, under an agreement with MLLC, owns or operates premises in which the person operates provincial gaming. (« exploitant de jeux de hasard »)

"gaming service" means a service that is prescribed as a gaming service or that is within a class of services prescribed as gaming services. (« service lié aux jeux de hasard »)

"gaming service provider" means a person who provides a gaming service, directly or indirectly, to MLLC, a gaming operator, a local gaming authority or a person who holds a gaming event licence, but does not include a person or a class of persons excluded from this definition by regulation. (« fournisseur de services liés aux jeux de hasard »)

"gaming supplier" means a person who makes, sells, advertises or distributes gaming supplies used in Manitoba, but does not include a person or a class of persons excluded from this definition by regulation. (« fournisseur d'articles de jeux de hasard »)

"gaming supplies" means

(a) subject to the regulations, supplies, equipment and devices designed to be used in provincial gaming; and

(b) other things that are prescribed as gaming supplies. (« articles de jeux de hasard »)

"lottery ticket retailer" means a person who sells tickets or other means of participating in provincial gaming to the public. (« détaillant de billets de loterie »)

"provincial gaming" means a lottery scheme referred to in paragraph 207(1)(a) of the Criminal Code (Canada). (« activité de jeu provinciale »)

"siteholder" means a person who owns premises in which MLLC places video lottery terminals. (« exploitant de site »)

"video lottery terminal" means a video lottery terminal as defined in The Manitoba Liquor and Lotteries Corporation Act. (« appareil de loterie vidéo »)

Interpretation

77(2)       Despite any other provision of this Part, the following are deemed not to act as a gaming operator:

(a) a person who holds a licence as a siteholder;

(b) a person who holds a licence as a lottery ticket retailer;

(c) a prescribed person or class of persons.

Application — MLLC

78(1)       Despite any other provision of this Act, MLLC may

(a) act as a gaming supplier or gaming service provider and, in doing so, is deemed to be licensed to act as a gaming supplier and a gaming service provider; and

(b) distribute or sell tickets or other means of participating in provincial gaming to the public and, in doing so, is not required to hold a lottery ticket retailer licence.

Application — WCLC

78(2)       Despite any other provision of this Act, WCLC may, alone or in conjunction with MLLC, distribute or sell tickets or other means of participating in provincial gaming to the public and, in doing so, is not required to hold a lottery ticket retailer licence.

Application — local gaming authority

78(3)       Despite any other provision of this Act, a local gaming authority may provide gaming supplies or gaming services to a person to whom it has issued a gaming event licence, and for those purposes is deemed to be licensed to act as a gaming supplier and a gaming service provider.

DIVISION 2

LOTTERY SCHEMES

LICENCES

Types of gaming licences

79          The executive director may issue the types of licences listed in Column 1 of the following table that authorize the activities listed opposite in Column 2:

Column 1

Licence

Column 2

Authorized Activities

Gaming event To conduct and manage a gaming event
Gaming operator To act as a gaming operator
Gaming centre provider To act as a gaming centre provider
Siteholder To act as a siteholder
Lottery ticket retailer To act as a lottery ticket retailer
Gaming supplier To act as a gaming supplier
Gaming service provider To act as a gaming service provider
To regularly be in premises in which a lottery scheme is taking place for the purpose of providing a gaming service
Gaming employee To be an employee of MLLC
To be an employee of a gaming operator
Electronic gaming device To use the electronic gaming device in provincial gaming

Gaming licence required

80(1)       Except as authorized by a licence issued under section 79, a person must not

(a) conduct and manage a gaming event; or

(b) act as

(i) a gaming operator,

(ii) a gaming centre provider,

(iii) a siteholder,

(iv) a lottery ticket retailer,

(v) a gaming supplier, or

(vi) a gaming service provider.

Employee licence required

80(2)       An individual must not be an employee of

(a) a gaming operator unless he or she holds a gaming employee licence; or

(b) MLLC, unless

(i) he or she holds a gaming employee licence, or

(ii) the employment is excluded by regulation from the application of this provision.

Gaming service provider licence required

80(3)       Unless he or she holds a gaming service provider licence, an individual who is not an employee of a gaming operator or MLLC must not regularly be in premises in which a lottery scheme is taking place for the purpose of providing a gaming service.

Electronic gaming devices required to be licensed

80(4)       Unless an electronic gaming device licence has been issued for an electronic gaming device, a person must not use, or permit the use of, the electronic gaming device in provincial gaming.

OBLIGATIONS RE CONDUCT, MANAGEMENT AND OPERATION OF LOTTERY SCHEMES

MLLC employees

81(1)       Subject to the regulations, MLLC must ensure that each of its employees holds a gaming employee licence.

MLLC — individual gaming service providers

81(2)       MLLC must ensure that each individual who it regularly permits to be in its premises, or in the premises of a gaming centre provider, holds a gaming service provider licence, if

(a) MLLC is conducting and managing provincial gaming in the premises; and

(b) the individual is not an MLLC employee and is in the premises for the purpose of providing a gaming service to MLLC.

MLLC — siteholders

81(3)       MLLC must not operate a video lottery terminal in the premises of another person unless

(a) the person holds a siteholder licence; and

(b) MLLC has entered into a siteholder agreement with the person.

MLLC — lottery ticket retailers

81(4)       MLLC must not permit a person to act as a lottery ticket retailer on its behalf unless

(a) the person holds a lottery ticket retailer licence; and

(b) MLLC has entered into a lottery ticket retailer agreement with the person.

MLLC acting with others

81(5)       MLLC must not

(a) conduct and manage provincial gaming in premises of another person unless the premises are owned or controlled by a person who holds a gaming operator, gaming centre provider, siteholder or lottery ticket retailer licence; or

(b) conduct, manage or operate a gaming event on behalf of another person unless the person

(i) holds a gaming event licence in respect of the gaming event, or

(ii) has entered into an agreement with MLLC under which MLLC is to conduct, manage or operate the gaming event on the person's behalf.

MLLC — gaming supplies and services

81(6)       MLLC must not purchase or receive

(a) gaming supplies from a person unless the person holds a gaming supplier licence; or

(b) gaming services from a person unless the person holds a gaming service provider licence.

WCLC — lottery ticket retailers

82           WCLC must not permit a person to act as a lottery ticket retailer on its behalf unless the person holds a lottery ticket retailer licence.

Gaming operator's employees

83(1)       A person who holds a gaming operator licence must ensure that each of the person's employees holds a gaming employee licence.

Gaming operator — individual gaming service providers

83(2)       Except for an MLLC employee, a person who holds a gaming operator licence must ensure that each individual who the operator regularly permits to be in its premises to provide a gaming service to the operator or MLLC holds a gaming service provider licence.

Gaming operator — gaming supplies and services

83(3)       A person who holds a gaming operator licence must not purchase or receive

(a) gaming supplies from a person unless the person holds a gaming supplier licence; or

(b) gaming services from a person unless the person holds a gaming services provider licence.

Operations of local gaming authority

84(1)       A local gaming authority must comply with the terms and conditions, if any, contained in

(a) the order in council authorizing it as a local gaming authority; and

(b) any agreement with the government under which it issues gaming event licences.

Local gaming authorities — gaming supplies and services

84(2)       A local gaming authority must not purchase or receive

(a) gaming supplies from a person unless the person holds a gaming supplier licence; or

(b) gaming services from a person unless the person holds a gaming services provider licence.

Duties of gaming event licence holders

85          A person who holds a gaming event licence must not purchase or receive

(a) gaming supplies from a person unless the person holds a gaming supplier licence; or

(b) gaming services from a person unless the person holds a gaming services provider licence.

If employee's licence suspended

86          If the executive director suspends an individual's gaming employee licence, the individual's employer must ensure that the individual is not involved in the conduct, management or operation of any lottery scheme during the period the licence is suspended.

Gaming integrity of lottery schemes

87(1)       MLLC and a person who holds a gaming event licence must not

(a) conduct, manage or operate a lottery scheme; or

(b) make a change, or permit a change to be made, to a lottery scheme;

unless the gaming integrity of the scheme or the change, as the case may be, has been approved under Part 5.

Certain lottery schemes excluded

87(2)       This section does not apply to a lottery scheme conducted, managed or operated

(a) by WCLC; or

(b) under the authority of a gaming event licence issued by a local gaming authority.

DIVISION 3

RECORDS AND REPORTING

Definition: "gaming provider"

88          In this Division, "gaming provider" means

(a) a person who holds a gaming operator licence;

(b) a person who holds a gaming event licence; and

(c) a local gaming authority.

Records to be maintained by gaming providers

89(1)       A gaming provider must maintain records in accordance with

(a) this section and the regulations;

(b) any order made under this Act; and

(c) the terms and conditions of any applicable licence or agreement.

Records must be adequate

89(2)       The records kept by a gaming provider must be adequate to enable the executive director to ensure that the provider is complying with this Act.

Executive director may order records to be kept

89(3)       If the executive director considers that the records kept by a gaming provider are inadequate, he or she may, by written order, require the provider to do one or both of the following by the date specified in the order:

(a) begin maintaining the types of records specified in the order, and to maintain them in the manner specified;

(b) create or complete records for a specified period.

Gaming provider to comply

89(4)       A gaming provider must comply with an order made under subsection (3) within the time specified in the order.

Gaming providers to report

90          A gaming provider must report the prescribed information to the authority, in the form and manner and within the time specified in the regulations.

Financial reporting on request

91(1)       On the request of the executive director, a gaming provider must file a financial statement covering the provider's activities for the period specified by the executive director, as well as any other information that the executive director considers relevant.

Form of financial statement and information

91(2)       The financial statement and required information must

(a) be in a form approved by the executive director; and

(b) be filed within the time specified by the executive director.

Executive director may require audit

91(3)       The executive director may require the financial statement to be audited by an auditor approved by the executive director. In that case, the auditor must examine the statement and supporting documentation and report to the executive director whether, in the auditor's opinion, the financial statement presents fairly the financial position of the gaming provider for the period it covers.

Additional statements to be submitted with audit

91(4)       The auditor's report must include or be accompanied by any statements the auditor considers necessary if, in the auditor's opinion,

(a) proper accounting records have not been kept;

(b) the accounting procedures and controls are not appropriate;

(c) the procedures and controls are not adequate to ensure that the net proceeds of the gaming event are used in a manner that is consistent with the intended use of those proceeds;

(d) an irregularity or discrepancy came to the auditor's attention during the audit; or

(e) the auditor has not received all the information and explanations the auditor required from the gaming provider.

The auditor's report may also include recommendations for improving the proper performance of the duties of, or recordkeeping by, the gaming provider.

Access to records

91(5)       The gaming provider must give the auditor access at all reasonable times to its records, and must give the auditor any information and explanations that the auditor considers necessary to enable the auditor to give a report under this section.

Costs

91(6)       The costs of the audit are to be paid by the gaming provider.

Limitation — holder of gaming event licence

91(7)       For a person who holds a gaming event licence, this section only applies to the activities and financial records of the person in relation to

(a) the gaming event; and

(b) the use or disposition of the proceeds from the gaming event.

Application — siteholder on First Nation reserve

92          The holder of a siteholder licence is deemed to be a gaming provider for the purposes of this Division if the siteholder's premises are located on the reserve of a First Nation.

ANNUAL REPORTING

Annual reporting by local gaming authorities

93(1)       A local gaming authority must publish, in accordance with the regulations, an annual report that includes

(a) the number of gaming event licences it issued;

(b) the amount of money it received in respect of fees charged for gaming event licences it issued; and

(c) any other prescribed information.

Annual report of siteholder

93(2)       The holder of a siteholder licence who is deemed to be a gaming provider by section 92 must publish, in accordance with the regulations, an annual report that includes the prescribed information.

IMMEDIATE REPORTING

Information that is material

94(1)       For the purpose of subsection (2), information is material if

(a) it is information respecting an offence that may have occurred under this Act or the Criminal Code (Canada), which is relevant to the gaming integrity of a lottery scheme; or

(b) it would be used, if known to the executive director, in assessing

(i) the honesty and integrity of a person who holds or applies for a gaming licence, or

(ii) the gaming integrity of a lottery scheme.

Information that must be reported immediately

94(2)       Immediately after becoming aware of any material information, MLLC, WCLC and the holder of a licence issued under section 79 must report the information to the executive director.

DIVISION 4

RESPONSIBLE GAMING

RESPONSIBLE GAMING POLICY

Responsible gaming policy

95(1)       MLLC, WCLC, a person who holds a gaming operator licence and any other person required to do so under the regulations must

(a) prepare a responsible gaming policy that complies with subsection (2);

(b) give a draft of the policy, and any other information or material requested, to the authority for review and comment;

(c) after considering the comments of the authority, if any, adopt and implement the policy;

(d) make the policy available to the public; and

(e) review the policy at least once every five years or at any other time when the authority requests that it consider modifying the policy.

Content of policy

95(2)       A responsible gaming policy must

(a) identify

(i) the measures that will be taken to educate the public about responsible gaming,

(ii) the responsible gaming training to be completed by employees and others who are directly involved in operating or providing a lottery scheme,

(iii) the information that will be given to patrons to assist them to make informed decisions about gaming, and the manner in which that information will be given, and

(iv) in the case of MLLC or a gaming operator, the voluntary exclusion program for patrons that will be adopted and the manner in which the exclusion program will be implemented; and

(b) address any other matters that, under the regulations, are to be addressed in a responsible gaming policy.

Ensuring responsible participation

95(3)       MLLC or a gaming operator may request a person to leave, or stop trying to enter, premises in which provincial gaming is occurring if the person is

(a) intoxicated;

(b) behaving in a disorderly manner;

(c) prohibited from entering the premises; or

(d) a participant in a voluntary exclusion program established by MLLC or the gaming operator.

If the person does not comply with the request, MLLC or the gaming operator may eject the person from the premises, using only the force that is necessary for the purpose.

Regulations

95(4)       The Lieutenant Governor in Council may make regulations

(a) requiring a person to establish a responsible gaming policy and comply with subsection (1);

(b) prescribing matters that must be addressed in a responsible gaming policy.

S.M. 2014, c. 32, s. 16.

RESOLVING GAMING DISPUTES

Definition: "affected party"

96(1        ) In this section, "affected party", in respect of an alleged irregularity in a lottery scheme, means

(a) the patron who alleges the irregularity occurred;

(b) the person responsible for the conduct and management of the lottery scheme; and

(c) if the alleged irregularity occurred on the premises of a person who holds a licence as a gaming operator, lottery ticket retailer or siteholder, the holder of the licence.

Patron may request investigation

96(2)       The patron who alleges that an irregularity occurred in the operation of a lottery scheme may request in writing the executive director to investigate the matter. The request must be made within 30 days after the alleged irregularity occurred, but the executive director may extend the time, even if the 30-day period has expired.

Actions of executive director

96(3)       On receiving a request, the executive director must

(a) investigate the alleged irregularity; and

(b) if the affected parties agree, attempt to mediate the dispute regarding the alleged irregularity.

Procedure

96(4)       The executive director may determine how an alleged irregularity will be investigated and how the mediation, if any, will be conducted.

If dispute settled

96(5)       If the affected parties agree to settle the dispute, the executive director must make a written record of the settlement, which is then binding on the affected parties and is not subject to appeal.

Orders in other circumstances

96(6)       If, after the investigation, the executive director determines that an irregularity occurred — and that mediation has been refused or is unlikely to result in a timely settlement — the executive director may order the relevant affected party to do one or more of the following:

(a) remedy the irregularity;

(b) pay the amount specified by the executive director to the patron and to any other person found to have been adversely affected by the irregularity;

(c) reimburse the authority for its cost in having the gaming integrity of the lottery scheme, or any component of it, independently verified, and for any other extraordinary expense reasonably incurred in determining the existence of the irregularity.

In any other case, the executive director must issue an order dismissing the patron's allegation, without cost to the patron.

Order to be served

96(7)       The executive director must give a copy of an order made under subsection (6) to each of the affected parties, along with a notice that the order may be appealed in accordance with section 135.

Executive director not disqualified after mediation

96(8)       For certainty, the executive director is not disqualified from making an order under subsection (6) by reason of having investigated or tried to mediate a settlement in respect to the alleged irregularity.

Application

96(9)       For certainty and as an exception to subsection 87(2), an investigation and order may be made under this section in respect of a lottery scheme that is conducted, managed or operated

(a) by WCLC; or

(b) under the authority of a gaming event licence issued by a local gaming authority.

PROHIBITIONS

Meaning of "participate"

97          In sections 98 to 100, "participate" means to

(a) pay an amount, directly or indirectly, to secure a chance to win a reward in a lottery scheme;

(b) purchase or accept a lot, card or ticket used in a lottery scheme; or

(c) redeem or attempt to redeem a lot, card or ticket for a reward in a lottery scheme.

Minors prohibited from provincial gaming

98(1)       A minor must not participate in provincial gaming.

Minors not permitted to participate in provincial gaming

98(2)       MLLC, WCLC and a person who holds a licence as a gaming operator, siteholder or lottery ticket retailer must ensure that a minor does not participate in provincial gaming.

Requirement to check identification

99          If a person who appears to be a minor seeks to participate in provincial gaming, MLLC, WCLC or the person who holds a licence as a gaming operator, siteholder or lottery ticket retailer must require that person to produce prescribed identification that provides proof of that persons's age.

Request that minor leave premises

100(1)      MLLC or a gaming operator must request a minor who, for the purpose of participating in casino gaming, seeks to enter or is present in premises in which MLLC conducts and manages casino gaming, to leave the premises or request a minor to cease trying to enter the premises. The minor must comply with the request.

Ejection

100(2)      MLLC or a gaming operator may eject from the premises described in subsection (1) a minor who fails to comply with a request to leave the premises, using only such force as is necessary for the purpose.

Prohibition — unauthorized lottery schemes

101         Except as authorized under this Act or another Act or by the Lieutenant Governor in Council, a person must not

(a) conduct, manage or operate a lottery scheme; or

(b) advertise, promote or hold himself or herself out as someone authorized to conduct, manage or operate a lottery scheme.

PART 5

LICENSING AND APPROVALS

INTERPRETATION

Definition: "applicant"

102(1)      In this Part, "applicant" means a person applying for a licence under this Act or for approval of the gaming integrity of a lottery scheme.

Determining principals of an applicant

102(2) For the purposes of this Part, the principals of an applicant are

(a) if the applicant is a corporation, the officers and directors of the corporation;

(b) if the applicant is a partnership, the partners of the applicant;

(c) if the applicant is a limited partnership, the individual general partner or the officers and directors of a corporate general partner or the partners of a partnership general partner; or

(d) if the applicant is an association of persons or any other organization, the persons who direct the affairs of the association or organization;

and, in respect of any applicant, includes a person who has a prescribed financial interest in the applicant and any other persons who, in the executive director's opinion, are responsible for the management or operation of the applicant's business affairs.

LICENCE APPLICATION PROCESS

Application for licence

103(1)      An application for a licence under this Act must be made in a form approved by the executive director and be accompanied by any prescribed application fee.

Required information

103(2)      An applicant must

(a) provide the information required by the regulations and the application form;

(b) provide any additional information or documentation requested by the executive director;

(c) authorize a third party in possession of information, including personal information, about the applicant and the applicant's principals to release that information to the executive director at his or her request; and

(d) if the executive director requests, provide a statutory declaration confirming the accuracy of the information provided under clauses (a) and (b).

Rejection due to incomplete or inaccurate application

103(3)      An application may be rejected by the executive director if the applicant provides incomplete, false, misleading or inaccurate information in support of the application.

Background investigations

104(1)      The executive director may conduct background investigations of an applicant and the applicant's principals.

Scope of background checks

104(2)      A background investigation may include, without limitation,

(a) carrying out criminal record checks of the applicant and the applicant's principals;

(b) inquiring into the financial history of the applicant and the applicant's principals;

(c) inquiring into the applicant's sources of financing; and

(d) in the case of an application for a gaming event licence, investigating the background of the owner or occupier of any premises in which the applicant intends to operate an event in conjunction with the gaming event.

Inspecting premises

104(3)      If the licensed activity is to occur in specified premises, the background investigation may include an inspection of those premises.

Costs of background investigations

104(4)      The executive director may require the reasonable costs incurred in conducting a background investigation to be paid

(a) by the applicant; or

(b) in the case of a prescribed type of gaming licence, by the person who is required by regulation to pay those costs.

Public notice of certain liquor licence applications

105(1)      If the executive director is satisfied with the results of a background investigation of an applicant for a liquor service licence or a retail beer vendor licence, the executive director is to direct the applicant to give public notice of the application in accordance with this section.

Exception

105(2)      An applicant is not required to give public notice of the application if the applicant seeks a liquor service licence for premises in respect of which the executive director issued the same category of liquor service licence in the year before the application.

Manner of giving public notice

105(3)      The applicant must give public notice of the application

(a) by posting a notice on the proposed licensed premises as directed by the executive director;

(b) by publishing a notice in accordance with the regulations in a newspaper having general circulation in the area where the premises are located; and

(c) in any other manner that the executive director considers appropriate.

Form and content of public notice

105(4)      The public notice must include the following:

(a) the type of licence the applicant is seeking, including, if the application is for a liquor service licence, the category of licence sought;

(b) the name of the applicant and the name under which the applicant carries on business;

(c) the address of the proposed licensed premises;

(d) any other prescribed information.

The applicant must comply with any directions from the executive director intended to ensure that the notice is clear and understandable to the public, such as specific wording to be included on the notice or requirements as to the size or format of the notice.

Objections to licence

105(5)      A person may object to the issuance of a liquor service licence or a retail beer vendor licence sought by the applicant by filing with the authority a written objection setting out the reason for the objection, within 14 days after public notice of the application was given under this section.

Dealing with objections

105(6)      The objection must be dealt with in accordance with section 112.

DECISIONS ON LICENCE APPLICATIONS

When licence may be issued

106(1)      Subject to subsections (2) to (4), a licence may be issued to an applicant if the executive director is satisfied that

(a) given the past or present conduct of the applicant and its principals, the applicant will carry out the activities authorized by the licence with integrity, honesty and in the public interest;

(b) if the licensed activity is to occur in specified premises,

(i) the premises are suitable for carrying on the activity in question and meet all prescribed requirements, and

(ii) there are no concerns about the honesty or integrity of the owner or occupier of the premises, if the owner or occupier is not the applicant;

(c) in the case of an application for a gaming event licence, the applicant can reasonably be expected to carry out their financial obligations as the holder of the licence; and

(d) the applicant satisfies all other requirements of this Act.

Additional requirements — liquor service and retail beer vendor licences

106(2)      A liquor service licence or a retail beer vendor licence may not be issued unless the executive director is satisfied that

(a) the applicant is, or will be, the owner or lessee of the licensed premises, or that the arrangements under which the applicant will occupy the premises are appropriate;

(b) the applicant is the owner of the business carried on from the licensed premises and is entitled to a prescribed percentage of the profits from the sale of liquor at the premises; and

(c) the licence is in the public interest having regard to the needs and wishes of residents of the area where the premises are located.

Compliance with municipal requirements — liquor service and retail beer vendor licences

106(3)      A liquor service licence or a retail beer vendor licence may not be issued unless the executive director is satisfied that the proposed licensed premises will comply with all applicable municipal zoning requirements and that the applicant has obtained or will obtain all required licences, permits and approvals.

Additional requirements — gaming licences

106(4)      A gaming licence in respect of a lottery scheme referred to in paragraph 207(1)(b) of the Criminal Code (Canada) may not be issued unless the executive director determines that

(a) the applicant is a charitable or religious organization and the proceeds from the lottery scheme will be used for a charitable or religious object or purpose;

(b) the applicant's financial plan respecting the lottery scheme is appropriate; and

(c) if the applicant intends to operate an event in conjunction with the lottery scheme,

(i) the event is appropriate, and

(ii) where the event is to be held in premises that are not owned or occupied by the applicant, it is not contrary to the public interest to hold the event in the premises.

Notice of refusal

106(5)      If the executive director refuses to issue a licence, he or she must give the applicant written reasons for the refusal, along with notice that the decision to refuse to issue the licence may be appealed in accordance with section 135.

Terms and conditions on licence

107(1)      The executive director may issue a licence to an applicant with or without terms and conditions. The executive director may also impose, rescind or vary a term or condition on a licence at any time after a licence has been issued.

Restriction re siteholder terms and conditions

107(2)      The terms and conditions imposed on a siteholder licence may not limit the number of video lottery terminals or the operation of the terminals during the time when liquor may be served in the premises.

Compliance with terms and conditions

107(3) The holder of a licence must comply with all terms and conditions on the licence.

Notice of right of appeal

107(4)      When a term or condition is imposed on a licence, or a term or condition is varied or rescinded, the executive director must notify the holder in writing of the right under section 135 to appeal the decision to impose, vary or rescind the term or condition.

GENERAL PROVISIONS RE LICENCES

Licence fees

108(1)      Subject to subsection (2), an applicant must pay the prescribed licence fee for a licence in accordance with the regulations.

Exception

108(2)      For a prescribed class of gaming licence, a prescribed person must pay the licence fee.

Term

109         Unless it is cancelled or suspended, a licence is valid for the period set out in the licence, which must not exceed the prescribed period for that licence.

Licence not transferrable or assignable

110(1)      A transfer or assignment of a licence is not valid without the written consent of the executive director.

Licence invalid if change in control

110(2)      A licence ceases to be valid if there is a prescribed change in control of the holder of the licence, unless the executive director approves the proposed change in accordance with the regulations.

Renewal

111(1)      Upon application and payment of the prescribed fee, the executive director may renew a licence.

Application

111(2)      An application for renewal of a licence is to be dealt with in the same manner as an application for a licence, except that section 105 (public notice) does not apply to an application to renew a liquor service licence or a retail beer vendor licence.

OBJECTIONS TO APPLICATIONS FOR LIQUOR SERVICE AND RETAIL BEER VENDOR LICENCES

Public objections to certain liquor licences

112(1)      This section applies if a person objects to the issuance of a liquor service licence or a retail beer vendor licence in accordance with subsection 105(5).

Actions by executive director

112(2)      The executive director must examine the reasons for objection and, in any manner he or she considers appropriate, attempt to determine if the concerns identified by the objector can be addressed.

Decision

112(3)      After taking the actions required under subsection (2), the executive director must make a decision on the application. The executive director may make any decision that he or she considers appropriate on the application, which may include issuing a licence subject to terms or conditions that are intended to address the reasonable concerns of the objector.

Decision to be given to applicant and objector

112(4)      The executive director must give the applicant and each objector written notice of his or her decision on the application, including reasons for the decision, along with a notice informing the objector of the right to appeal the decision under section 135.

When licence may be issued

112(5)      If the executive director decides to issue a liquor service licence or a retail beer vendor licence after an objection has been received, the licence may not be issued before

(a) the day after the deadline for appealing the decision to issue the licence has expired, if no appeal is filed; or

(b) if an appeal is filed, the day the appeal is finally determined, if the decision to issue a licence is confirmed on appeal.

APPROVING THE INTEGRITY OF LOTTERY SCHEMES

Definition: "approval"

113         In sections 114 to 116, "approval" means the approval of the gaming integrity of a lottery scheme or the approval of a change made to a lottery scheme, and includes the approval of any electronic gaming devices and gaming supplies used in a lottery scheme.

Application re gaming integrity

114(1)      An application for an approval must be made in a form approved by the executive director.

Who may apply

114(2)      The applicant for an approval must be the person who is, or will be, conducting and managing the lottery scheme.

Required information

114(3)      An applicant for an approval must

(a) provide the information required on the application form;

(b) provide any additional information requested by the executive director;

(c) authorize a third party in possession of information relevant to issuing the approval to release that information to the executive director at his or her request; and

(d) if the executive director requests, provide a statutory declaration confirming the accuracy of the information provided under clauses (a) and (b).

Investigation

114(4)      The executive director may conduct an investigation to determine whether an approval may be issued.

Scope of investigation

114(5)      When conducting the investigation, the executive director may examine

(a) the design and concept of the lottery scheme;

(b) the manufacture, installation and maintenance of goods used in or in conjunction with the lottery scheme;

(c) the lottery scheme's minimum requirements as to payout of rewards; and

(d) any measure necessary to be performed to ensure that the lottery scheme is fair, honest, secure, safe and capable of being audited, including the manner and form for reporting on the performance of those measures to the authority.

Costs of investigation

114(6)      The executive director may require that the reasonable costs incurred in the investigation be paid by the applicant.

Refusal to approve integrity

115(1)      An application for an approval may be refused if, in the opinion of the executive director, the lottery scheme is not fair, honest, secure, safe and capable of being audited.

Notice of refusal

115(2)      If the executive director refuses to issue an approval, he or she must give the applicant written reasons for the refusal, along with a notice informing the applicant of the right to appeal the refusal under section 135.

Issuing gaming integrity approval

116(1)      The executive director may issue an approval to an applicant.

Duration of approval

116(2)      An approval is valid for the period specified in the regulations.

Terms and conditions

116(3)      The executive director may issue an approval with or without terms and conditions and may, by written notice to the person who is, or will be, conducting and managing the lottery scheme at any time after an approval has been issued, impose, rescind or vary a term or condition on an approval.

Compliance

116(4)      The person who conducts and manages a lottery scheme must comply with any terms and conditions imposed on its approval.

Order to correct deficiency

116(5)      The executive director may, if he or she reasonably believes that there is a deficiency in the gaming integrity of a lottery scheme, order the person who is conducting and managing the lottery scheme to

(a) remedy the deficiency within the time specified in the order; and

(b) suspend operation of the lottery scheme until the deficiency is remedied.

Notice of right of appeal

116(6)      When imposing any terms or conditions on an approval, or ordering the deficiency to be remedied, the executive director must give the person who is, or will be, conducting and managing the lottery scheme written notice informing the person of the right to appeal the imposition of the term or condition under section 135.

Regulations restricting terms and conditions

117         In considering the gaming integrity of a lottery scheme conducted and managed by MLLC, and in acting under subsection 116(3) (terms and conditions) in respect of such a scheme, the executive director may not consider, or impose terms and conditions respecting, the matters that are prescribed by the Lieutenant Governor in Council.

PART 6

COMPLIANCE

DIVISION 1

DEFINITIONS

Definitions

118         The following definitions apply in this Part.

"compliance order" means an order made under section 128. (« ordre d'observation »)

"inspection" means an inspection conducted under section 123. (« visite »)

"premises" means land and structures, or either of them, and includes a vehicle or trailer, a train or railway car, a boat or vessel, and an aircraft. (« lieu » ou « local »)

DIVISION 2

INSPECTORS AND INSPECTIONS

INSPECTORS

Inspectors

119         The executive director may appoint or designate persons as inspectors for the purpose of enforcing this Act.

Inspectors with restricted enforcement powers

120(1)      The executive director may appoint or designate a person or class of persons as inspectors with restricted enforcement powers.

Appointment requirements

120(2)      The appointment or designation of an inspector with restricted enforcement powers must be made in writing and must set out

(a) the specific provisions of this Act that the inspector is authorized to enforce;

(b) the territorial jurisdiction of the inspector;

(c) the duration of the appointment; and

(d) any terms or conditions imposed on the appointment or designation.

Authorization

120(3)      An inspector with restricted enforcement powers is authorized to enforce only those provisions of this Act set out in the appointment or designation and he or she must comply with all terms or conditions imposed on the appointment or designation.

Identification

121         An inspector, other than a police officer, exercising a power under this Act must produce identification on request.

No obstruction of inspector

122         A person must not obstruct or hinder, or make a false or misleading statement to, an inspector who is exercising powers or performing duties under this Act.

INSPECTIONS

Inspections

123(1)      For the purpose of determining compliance with this Act, an inspector may at any reasonable time, without a warrant, enter

(a) any business premises of a regulated person; and

(b) subject to subsection (3), any other premises where the inspector has reasonable grounds to believe that records or things relevant to the administration or enforcement of this Act are kept.

Assistance

123(2)      An inspector conducting an inspection may be accompanied by a person having special, expert or professional knowledge of any matter relevant to the inspection.

Warrant to enter a dwelling

123(3)      An inspector may not enter a dwelling to conduct an inspection except with the consent of the occupant or under the authority of a warrant.

Warrant to conduct inspection

123(4)      A justice, upon being satisfied by information on oath that

(a) an inspector has been refused entry to any premises to carry out an inspection; or

(b) there are reasonable grounds to believe that

(i) an inspector would be refused entry to any premises to carry out an inspection, or

(ii) if an inspector were to be refused entry to any premises to carry out an inspection, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;

may, at any time, issue a warrant authorizing an inspector and any other persons named in the warrant to enter the premises and carry out an inspection.

Application without notice

123(5) A warrant under this section may be issued upon application without notice.

Assistance to be given

124(1)      The owner or person in charge of the premises being inspected or having custody or control of the relevant records or things must

(a) produce or make available to the inspector all records and things that the inspector requires for the inspection;

(b) provide any assistance or additional information, including personal information that the inspector reasonably requires to perform the inspection; and

(c) answer questions related to the purpose of the inspection that are asked of them by the inspector.

Samples and testing

124(2)      An inspector and any person accompanying an inspector may examine and conduct tests or take samples of liquor, gaming supplies or any other thing during an inspection.

Production of identification

124(3)      An inspector conducting an inspection may

(a) interview and request identification from any person who appears to be a minor if the inspector has reasonable grounds to believe that the person is involved in a contravention of the Act; and

(b) seize identification from a person referred to in clause (a) if the inspector has reasonable grounds to believe that the identification has been altered or does not belong to the person.

Electronic records

124(4)      In order to inspect records that may be accessed electronically at the place being inspected, the inspector may require the person in charge of the premises or the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

Inspector may make copies

124(5)      An inspector may use equipment at the place being inspected to make copies of relevant records and may remove the copies from the place of inspection for further examination.

Inspector may remove records to make copies

124(6)      If an inspector is not able to make copies of records at the premises being inspected, he or she may remove them to make copies, but must give a receipt to the person from whom they were taken and return the originals as soon as practicable.

SEARCH, SEIZURE AND ARREST

Warrant for search and seizure

125(1)      A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any premises any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Application without notice

125(2)      A warrant under this section may be issued upon application without notice.

Telewarrant

125(3)      If an inspector believes that it would be impracticable to appear personally before a justice to apply for a search warrant, a warrant may be issued based on information submitted by telephone or other means of telecommunication. The procedure in section 487.1 of the Criminal Code (Canada) applies to the issuance of the warrant, with such changes to that section and to the form of warrant as are necessary.

Search and seizure without warrant

125(4)      An inspector may exercise the power of search and seizure without a warrant if the inspector believes on reasonable grounds that the conditions for obtaining a warrant exist, but by reason of exigent circumstances it would be impracticable in the circumstances to obtain one. In that case, the thing seized must be brought before, or reported to, a justice, who must deal with it according to law.

Seizure of liquor in unlawful places

126         An inspector who finds liquor in a place where liquor may not be lawfully kept or possessed may seize the liquor and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Arrest without warrant

127         An inspector who witnesses a person apparently committing an offence under this Act may arrest the person without a warrant.

DIVISION 3

COMPLIANCE ORDERS

Compliance orders

128(1)      The executive director may make an order referred to in subsection (2) if he or she determines that a regulated person is contravening or has contravened this Act or a previous order issued to the person under this Act.

Actions under compliance order

128(2)      The executive director may do one or more of the following in a compliance order made under this section:

(a) order the regulated person to take an action or measure to remedy the contravention, including directing the person to stop doing something or to do it differently;

(b) impose terms and conditions on the licence, permit or approval issued to the regulated person or rescind or vary existing terms and conditions on the licence, permit or approval;

(c) impose an administrative penalty on the regulated person;

(d) suspend or cancel any licence, permit or approval issued to the regulated person.

Additional actions — siteholders and lottery ticket retailers

128(3)      If the contravention involves a siteholder or lottery ticket retailer, the executive director may also make a separate compliance order

(a) in the case of a siteholder, directing MLLC to disable one or more video lottery terminals in the siteholder's premises; or

(b) in the case of a lottery ticket retailer, directing MLLC or WCLC to do the following in respect of the retailer's premises:

(i) disable or remove the lottery ticket terminal,

(ii) remove tickets and other means of participating in a lottery scheme.

Additional actions — First Nation gaming

128(4)      If the contravention involves a local gaming authority that is a First Nation, the executive director may also make a separate compliance order directing MLLC, WCLC or a gaming supplier or gaming service provider to take the prescribed actions within the reserve of the First Nation.

Form of compliance order

128(5)      A compliance order must

(a) name the regulated person who is the subject of the order;

(b) contain a description of the contravention to which the order relates and, if the contravention involves a failure to comply with a previous order, identify the order in question;

(c) if the terms and conditions of the regulated person's licence, permit or approval are changed, inform the regulated person of what must be done to comply with the change;

(d) if an administrative penalty is imposed, specify the amount of the penalty;

(e) in the case of an order referred to in subsection (3) or (4), specify the actions that MLLC, WCLC or the gaming supplier or gaming service provider must take;

(f) specify when the order takes effect, including specifying, as applicable:

(i) the time within which the person must take the action or measure directed,

(ii) the time within which the regulated person must comply with any change in the terms of the licence, permit or approval,

(iii) the date by which the administrative penalty must be paid,

(iv) the time within which MLLC, WCLC or the supplier or provider must take the action directed in the order,

(v) the date on which the licence, permit or approval is cancelled or suspended, and in the case of a suspension, the date when the suspension ceases; and

(g) inform the regulated person of the right under section 135 to appeal the order.

Duty to comply

128(6)      A regulated person who is the subject of a compliance order must comply with the order.

Compliance order with immediate effect

129(1)      The executive director may issue a compliance order that is effective immediately

(a) if he or she considers it to be necessary in the public interest; or

(b) in the case of an order suspending or cancelling any licence, permit or approval issued to the regulated person, on any ground on which the director might have refused to issue or renew the licence, permit or approval under Part 5.

Application

129(2)      Despite subsection (1), a regulated person must be given at least 30 days to pay an administrative penalty.

Varying orders

130(1)      The executive director may vary a compliance order at any time before the order becomes final.

When compliance order final

130(2)      Except for a compliance order that is effective immediately, a compliance order becomes final

(a) the day after the time for appealing the order has expired, if no appeal is filed; or

(b) the day the appeal is finally determined, if the order is confirmed on appeal.

Administrative penalty

131         The executive director may impose an administrative penalty of not more than $100,000 on a regulated person in a compliance order. When determining the amount of the penalty, the executive director is to have regard to the following principles:

(a) an administrative penalty should encourage compliance with this Act or with an order made under this Act;

(b) an administrative penalty should prevent a regulated person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act.

Service of orders

132         A compliance order must be served on the regulated person in accordance with section 152.

No offence to be charged if penalty paid

133          A person who pays an administrative penalty under this Part for failure to comply with a provision of this Act or a previous order issued to the person may not be charged with an offence respecting that failure, unless the failure continues after the penalty is paid.

Enforcement of penalty

134(1)      Unless the compliance order is appealed, a regulated person who is ordered to pay an administrative penalty must pay the amount of the penalty to the authority within the time specified in the order.

Debt due to the authority

134(2)      If an administrative penalty is not paid within the time specified within the order, or, if the monetary penalty is appealed, within 30 days after the appeal is decided, the amount of the penalty is a debt due to the authority.

Certificate registered in court

134(3)      The executive director may certify a debt referred to in subsection (2), or any part of such a debt that has not been paid. The certificate may be registered in the Court of Queen's Bench and, once registered, may be enforced as if it were a judgment of the court.

PART 7

APPEALS

Decisions and orders that may be appealed

135(1)      The following decisions and orders of the executive director may be appealed to the board:

(a) a decision not to issue or renew a licence, permit or approval;

(b) a decision to impose a term or condition on a licence, permit or approval, or to vary or rescind such a term or condition;

(c) a decision to issue a liquor service licence or retail beer vendor licence, after the issuance of the licence was objected to in accordance with subsection 105(5);

(d) an order under section 69 (prohibited place order);

(e) an order under subsection 96(6) (patron dispute order);

(f) an order under subsection 116(5) (gaming integrity deficiency order);

(g) a compliance order made under section 128.

Who can appeal

135(2)      The following persons may appeal a decision or order under subsection (1):

(a) in the case of a decision referred to in clause (1)(a) or (b), the applicant for, or the holder of, the licence, permit or approval;

(b) in the case of a decision referred to in clause (1)(c), a person who filed a written objection to the application for the liquor service licence or retail beer vendor licence;

(c) in the case of an order referred to in clauses (1)(d) to (g), any person who is required to be served with a copy of the order.

How to appeal

135(3)      An appeal must be made by filing a written notice of appeal with the authority within 21 days after the person receives notice of the decision or order. The notice of the appeal must specify the grounds for the appeal.

Extending the time limit

135(4)      Before or after the time limit in subsection (3) expires, the chair of the board may extend it.

Parties

135(5) The parties to an appeal are the appellant, the executive director and any other person who is required to be served with a copy of the order or decision under appeal. The authority may also add a person as a party.

Stay pending appeal

135(6)      Except for a compliance order given immediate effect under subsection 129(1) or a prohibited place order under section 69, a decision or order being appealed is stayed pending the hearing of the appeal.

Hearing within 60 days

136(1)      The hearing of an appeal must begin within 60 days after the authority receives the notice of appeal, but at the request of a party other than the executive director, the board may grant an extension of the time to hold a hearing.

No hearing in certain cases

136(2)      The board may dismiss an appeal without holding a hearing if the board is of the opinion that the appeal is frivolous, vexatious or abusive.

Panel to hear appeal

137(1)      The chair of the board must designate any three or more board members to sit as a panel to hear an appeal.

Chair on panel

137(2)      A panel designated under subsection (1) may include the chair.

Jurisdiction of panel

137(3)      When hearing an appeal,

(a) a panel has all the jurisdiction of the board and may exercise the board's powers and perform its duties; and

(b) a decision of a majority of the members of a panel is the decision of the board.

Conduct of hearing

138(1)      Subject to the regulations, the parties to an appeal may call witnesses, cross-examine witnesses, submit evidence and present arguments at the hearing.

Evidence

138(2)      A panel is not bound in the conduct of an appeal hearing by the rules of law concerning evidence that are applicable to judicial proceedings.

Decision

139(1)      After hearing an appeal, the board may, by written decision,

(a) confirm, vary or rescind the decision or order under appeal;

(b) make any decision that the executive director could have made in the first instance; or

(c) refer the matter back to the executive director for further consideration in accordance with any direction of the authority.

Reasons

139(2)      The board must give written reasons for its decision.

Decision given to the parties

139(3)      The board must provide a copy of its decision and reasons, by ordinary mail, to the parties.

Decision final

139(4)      Except as provided in section 140, the decision of the board on an appeal is final.

Appeal to court

140(1)      A party to an appeal may appeal the decision of the board to the Court of Queen's Bench on any question involving the board's jurisdiction or on a point of law, by filing a notice of appeal with the court.

Time limit

140(2)      A notice of appeal must be filed within 30 days after receiving a copy of the board's decision, or within any further time that a judge allows.

Powers of court on appeal

140(3)      Upon hearing an appeal, the court may

(a) rescind, vary or confirm the decision of the board; or

(b) refer the matter back to the board for further consideration in accordance with any direction of the court.

Regulations

141         The board may make regulations governing how an appeal is to be commenced and conducted, including regulations respecting

(a) representatives;

(b) timing and notice;

(c) documents, exhibits, filing and discovery;

(d) compelling attendance of witnesses by summons;

(e) administration of oaths or affirmations;

(f) circumstances in which a hearing may be closed to the public;

(g) adjournments;

(h) the consequences of non-compliance with the regulations governing appeals;

(i) costs.

PART 8

EVIDENCE, OFFENCES AND PENALTIES

EVIDENCE, INFERENCES AND DEFENCES

Definition: "proceeding"

142         In this Part, "proceeding" means

(a) a trial involving a person who is accused of committing an offence under this Act; and

(b) an appeal hearing under Part 7.

Presumption re liquor in container

143         In the absence of evidence to the contrary, when an inspector seizes a container under circumstances that create a reasonable inference that the container contains liquor, the contents of the container are deemed to be liquor.

Certificate of analyst admissible

144(1)      A certificate or report appearing to be signed by an analyst — or a copy or extract of the certificate or report certified by the analyst as a true copy or extract — stating that the analyst has analyzed a substance, and giving the results, is admissible in evidence in any proceeding as proof of the facts stated, unless the contrary is shown. Proof of the analyst's appointment or signature is not required.

Notice of certificate or report

144(2)      A person intending to produce a certificate or report in a proceeding must give notice of that intention and a copy of the certificate or report to each other party at least seven days before the date fixed for the proceeding.

Evidence: providing liquor

145         In a proceeding, evidence that an individual left licensed premises, or premises that are the subject of a retail liquor licence, with liquor in his or her possession is proof, in the absence of evidence to the contrary, that the holder of the licence gave, sold or otherwise supplied the liquor to the individual.

Evidence: advertising a lottery scheme

146(1)      In a proceeding, evidence of a statement in an advertisement that the means of participating in a lottery scheme, or that information concerning a lottery scheme, may be obtained from a person named in the advertisement is proof, in the absence of evidence to the contrary, that the person named in the advertisement is conducting and managing the lottery scheme.

Evidence: advertising gaming supplies or gaming services

146(2)      In a proceeding, evidence of a statement in an advertisement that gaming supplies or gaming services for use in Manitoba may be obtained from a person named in the advertisement is proof, in the absence of evidence to the contrary, that the person named in the advertisement is acting as a gaming supplier or gaming services provider.

Meaning of "advertisement"

146(3)      In this section, "advertisement" includes

(a) any advertisement on radio, television, the Internet or any other electronic medium, in a newspaper, magazine or other periodical, or on a billboard, bus or other property normally used for commercial advertising; and

(b) any poster, handbill, leaflet, letter, card, sign or banner.

Defence re identification

147         In a proceeding respecting any prohibited activity involving a minor, the person alleged to have committed an offence has a defence if

(a) he or she attempted to verify that the person in question was at least 18 years of age by requiring the person to produce prescribed identification;

(b) the prescribed identification was produced by the person and it indicated that the person was at least 18 years of age; and

(c) there was no apparent reason to doubt the authenticity of the identification or that it was issued to the person who produced it.

OFFENCES AND PENALTIES

Offences

148         A person is guilty of an offence under this Act who

(a) contravenes a provision of this Act; or

(b) knowingly makes a false statement in an application for a licence, permit or approval or in any record, return or report required under this Act.

Penalties

149(1)      A person who is guilty of an offence is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $50,000, imprisonment for up to six months, or both; and

(b) in the case of a corporation, to a fine of not more than $250,000.

Liability of directors and officers

149(2)      If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the applicable penalties set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.

Forfeiture of seized items

150         In addition to any other penalty that may be imposed under section 149, a justice who convicts a person of an offence may order that any item seized under this Act be forfeited to the Crown and disposed of as directed by the minister.

When fine paid to municipality

151         A fine imposed against a person who is convicted of an offence under this Act relating to liquor is payable to the municipality in which the offence occurred if the prosecution is instituted by a municipal police officer or under the authority of the municipality.

PART 9

GENERAL PROVISIONS

Service of documents

152(1)      A notice, order or other document under this Act is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by ordinary mail to the intended recipient at that person's last address appearing in the authority's records.

Deemed receipt

152(2)      A notice, order or other document sent by ordinary mail is deemed to be given or served five days after the day it was sent.

Actual notice is sufficient

152(3)      Despite the fact that a notice, order or other document is not given or served in accordance with this section, it is sufficiently given or served if it actually came to the attention of the person for whom it was intended.

Responsibility for actions of employees and others

153         For the purposes of this Act, an act or thing done or omitted to be done by a director, officer, official, employee or agent of a regulated person in the course of that person's employment or in the exercise of that person's powers or the performance of that person's duties is deemed also to be an act or thing done or omitted to be done by the regulated person.

Protection from liability

154         No action or proceeding may be brought against the authority, a board member, the executive director, an employee of the authority, an inspector or any other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

No cause of action

155         No action or proceeding may be brought or continued against the Crown, the authority, MLLC, WCLC, a gaming supplier, a gaming service provider or any other person, based on any cause of action, whether arising before or after this section comes into force, for compensation, loss or damages or injunctive or declaratory relief, arising out of an order made under section 128 that results in the following:

(a) in respect of video lotteries,

(i) the termination of a siteholder agreement, or

(ii) the disabling or removal of some or all of the video lottery terminals from the premises of a person who holds a siteholder licence;

(b) in respect of lottery tickets,

(i) the termination of a lottery ticket retailer agreement, or

(ii) the disabling of a lottery ticket terminal or the removal of tickets or other means of participating in a lottery scheme from the premises of a person who holds a licence as a lottery ticket retailer;

(c) in respect of the supply of gaming supplies or gaming services to a person, the person ceasing to be supplied with gaming supplies or gaming services.

Not compellable in civil proceeding

156         The executive director, an employee of the authority, an inspector or any other person acting under the authority of this Act is not compellable as a witness in a civil action or other proceeding to which the authority is not a party respecting any document or information obtained, received or made under this Act, and may not be compelled to produce such documents.

Regulations made by Lieutenant Governor in Council

157(1)      The Lieutenant Governor in Council may make regulations

(a) establishing categories of liquor service licences and prescribing eligibility requirements for each category;

(b) establishing the rights, privileges and obligations of licensees for each category of liquor service licence;

(c) establishing areas and types or classes of premises in respect of which a category of liquor service licence under subsection 24(4) may be issued;

(d) prescribing the days and hours when liquor must not be sold or served in licensed premises;

(e) prescribing the days and hours when liquor must not be sold in retail premises;

(f) authorizing the executive director to extend the hours when liquor may be sold during events of community, municipal, provincial or national significance;

(g) authorizing retail beer vendors to sell additional specified types of liquor;

(h) regulating the advertising of liquor and of lottery schemes.

Regulations made by board

157(2)      The board may make regulations

(a) respecting the operation of licensed premises, including establishing minimum prices for liquor and regulating the service of liquor in licensed premises;

(b) prescribing standards for licensed premises;

(c) regulating or prohibiting specified activities in licensed premises;

(d) specifying when a patron may bring wine into a prescribed class of licensed premises and consume it in those premises;

(e) specifying when a patron may remove an unfinished bottle of wine from a prescribed class of licensed premises;

(f) specifying when a minor may consume liquor in licensed premises;

(g) specifying when minors are allowed to be present in age-restricted licensed premises;

(h) respecting the operations of brew pubs;

(i) regulating agreements under which a licensee agrees to exclusively sell a type of liquor produced by a manufacturer;

(j) prescribing standards for retail premises;

(k) respecting the operation of retail premises, including prescribing the manner in which liquor may be delivered to purchasers and specifying when liquor may be consumed in retail premises;

(l) respecting the operations of sacramental wine vendors;

(m) respecting the manufacturing of liquor by the holder of a manufacturer's licence;

(n) specifying when a person may consume liquor in premises that are the subject of a manufacturer's licence;

(o) respecting the homemade manufacture of wine and beer, including prescribing maximum volumes of beer and wine that may be manufactured by a person who does not hold a manufacturer's licence and imposing standards on premises other than residences where persons make homemade wine or beer;

(p) restricting or prohibiting the sale of specified products used to manufacture liquor;

(q) prescribing standards for premises that are the subject of a social occasion permit;

(r) respecting the conduct of social occasions that are the subject of a social occasion permit;

(s) prescribing the maximum number of social occasion permits that may be issued to a person;

(t) respecting the records to be kept and maintained by the holders of licences and permits issued under Part 3 and the submission of records and reports to the authority;

(u) specifying the circumstances in which the holder of a retail liquor licence, a liquor service licence, a manufacturer of liquor or any agent, employee or representative of a manufacturer may give a gift of liquor to a person or provide a complimentary sample of liquor;

(v) prohibiting the giving of prescribed types or classes of items or the offering of such items at a discount by manufacturers of liquor or any agent, employee or representative of a manufacturer;

(w) respecting representatives of liquor manufacturers;

(x) specifying persons who are not gaming service providers for the purpose of the definition of gaming service provider in subsection 77(1);

(y) specifying persons who are not gaming suppliers for the purpose of the definition gaming supplier in subsection 77(1);

(z) specifying supplies, equipment and devices that are not gaming supplies for the purpose of the definition gaming supplies in subsection 77(1);

(aa) respecting the types of employment with MLLC for which an employee of MLLC is not required to hold a gaming employee licence;

(bb) respecting the physical characteristics of premises in which video lottery terminals may be placed;

(cc) prescribing recordkeeping and reporting requirements for gaming providers — including siteholders who are deemed by section 92 to be gaming providers;

(dd) prescribing, in respect of an annual report of a local gaming authority and a siteholder who is deemed to be a gaming provider by section 92, information to be included in its annual report, the period that the annual report is to cover and when and how the annual report is to be published;

(ee) respecting applications for licences, permits and approvals under this Act;

(ff) prescribing persons who are responsible for paying the costs of a background investigation in respect of a specified type of gaming licence;

(gg) prescribing the fees payable for licences, permits, approvals and applications under this Act, and when fees are payable;

(hh) governing the issuance, renewal, transfer and expiry of licences, permits and approvals under this Act;

(ii) for the purpose of subsection 110(2), respecting the approval of a proposed change in the control of a holder of a licence;

(jj) prescribing acceptable identification to establish proof of age for premises regulated under this Act;

(kk) respecting the collection, use and disclosure of personal information of patrons collected by the holders of licences under this Act;

(ll) defining "private place" and any other word or phrase used but not defined in this Act;

(mm) prescribing anything referred to in this Act as being prescribed;

(nn) respecting any matter necessary or advisable to carry out the purposes of this Act.

Scope and application of regulations

157(3)      A regulation under this Act

(a) may be general or particular in its application; and

(b) may establish classes of regulated persons or things and may apply differently to different classes.

Adopting codes and standards

157(4)      A regulation under this Act may adopt by reference, in whole or in part, any code or standard, and it may adopt it as amended from time to time, and subject to any changes that the maker of the regulation considers necessary.

S.M. 2015, c. 43, s. 30.

PART 10

COMMUNITY INPUT

INTERPRETATION

Definitions

158         The following definitions apply in this Part.

"age-restricted licence" means a category of liquor service licence under which minors are generally prohibited from entering the licensed premises. (« licence pour clientèle adulte »)

"council" means

(a) in the case of a municipality, the council of that municipality;

(b) in the case of a local government district, the resident administrator of that local government district or the elected council, if one exists; and

(c) in the case of an incorporated community established under The Northern Affairs Act, the incorporated community council of that incorporated community. (« conseil »)

"elector" means a person whose name is on the current municipal voters list. (« électeur »)

"local sale" means the sale of liquor from retail premises or licensed premises in a municipality. (« vente locale »)

"siteholder agreement" means an agreement between MLLC and another party under which one or more video lottery terminals are placed in premises owned or occupied by the other party and managed by the other party as agent for MLLC. (« accord d'exploitation de site »)

"video lottery gaming" means the operation of a lottery scheme, as defined in the Criminal Code (Canada), that involves the use of a video lottery terminal. (« jeux de loterie vidéo »)

"voting day" means the day on which general municipal elections are held under The Municipal Councils and School Boards Elections Act. (« jour de scrutin »)

LOCAL OPTION ON LIQUOR SALES AND VIDEO LOTTERY GAMING

Plebiscite on liquor sales

159(1)      A plebiscite may be held in a municipality in accordance with this Part to

(a) prohibit the local sale of liquor in the municipality;

(b) repeal the prohibition on the local sale of liquor in effect in the municipality;

(c) prohibit one or more of the following in the municipality:

(i) the sale of liquor under a retail liquor licence,

(ii) the sale of liquor under an age-restricted licence,

(iii) the sale of liquor under a category of liquor service licence other than an age-restricted licence; or

(d) repeal one or one or more of the restrictions on the sale of liquor set out in clause (c) in effect in the municipality.

Plebiscite on multiple questions

159(2)      A plebiscite may be held to repeal the prohibition on the local sale of liquor but also to prohibit the sale of liquor under one or more types of licences in the municipality.

Plebiscite on video lottery gaming

160         A plebiscite may be held in a municipality in accordance with this Part to

(a) prohibit video lottery gaming in the municipality; or

(b) repeal the prohibition on video lottery gaming in effect in the municipality.

Initiating plebiscite by resolution

161(1)      A plebiscite may be initiated by resolution of the council of the municipality.

Wording to be approved by authority

161(2)      The wording of a resolution to initiate a plebiscite must be approved by the executive director.

Time to make resolution

161(3)      A resolution to initiate a plebiscite must be made

(a) no earlier than one year before the next voting day; and

(b) no later than 90 days before the next voting day.

Initiating plebiscite by petition

162(1)      A plebiscite may be initiated by a petition that meets the requirements of this section.

Petition wording

162(2)      The petition must state the question to be put to voters in a plebiscite and the wording of the question must be approved by the executive director. The question must appear on each page of the petition.

Information about petitioners

162(3)      The petition must include the following in respect of each petitioner:

(a) the petitioner's last name and given name or initials and his or her residential address;

(b) a statement that the petitioner is an elector in the municipality;

(c) the petitioner's signature and the date the petition was signed.

Witness to signature

162(4)      Each petitioner's signature must be witnessed by an adult person who must

(a) sign the petition opposite the petitioner's signature; and

(b) make a statutory declaration that to the best of his or her knowledge the petitioner is eligible to sign the petition.

Number of petitioners required to initiate plebiscite

162(5)      The petition must be signed by at least 20% of the electors of the municipality.

Reasons for exclusion

162(6)      A person is not to be considered to have signed the petition if

(a) not all of the information regarding the person required by subsection (3) is provided or the information, other than the signature, is not legible and cannot easily be determined;

(b) the person's signature is not witnessed, or the witness has not made the declaration required by clause (4)(b); or

(c) the person signed the petition more than 90 days before it was filed with the chief administrative officer of the municipality.

Time for filing of petition

162(7)      The petition must be filed with the chief administrative officer of the municipality

(a) no earlier than one year before the next voting day; and

(b) no later than 90 days before the next voting day.

Notice of petition

163(1)      If the chief administrative officer of a municipality receives a petition that appears to meet the requirements of section 162, he or she must post a notice of the petition in the municipal office and allow the petition to be inspected during regular business hours.

Objection to petition

163(2)      Any person may object to the petition, by filing a notice of objection with chief administrative officer within 21 days after public notice of the petition is given under subsection (1).

Content of notice of objection

163(3)      A notice of objection must state the name and address of the person making the objection and the grounds for the objection.

CAO to determine sufficiency of petition

163(4)      Within 30 days after receiving a notice of objection, the chief administrative officer must determine, in a summary manner based on such evidence as he or she considers appropriate, whether the petition meets the requirements of section 162.

Determination final

163(5)      The determination of the chief administrative officer on the sufficiency of a petition is final and is not subject to appeal.

Notice of plebiscite

164         When a plebiscite has been initiated, the chief administrative officer of the municipality must give public notice of the plebiscite by causing notice of the plebiscite to be published in a newspaper with general circulation in the municipality no later than 30 days before voting day.

Plebiscite to be held on voting day

165(1)      A plebiscite must be held on voting day.

Wording of plebiscite question

165(2)      The wording of the question on the ballot in a plebiscite is to be determined by the executive director.

Application of Municipal Councils and School Boards Elections Act

165(3)      The Municipal Councils and School Boards Elections Act applies, with necessary changes, to the holding of a plebiscite under this Part.

When plebiscite question is approved

166(1)      A plebiscite is approved if the majority of persons who voted in the plebiscite vote in favour of the question on the plebiscite ballot.

Notice of result

166(2)      The chief administrative officer of a municipality must notify the authority of the result of the plebiscite as soon as practicable after the plebiscite has been held.

Effect of plebiscite approving prohibition on local sale of liquor

167(1)      If a plebiscite to prohibit the local sale of liquor is approved, no licence authorizing the operation of retail premises or licensed premises may be issued in the municipality and any such licences in effect in the municipality are cancelled effective six months after the plebiscite.

Effect of plebiscite approving restriction on liquor sales

167(2)      If a plebiscite to prohibit the sale of liquor under a specific type of licence is approved, no such licences may be issued for any premises in the municipality and any such licences in effect in the municipality are cancelled effective six months after the plebiscite.

Effect of plebiscite prohibiting video lottery gaming

167(3)      If a plebiscite to prohibit video lottery gaming in a municipality is approved, MLLC must

(a) cease all video lottery gaming within the municipality no later than six months after the plebiscite and remove all video lottery terminals as soon as possible; and

(b) terminate each siteholder agreement in effect for premises in the municipality no later than six months after the plebiscite.

No action re plebiscite

168         No action or proceeding may be instituted against the Crown, MLLC, the authority, a municipality or any other person for compensation, loss or damages or for injunctive or declaratory relief relating to a plebiscite or any actions taken in relation to a plebiscite.

Application

169         This Part applies to all liquor licences and siteholder agreements, regardless of whether the licence or agreement was issued or entered into before or after the coming into force of this Act.

Transitional — municipality under local option

170(1)      A municipality that had a local option by-law under Part VII of The Liquor Control Act in effect on the coming into force of this Act is deemed to have approved a plebiscite prohibiting the local sale of liquor in the municipality.

Transitional — age-restricted licences

170(2)      If the issuance of a beverage room licence under The Liquor Control Act

(a) was prohibited in a municipality immediately before the coming into force of this Act, the municipality is deemed to have approved a plebiscite prohibiting the sale of a liquor under an age-restricted licence; or

(b) was permitted in a municipality immediately before the coming into force of this Act, an age-restricted licence may be issued for premises in the municipality.

Transitional — other liquor licences

170(3)      If the issuance of a dining room licence under The Liquor Control Act was permitted in a municipality immediately before the coming into force of this Act, any liquor service licence other than an age-restricted licence may be issued in the municipality.

Transitional — retail liquor sales

170(4)      If a municipality did not have a local option by-law under The Liquor Control Act in effect immediately before the coming into force of this Act, a retail liquor licence may be issued in the municipality.

Transitional — municipality subject to different rules

170(5)      If different rules respecting the sale and service of liquor were in place in different parts of a municipality under subsection 152(6) of The Liquor Control Act immediately before the coming into force of this Act, the provisions of this section apply with necessary changes to each part of the municipality.

Transitional — video lottery gaming

170(6)      If video lottery gaming was prohibited in a municipality immediately before the coming into force of this Act as the result of a plebiscite held under The Gaming Control Local Option (VLT) Act, the municipality is deemed to have approved a plebiscite prohibiting video lottery gaming in the municipality.

Definition: "Liquor Control Act"

170(7)      In this section, "The Liquor Control Act" means The Liquor Control Act, R.S.M. 1988, c. L160, as it read immediately before the coming into force of this Act.

SUNDAY OPENING

Sunday opening

171         Subject to section 172, all retail premises and licensed premises may sell or serve liquor on Sunday unless they are prohibited from doing so under this Act.

By-law re Sunday opening

172(1)      The council of a municipality may pass a by-law restricting the sale and service of liquor in retail premises and licensed premises in the municipality on Sunday.

Wording of by-law

172(2)      A by-law made under this section

(a) must provide that

(i) no liquor may be sold from a liquor store or specialty wine store on Sunday, and

(ii) no liquor may be sold from the premises of a retail beer vendor after a prescribed time on Sunday in the municipality; and

(b) may provide that no liquor may be served in premises that are the subject of a category of liquor service licence specified in the by-law between prescribed times on Sunday in the municipality.

No other restriction in by-law

172(3)      A by-law under this section must not contain any other restrictions regarding the sale or service of liquor at retail premises or licensed premises in the municipality.

Notice to authority

172(4)      A municipality that passes a by-law under this section must give a copy of the by-law to the authority as soon as possible after it passes the by-law and must notify the authority if it repeals the by-law.

Compliance with by-law

173         When a by-law under section 172 is in effect in a municipality, a person must not sell or serve liquor in the municipality in contravention of that by-law.

PART 11

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

TRANSITIONAL PROVISIONS

Definitions

174          The following definitions apply in this Part.

"The Gaming Control Act" means The Gaming Control Act, S.M. 1996, c. 74, as it read immediately before the coming into force of this Act. (« Loi sur la Commission de régie du jeu »)

"The Liquor Control Act" means The Liquor Control Act, R.S.M. 1988, c. L160, as it read immediately before the coming into force of this Act. (« Loi sur la réglementation des alcools »)

Liquor service licences

175(1)       On the coming into force of this Act, a person who holds a licence issued under clauses 60(1)(a) to (i) of The Liquor Control Act is deemed to hold a liquor service licence under this Act. The category of licence that the person is deemed to hold is to be determined in accordance with the regulations made under clause 191(1)(a).

Terms and conditions

175(2)      A licence that a person is deemed to hold under subsection (1) remains subject to the terms and conditions that were imposed on the person's licence under The Liquor Control Act, except to the extent that they are inconsistent with the category of liquor service licence the person is deemed to hold.

Issuing liquor service licence

175(3)       On the coming into force of this Act, or as soon as possible after that time, the executive director is to issue to each person referred to in subsection (1) the category of liquor service licence that the person is deemed to hold under that subsection, subject to the terms and conditions provided under subsection (2). The licence is to be issued without any application under Part 5.

Term of licences

175(4)      Unless it is cancelled or suspended, a liquor service licence that is issued or deemed to be held under this section remains valid until the day the holder's licence under The Liquor Control Act would have expired.

When new application required

175(5) If the holder of a liquor service licence issued or deemed to be held under this section wishes to obtain a different category of liquor service licence in respect of the licensed premises, he or she must apply for that licence in accordance with Part 5.

Liquor store licences to MLLC

176(1)       The executive director is to issue a liquor store licence to MLLC in respect of each liquor store it operated immediately before the coming into force of this Act.

Liquor store licence to liquor vendors

176(2)       The executive director is to issue a liquor store licence to every person who was acting as a liquor vendor under section 17 of The Liquor Control Act immediately before the coming into force of this Act.

Liquor store licence to operator of duty free liquor store

176(3)      The executive director is to issue a liquor store licence to every person who was operating a duty free liquor store under subsection 17(6) of The Liquor Control Act immediately before the coming into force of this Act.

Specialty wine store licences

176(4)       The executive director is to issue a specialty wine store licence to every person who was operating a specialty wine store under section 17.1 of The Liquor Control Act immediately before the coming into force of this Act.

Retail beer vendor licences

176(5)      A beer vendor licence issued under The Liquor Control Act that was in effect immediately before the coming into force of this Act is deemed to be a retail beer vendor licence issued under this Act. Unless it is cancelled or suspended, the licence is valid until the day the holder's licence would have expired under The Liquor Control Act.

Sacramental wine vendor licences

176(6)      A sacramental wine vendor licence issued under The Liquor Control Act that was in effect immediately before the coming into force of this Act is deemed to have been issued under this Act. Unless it is cancelled or suspended, the licence is valid until the day the holder's licence would have expired under The Liquor Control Act.

Manufacturer's licences

177(1)       A manufacturer's licence issued under The Liquor Control Act that was in effect immediately before the coming into force of this Act is deemed to have been issued under this Act. Unless it is cancelled or suspended, the licence is valid until the day the holder's licence would have expired under The Liquor Control Act.

Retail endorsement

177(2)       The holder of a manufacturer's licence who also held a retail licence under section 79 of The Liquor Control Act that was in effect immediately before the coming into force of this Act is to be granted a retail endorsement on his or her manufacturer's licence in respect of the premises where the holder operated a retail store.

Requirement to provide information and authorizations to authority

178          The holder of a licence referred to in sections 175 to 177 must provide the authority with prescribed information, documentation and authorizations by a prescribed deadline. If the holder fails to provide the required information, documentation and authorizations by the prescribed deadline, the executive director may cancel the holder's licence.

Social occasion permits

179          An occasional permit that was issued under The Liquor Control Act is deemed to be a social occasion permit issued under this Act.

Registration of marketing representatives

180         A person who was registered as a marketing representative under The Liquor Control Act is deemed to be registered as a marketing representative under this Act.

Registrations under Gaming Control Act

181          A person who, immediately before the coming into force of this Act, was registered under The Gaming Control Act as indicated in Column 1 of the following table is deemed to hold a licence under this Act to act as indicated opposite in Column 2. Unless it is cancelled or suspended, the licence is valid until the day the person's registration would have expired under The Gaming Control Act.

Column 1
Registration
Column 2

Licence

Gaming operator Gaming operator
Siteholder Siteholder
Lottery ticket retailer Lottery ticket retailer
Supplier Gaming supplier
Employee of the Manitoba Lotteries Corporation Gaming employee
Employee of a gaming operator Gaming employee
Person registered under clause 14(1)(b) of The Gaming Control Act Gaming service provider

Registrations of VLTs and gaming devices

182(1)      A video lottery terminal or a gaming device that was registered under The Gaming Control Act immediately before the coming into force of this Act is deemed to be licensed as an electronic gaming device. The licence becomes subject to the prescribed fee on the date that its registration would have become subject to the prescribed fee under The Gaming Control Act.

Meaning of "gaming device"

182(2)       In subsection (1), "gaming device" means a lottery ticket terminal and an electronic gaming machine, as defined in the regulations made under The Gaming Control Act.

Licences issued under Gaming Control Act

183         A person who held a licence to conduct and manage a lottery scheme under section 12 of The Gaming Control Act that was in effect immediately before the coming into force of this Act is deemed to hold a gaming event licence issued under this Act. Unless it is cancelled or suspended, the licence is valid until the day the person's licence would have expired under The Gaming Control Act.

Technical integrity

184          An approval of the technical integrity of a lottery scheme that was issued under The Gaming Control Act is deemed to be an approval of the gaming integrity of a lottery scheme issued under this Act.

Transition — siteholder becomes a gaming centre provider

185          Despite the provisions of any agreement and of any other provision of this Act, if the Manitoba Lotteries Corporation has entered into a siteholder agreement with a person under which the corporation has agreed to conduct, manage and operate provincial gaming in premises that the person owns or operates, and the agreement was in effect immediately before the coming into force of this Act, then

(a) the person is deemed to hold a licence to act as a gaming centre provider under this Act; and

(b) the agreement is deemed to be a gaming centre provider agreement.

Transition — terms and conditions continue

186          A term or condition imposed on a licence, registration or approval under subsections 12(2) (licences), 15(2) (registrations) or 29(2) (technical integrity) of The Gaming Control Act, which was in effect immediately before the coming into force of this Act, is deemed to be a term or condition that applies to the applicable licence or approval under this Act.

Transition — "licensing authority"

187          A licensing authority, as defined in subsection 57(1) of The Gaming Control Act, is deemed to be continued as a local gaming authority under this Act.

Transition — employees of Liquor Control Commission

188(1)      A person who is determined to be an employee of the Manitoba Liquor and Lotteries Corporation under subsection 55(2) of The Manitoba Liquor and Lotteries Corporation Act is deemed to hold a licence to act as a gaming employee issued under this Act. Unless it is cancelled or suspended, the licence is valid for one year after the coming into force of this Act.

Information

188(2)       The executive director may, for the purpose of determining the person's suitability to continue to hold a licence, require a person who holds a licence referred to in subsection (1) to provide information, including personal information, to the executive director, at the time and in the form that the executive director specifies. If the person fails to provide the information as required, the executive director may cancel the person's licence.

Employees

189         A person who, immediately before the coming into force of this Act, was an employee of the Liquor Control Commission assigned to the Regulatory Services Division becomes an employee of the authority on the coming into force of this Act.

Act applies to pending applications and proceedings

190(1)      Applications for licences and disciplinary proceedings under The Liquor Control Act that were not finally completed before the coming into force of this Act are to be continued in conformity with the provisions of this Act.

Applications for licences

190(2)      An application for a licence under The Liquor Control Act that had not been finally completed before the coming into force of this Act is deemed to be an application for an equivalent licence under this Act. The type and category of equivalent licence is to be determined in accordance with the regulations made under clause 191(1)(a).

Appeals from Licensing Board

190(3)      If the Licensing Board considered an application for a licence or held a disciplinary hearing under The Liquor Control Act before the coming into force of this Act, a person who had a right to appeal the decision of the Licensing Board may appeal that decision to the board in accordance with Part 7 of this Act if the applicable appeal period under The Liquor Control Act had not expired.

Transitional regulations

191(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the deeming and issuance of liquor service licences to holders of liquor licences for the purposes of section 175 and determining equivalent licences for the purposes of subsection 190(2);

(b) to remedy any difficulty, inconsistency or impossibility resulting from the transition to this Act from matters previously dealt with under The Gaming Control Act or The Liquor Control Act.

Scope of transitional regulations

191(2)       A regulation made under this section may be general or particular in its application and may apply to a specific regulated person or to a specified class of regulated persons.

CONSEQUENTIAL AMENDMENTS

192 to 204  

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

PART 12

REPEALS, CITATION AND COMING INTO FORCE

Repeals

205         The following Acts are repealed:

(a) The Gaming Control Act, S.M. 1996, c. 74;

(b) The Gaming Control Local Option (VLT) Act, S.M. 1999, c. 44.

C.C.S.M. reference

206         This Act may be referred to as chapter L153 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

207         This Act comes into force on a day to be fixed by proclamation.

NOTE: S.M. 2013, c. 51, Schedule B came into force by proclamation on April 1, 2014.