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2nd Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 201

THE LIQUOR, GAMING AND CANNABIS CONTROL AMENDMENT AND MANITOBA LIQUOR AND LOTTERIES CORPORATION AMENDMENT ACT (EXPANDING LIQUOR RETAIL)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

PART 1
THE LIQUOR, GAMING AND CANNABIS CONTROL ACT

C.C.S.M. c. L153 amended

1   The Liquor, Gaming and Cannabis Control Act is amended by this Part.

2   The following is added after section 38:

Pilot project — expanded liquor retail

38.1(1)   A person who has entered into an agreement with MLLC under subsection 35.1(4) of The Manitoba Liquor and Lotteries Corporation Act is authorized to sell all types of liquor in their premises.

Repeal

38.1(2)   This section is repealed five years after the day it comes into force.

PART 2
THE MANITOBA LIQUOR AND LOTTERIES CORPORATION ACT

C.C.S.M. c. L155 amended

3   The Manitoba Liquor and Lotteries Corporation Act is amended by this Part.

4   The following is added after section 35:

Pilot project — expanded liquor retail

35.1(1)   On the coming into force of this section, a pilot project is established to enable certain liquor retailers to sell all types of liquor under their existing licence.

Agreement required

35.1(2)   The holder of

(a) a retail beer vendor licence under The Liquor, Gaming and Cannabis Control Act;

(b) a specialty wine store licence under The Liquor, Gaming and Cannabis Control Act; or

(c) a manufacturer's licence with a retail endorsement under The Liquor, Gaming and Cannabis Control Act;

who wishes to sell all types of liquor in their premises must enter into an agreement with the corporation under subsection (4). The licence holder must hold the licence immediately before this section comes into force.

Request for agreement

35.1(3)   A licence holder referred to in subsection (2) must first notify the corporation that they wish to be authorized to sell all types of liquor under their existing licence.

Agreement

35.1(4)   Upon receiving a notification under subsection (3), the corporation must enter into a written agreement with the licence holder — on the terms specified by the corporation — that authorizes the licence holder to sell all types of liquor under their existing licence.

Purchase from corporation

35.1(5)   A licence holder authorized to sell all types of liquor must purchase from the corporation the liquor it sells or offers for sale.

Supply of liquor to specialty wine store

35.1(6)   Subsection 35(3) (duty of corporation to supply requested product) does not apply to the supply of liquor, other than wine, to a specialty wine store.

Uniform prices

35.1(7)   A licence holder authorized to sell all types of liquor must charge the prices established by the corporation under section 38, but subsection 35(4) (differential pricing) continues to apply to the sale of wine by the operator of a specialty wine store.

Sale from nearby premises by manufacturer

35.1(8)   An authorization to sell all types of liquor given to the holder of a manufacturer's licence includes the premises subject to their existing licence and any nearby associated premises approved by the executive director of the Authority.

Pilot project — rural liquor vendors

35.2   During the pilot project established under section 35.1, the corporation must not impose any new restriction or condition on a person authorized to sell liquor under section 34 (liquor vendor in rural areas) that prohibits the person from selling liquor based on

(a) its brand;

(b) its container size;

(c) the type of packaging in which the liquor is sold;

(d) the number of units in a package; or

(e) the temperature at which the liquor is sold.

Any existing restrictions or conditions of this type are suspended during the pilot project.

Pilot project — repeal

35.3   Sections 35.1 and 35.2 and this section are repealed five years after the day this section comes into force.

PART 3
COMING INTO FORCE

Coming into force

5   This Act comes into force 180 days after the day it receives royal assent.

Explanatory Note

The Liquor, Gaming and Cannabis Control Act and The Manitoba Liquor and Lotteries Corporation Act are amended.

Under a five-year pilot project, retail beer vendors, speciality wine stores and manufacturers are permitted to sell all types of liquor.