HomeC.C.S.M. c. L160
The Liquor Control Act
| Back to the Act | Schedule | Regulations |
| 1 | Definitions |
| 1.1(1) | Definitions |
| (2) | Interpretation of "local retail beer vendor" |
| 1.2 | |
| PART I | |
| THE COMMISSION | |
| 2 | Commission continued |
| 3(1) | Appointment of members |
| (2) | Duties of vice-chairperson |
| (3) | Time required from members |
| 4(1) | Vacancies |
| (2) | Acting commissioners |
| (3) | Duties of chairperson |
| 5 | Duration of office and salaries |
| 6 | Quorum |
| 7(1) | Appointment of president and c.e.o. |
| (2) | Duties of president and c.e.o. |
| (3) | President and c.e.o. to appoint employees |
| (4) | Powers of the president and c.e.o. |
| 8(1) | Powers of commission |
| (2) | Part V of Evidence Act |
| (3) | |
| (4) | Agreements between the commission and Canada |
| (5) | Deemed agreement |
| REGULATIONS | |
| 9(1) | Power to make regulations |
| (2) | Regulations under Act |
| 10(1) | Regulations with L.G. in C. approval |
| (2) | Application of regulations |
| 10.1 | Regulations respecting importation |
| 11(1) | Declaration of substance as liquor |
| (2) | Regulations as to sale or use |
| (3) | Non-potable intoxicating substance |
| (3.1) | Regulations re sale of non-potable intoxicating substances |
| (4) | Description |
| (5) | Determination of intention of maker |
| 12 | Rules of conduct for licensees |
| 13 | Regulations come into force on publication |
| 14 | Purchase of land |
| 15(1) | |
| (2) | Grants in lieu of taxes |
| 16(1) | Establishment of liquor stores |
| (2) | Liquor stores in unorganized territory |
| (3) | Limitation on establishment |
| 17(1) | Designation of agent |
| (2) | Powers of liquor vendor |
| (3) | Revocation of appointment |
| (4) | Application of Act to agent |
| (5) | Liquor to be carried away |
| (6) | Duty free liquor store |
| 17.1(1) | Establishment of specialty wine store |
| (2) | L.G. in C. to approve agreement |
| (3) | Price |
| (4) | Application of subsection 16(3) |
| 18(1) | Control of sale |
| (2) | Duty of commission re import and supply |
| LICENSING BOARD | |
| 19(1) | Licensing Board |
| (2) | Chairperson of the board |
| (3) | Quorum of Licensing Board |
| (4) | Acting chairperson |
| (5) | Sittings of Licensing Board |
| (6) | Sittings to be public |
| 20(1) | Board to determine applications for section 60 licence |
| (2) | Power of board |
| (3) and (4) | |
| 20.1(1) | Designation of panels |
| (2) | Presiding officer of panel |
| (3) | Quorum of panel |
| 21(1) | Appeal from decision of board |
| (2) | |
| (3) | Public hearings |
| 22(1) | |
| (2) | |
| LICENCES AND PERMITS | |
| 23(1) | Commission not compelled to issue |
| (2) | Oaths |
| 24 | Licences and permits under Act |
| 25(1) | Hearing by Licensing Board |
| (1.1) | Notice |
| (1.2) | Procedure at hearing |
| (1.3) | Public representation at hearing |
| (1.4) | Disposition |
| (2) | Period of suspension |
| (2.1) | Suspension or cancellation for failure to pay penalty |
| (3) | Notice |
| (4) | Disposal of liquor in possession |
| (5) | Effect of cancellation |
| (6) | Right of appeal |
| (7) | Public hearing |
| (8) | Powers of commission on appeal |
| PROPERTY, FINANCING, ACCOUNTING | |
| 26(1) | All payments to commission |
| (2) | Monetary penalties paid into Consolidated Fund |
| 27 | Property to belong to government |
| 28(1) | Financing working capital |
| (2) | Issue of securities for moneys borrowed |
| (3) | Repayment of loans made to commission |
| 29(1) | Payments by commission |
| (2) | Certain charges against profits |
| 30(1) | Accounts |
| (2) | How divided |
| (3) | Audit |
| (4) | Special audits |
| 31(1) | Disposal of profits |
| (2) | Profits payable to Consolidated Fund |
| (3) | When payable to Minister of Finance |
| 32(1) | Reports of commission |
| (2) | To be laid before Legislature |
| EXPIRY OF LICENCES AND PERMITS | |
| 33(1) | Term of licences and permits |
| (2) | Early issuance |
| ORDERS AND NOTICES | |
| 34(1) | Signature |
| (2) | Notice of decision |
| (3) | Periods of suspension |
| (4) | Other notices and orders |
| (5) | Record and proof of service |
| MISCELLANEOUS | |
| 35 | Finality of acts of commission |
| 36(1) | Powers of commission supplemental |
| (2) | Powers of justice and commission |
| 37(1) | Prohibited place |
| (2) | Delivery |
| (3) | Licensed premises |
| (4) | Order mandatory |
| (5) | Recommendation of justice |
| (5.1) | Court order re prohibited place |
| (6) | Revocation of order |
| PART II | |
| PERMITS | |
| 38 | |
| 39(1) | Issue of special permits |
| (2) | Special purchase permits |
| (2.1) | Charitable auction permit |
| (2.2) | Estate sale permit |
| (2.3) | Special purpose permit |
| (3) | Permits to buy from distiller |
| 40(1) | Fees for special permits |
| (2) | Place of purchase |
| 41(1) | Issue of occasional permits |
| (2) | Liquor for social occasion |
| (3) | Food at social occasion |
| (4) | Number of occasional permits |
| (5) | Application for occasional permit |
| (6) | Signing of application |
| (7) | Delivery of application |
| (8) | Variation in place or time |
| (9) | Use of liquor |
| (10) | No other meals in same room |
| (11) | Sale of liquor to guests |
| (12) | Minors at social occasions |
| (13) | Permits for conventions |
| (14) | Community occasions |
| (15) | Suitability of places |
| (16) | Prohibited time |
| (17) | Storage facilities required |
| (18) | Municipality under local option |
| RESTRICTIONS ON ISSUE OF PERMITS | |
| 42(1) | Prohibition |
| (2) | Who not to apply for permit |
| 43(1) | Issued to applicant only |
| (2) | Identity of permittee |
| 44 | Permit to corporation |
| 45(1) | Place for delivery |
| (2) | Permits subject to terms and conditions |
| 46 | |
| PURCHASE OF LIQUOR | |
| 47 | Quantities of liquor to be sold |
| 48 | Sales of liquor |
| 49(1) | Ordinary purchases |
| (2) | Identification |
| (3) | Proof of identity |
| (4) | Proof of age |
| (5) | Orders by mail |
| 50(1) | Method of delivery |
| (2) | Effect of delivery to carrier |
| 51(1) | Uniform prices |
| (2) | Delivery charges |
| (3) | Regulations |
| 52(1) | Conveyance of liquor |
| (2) | Opening liquor in transit forbidden |
| 53(1) | Sales in sealed bottles |
| (2) | Where package to be opened |
| (3) | Seal on beer bottles |
| DAYS LIQUOR STORES CLOSED | |
| 54(1) | Hours of sale |
| (2) | Applications of subsection (1) |
| 55 | Sale only at times not forbidden |
| USE OF LIQUOR PURCHASED | |
| 56(1) | Place of consumption |
| (2) | Gifts of liquor |
| 57 | Homemade wine and beer |
| 58 | Importation of liquor |
| 59(1) | Records of sales in stores |
| (2) | Record of purchases |
| (3) | Monthly report to commission |
| (4) | Penalty |
| PART III | |
| THE SALE OF LIQUOR | |
| 60(1) | Classes of licences |
| (2) | Interim licence |
| 61 | Qualification of licensees |
| 62 | Named person and premises |
| 63(1) | Forfeiture of licence |
| (2) | Limited authority to successor |
| (3) | Application by successor |
| (4) | Extension of permission |
| 64(1) | Procedure for new licence |
| (1.1) | Contents of notice |
| (1.2) | Application of clause (1)(e) |
| (2) | Hearing |
| (3) | Objections to grant |
| (4) | Licences in parks |
| (5) | Licences in unorganized territory |
| 65(1) | Re-hearing by commission |
| (1.1) | Re-hearing by commission after granting |
| (2) | Appeal to Queen's Bench |
| (3) | Documents |
| (4) | Party |
| (5) | Decision of court |
| 66 | Renewal of licences |
| SUNDAY OPENING | |
| 66.1 | Definitions |
| 66.2 | Sunday opening |
| 66.3(1) | By-law re Sunday opening |
| (2) | Regulation re Sunday opening |
| (3) | Wording of by-law or regulation re Sunday opening |
| (4) | No other restriction in by-law or regulation |
| 66.4 | By-law or regulation to be obeyed |
| DINING ROOM LICENCE | |
| 67(1) | Requirements |
| (2) | Authority |
| (3) | Licences for certain institutions |
| 68(1) | Hours of sale |
| (2) | |
| 69(1) | Services in hotel |
| (2) | Self-serve unit |
| 70 | |
| COCKTAIL LOUNGE LICENCE | |
| 71(1) | Requirements |
| (2) | Authority |
| (3) | Taking liquor from dining room to lounge |
| (4) | Hours of sale |
| (5) | Open when food available |
| (6) | Other hours may be authorized |
| (7) | |
| (8) | Vacating of premises |
| (9) | Duty of licensee |
| (10) | Other uses |
| BEVERAGE ROOM LICENCE | |
| 72(1) | Requirements respecting hotel |
| (2) | Authority |
| (3) | Hours of sale |
| (4) | |
| (5) | Authorization to operate as dining room |
| (6) | Minors forbidden in beverage room |
| (6.1) | Obligation of licensee |
| (7) | Vacating of premises |
| (8) | Duty of licensee |
| (9) | Other uses |
| CABARET LICENCE | |
| 73(1) | Requirements |
| (2) | Authority |
| (3) | Entertainment |
| (4) | Hours of sale |
| (5) | Vacating cabaret |
| (6) | Duty of licensee |
| SPORTS FACILITY LICENCE | |
| 74(1) | Requirements |
| (2) | Authority |
| (3) | Hunting or fishing lodge |
| (4) | Hours of sale |
| SPECTATOR ACTIVITIES LICENCE | |
| 75(1) | Requirements |
| (2) | Authorization |
| (3) | Hours of sale |
| PRIVATE CLUB LICENCE | |
| 76(1) | Requirements |
| (2) | Authorization |
| (3) | Membership dropping below 100 |
| (3.1) | Reduced membership of veterans organization |
| (4) | Auxiliary members |
| (5) | Guests |
| (6) | Spouses |
| (7) | Special authorization |
| (8) | Roster |
| (9) | Prohibition |
| (10) | Hours of sale |
| (11) and (12) | |
| TRANSPORTATION LICENCE | |
| 77(1) | Requirements |
| (2) | Authorization |
| (3) | Hours |
| (4) | Purchases other than from commission or specialty wine store |
| (5) | Agreements |
| CANTEEN LICENCE | |
| 78(1) | Requirements |
| (2) | Authorization |
| (3) | Hours |
| RETAIL LICENCE | |
| 79 | Requirements |
| 80(1) | Beer vendor — building |
| (2) | Requirements for manufacturer's retail store |
| 81(1) | Beer vendor and brewer's retail |
| (2) | Wine manufacturer's retail store |
| (2.1) | Distiller's retail store |
| (3) | Sacramental wine |
| (4) | Records — sacramental wine |
| (1) and (1.1) | |
| (2) | Delivery |
| 83 | Further authorization |
| 84(1) | Hours of sale |
| (2) and (3) | |
| MANUFACTURER'S LICENCE | |
| 85(1) | Requirements |
| (2) | Authorization |
| 86 | Brewer's association |
| 87 | Warehouses |
| 88 | Record |
| 89 | Void licences |
| 90(1) | Licensing of manufacturer to sell liquor |
| (1.1) | Prohibition respecting manufacturers |
| (2) | Officers |
| GENERAL PROVISIONS | |
| 91(1) | No minor employed |
| (2) | Application of subsection 121(4) |
| 92 | Employees to be informed |
| 93(1) | Minor in cocktail lounge or cabaret |
| (1.1) | Obligation of licensee |
| (2) | |
| (3) | Minors in licensed premises |
| 94(1) | Consumption by minors prohibited |
| (2) | Application of subsection 121(4) |
| 95(1) | Destruction of liquor |
| (2) | Recorking wine served with meal |
| 96(1) | Obligations of licensee |
| (2) | Request to leave |
| (3) | Ejection |
| (4) | Duty of licensee re sale and service |
| 96.1(1) | Safety evaluation |
| (2) | Notice of required changes |
| (3) | Licensee to make required changes |
| 96.2(1) | Appeal |
| (2) | Appeal operates as a stay |
| (3) | Licensing Board to hear appeal |
| (4) | Powers on appeal |
| 97 | New Year's Eve |
| 98(1) | Restriction on amount sold |
| (2) | Possession restrictions |
| 99(1) | Sixty minutes extra allowed |
| (2) | |
| 100 | Special events |
| 101(1) | Consumption in licensed premises |
| (2) | No consumption in retail premises |
| (3) | Exception |
| 102 | Evidence |
| 103 | Licence to be posted |
| 104(1) | Seating capacity |
| (2) | Licensee to respect maximum capacity |
| 105 | Order forbidding sale |
| 106 | Licensee not required to open |
| 107 | Storage of liquor by licensees |
| 108 | Sale of lawful kinds |
| 109 | Lawful hours |
| 110 | |
| PART IV | |
| PROHIBITIONS AND PENALTIES | |
| 111(1) | Unlawful sale |
| (2) | Gifts of liquor prohibited |
| (3) | Exception |
| (3.1) | Donations for charitable auctions permitted |
| (4) | Certain gifts prohibited |
| (5) | Acceptance of certain gifts prohibited |
| (6) | Promotional purposes |
| (7) | Complimentary sample |
| 112 | Unlawful possession |
| 112.1 | Exception for certain lawful possession |
| 113 | No purchase or use of non-potable intoxicating substance as beverage |
| 114 | Unlawful sales |
| 115(1) | Unlawful sale for purposes of resale |
| (2) | Unlawful transportation for resale |
| (3) | Unlawful transportation |
| 116(1) | Carriage between lawful places |
| (2) | Carriage of liquor |
| (3) | Carriage of liquor on train |
| 117(1) | Liquor in motor vehicles |
| (2) | Beer in motor vehicles |
| (3) | Liquor in taxicabs |
| (4) | Station wagon |
| (5) | Motor homes |
| 118(1) | Unlawful consumption |
| (2) | Unlawful purchase |
| (3) | Consumption on place of purchase |
| (4) | Consumption only after lawful purchase |
| 119 | Trade show in licensed area |
| 120(1) | Consumption in public place |
| (2) | Drinks allowed in washroom |
| (3) | Exception |
| (4) | Disorderly conduct |
| (5) | Eviction of disorderly persons |
| (6) | Consumption in motor homes |
| (6.1) | Consumption on boats |
| (7) | Weapon forbidden |
| (8) | "Weapon" defined |
| (9) | Gang colours forbidden |
| (10) | Definition of "gang colours" |
| 121(1) | Unlawful sale to minors |
| (2) | Exception |
| (3) and (3.1) | |
| (4) | Acquittal in certain cases |
| (4.1) | False identification |
| (5) | Offence |
| 122 | Drunkenness, assisting in causing |
| 123(1) | Unlawful possession of liquor in hotels |
| (2) | Exceptions |
| 124(1) | Unlawful acts of employees |
| (2) | Taking bribes |
| (2.1) | When employment permitted |
| (3) | Giving bribes |
| 125(1) | Canvassing and advertising |
| (2) | Exceptions |
| PENALTIES | |
| 126 | Offences |
| 127(1) | Major offences by persons |
| (2) | Major offences by corporations |
| 128(1) | General offences by persons |
| (2) | General offences by corporations |
| 129 | False statement |
| 130 | Offence by corporation |
| 131 | Liability of occupant |
| 132 | Liability of licensee or permittee |
| PART V | |
| EVIDENCE | |
| 133(1) | Proof by analysis |
| (2) | Inference as conclusive evidence |
| 134(1) | Proof by certificate |
| (2) | Same names |
| (3) | Additional method of proof |
| 135 | Certificate to be sent to commission |
| PART VI | |
| ENFORCEMENT OF ACT | |
| 136(1) | Responsibility for enforcing |
| (2) | Provincial officials |
| (3) | Any person may make charge |
| 136.1(1) | When fines paid to municipality |
| (2) | Where appeal made |
| (3) | Division of fine |
| POWERS OF CONSTABLES AND INSPECTORS | |
| 137 | Authority to enforce Act |
| 138(1) | Entry for inspection |
| (2) | Refusal to admit |
| 139(1) | Arrest without warrant |
| (2) | Seizure of liquor unlawfully kept |
| 140 | Search warrant |
| 141 | Seizure without warrant |
| 142 | Incidental discovery |
| 143(1) | Forfeiture upon conviction |
| (2) | Forfeiture of seized liquor |
| 144 | Inventory |
| 145(1) | Information re seized liquor |
| (2) | Return of summons |
| (3) | Service of summons |
| (4) | Hearing as to ownership |
| (5) | When liquor may be confiscated |
| (6) | When liquor restored to owner |
| (7) | Prima facie proof |
| 146 | Where liquor may be forfeited |
| 147 | Disposal of forfeited liquor |
| PART VII | |
| LOCAL OPTION | |
| 148(1) | Definitions |
| (2) | Application of Part to specialty wine stores |
| (3) | Application of by-laws to specialty wine stores |
| (4) | Limitation on by-law power |
| 149 | Where no petition required |
| 150 | Municipality under local option |
| 151(1) | Prohibitions |
| (2) | Effect of licensed sale by-law |
| (3) | Establishment of warehouses |
| (4) | By-law prohibiting |
| (5) | Effect of by-law prohibiting beer sales |
| (6) | Form of petition |
| 152(1) | By-laws respecting licences |
| (2) | Effect of repeal |
| (3) | Limitation on certain licences |
| (4) | By-laws in new municipalities |
| (5) | Administered municipality |
| (6) | Vote in unincorp. village |
| PETITIONS | |
| 153(1) | Form of petition |
| (2) | Effect of local option petition |
| (3) | Petition for liquor stores |
| (4) | Combining of petitions |
| (5) | Form of petition |
| (6) | Requirements for petitions |
| (7) | Affidavit verifying signatures |
| (8) | Formalities re. signing petition |
| (9) | Sections |
| (10) | Supply of petition forms |
| (11) | Submission of by-laws |
| 154(1) | Objections to petition |
| (2) | Duties of minister |
| (3) | Effect of certificate |
| 155(1) | Proceedings for submission |
| (2) | Last day for filing petitions |
| (3) | Last day for first two readings |
| (4) | Limitation on further submissions |
| (5) | Limitation on submission of by-laws |
| (6) | Where no election in year |
| 156(1) | Separate vote re. each class |
| (2) | Limitation as to certain licences |
| 157 | Approval requires majority of voters who vote |
| 158 | Persons entitled to vote |
| 159(1) | Publication of notice |
| (2) | When published |
| 160(1) | Form of ballot |
| (2) | Combination of ballots |
| (3) | Modification of ballot forms |
| (4) | Poster for information of voters |
| PROCEDURE AFTER VOTE | |
| 161(1) | Subsequent procedure on by-law |
| (2) | Action on defeat of by-law |
| 162 | Computation of time |
| 163(1) | Proceedings for submission of repeal |
| (2) | Last day for filing petitions |
| (3) | Last day for first two readings |
| (4) | Limitation on petitions |
| 164 | Application of sections 155 and 161 |
| 165 | |
| 166(1) | By-law not invalid for irregularities |
| (2) | Injunction proceedings restricted |
| PART VIII | |
| HOTELS | |
| 167 | Where licence subject to hotel certificate |
| 168(1) | Application |
| (2) | Grant or refusal by commission |
| 169(1) | Certificate as registered hotel |
| (2) | Certificate not transferable |
| (3) | Expiry |
| 170(1) | Fees |
| (2) | Refunding registration fee |
| 171 | Renewals |
| 172 | Privileges of registered hotel |
| 173 | |
| 174 | Suspension and cancellation |
| 175(1) | Powers of municipal councils |
| (2) | Hearing of complaints |
| 176 | |
| 177 | |
| 178 | |
| 179(1) | Hotel records |
| (2) | Application of section 13 |
| PART IX | |
| GENERAL PROVISIONS | |
| 180(1) | General intent of Act |
| (2) | Means of control |
| 181 | Where one provision invalid |
| 182 | Reservation of powers |
| 183 |
