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The Liquor, Gaming and Cannabis Control Amendment Act (2)

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S.M. 2021, c. 51

Bill 60, 3rd Session, 42nd Legislature

The Liquor, Gaming and Cannabis Control Amendment Act (2)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Liquor, Gaming and Cannabis Control Act.

A licence from the Liquor, Gaming and Cannabis Authority of Manitoba is required to deliver liquor ordered from licensed premises or a liquor retailer and cannabis ordered from a cannabis store. A licence is not required if employees of these businesses make deliveries directly to customers or if a person making a delivery is exempted by regulation.

The Authority may employ or retain minors and young persons to help determine whether persons licensed under the Act are contravening rules that prohibit certain conduct involving minors or young persons.

Marketing representatives and agents of a liquor manufacturer or liquor distributor are no longer required to register with the Authority.

(Assented to May 20, 2021)

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

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

1

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

2

Subsection 1(1) is amended by adding the following definitions:

"delivery licence" means a licence issued under section 151.1. (« licence de livraison »)

"young person" means a person under the age of 19 years. (« jeune »)

3

The following is added after subsection 24.1(2):

Who may deliver beer, wine, cider and coolers

24.1(3)

Beer, wine, cider and coolers that are sold for delivery with food must be delivered by

(a) an employee of the licensee;

(b) a person employed or retained by the holder of a delivery licence; or

(c) a person who is exempted by regulation from the requirement to hold a delivery licence in order to deliver liquor.

4

Section 42 is replaced with the following:

Treatment of retail liquor purchases

42(1)

Liquor purchased on a retail basis from the holder of a retail liquor licence, a manufacturer's licence with a retail endorsement or a liquor service licence with a brew pub endorsement must

(a) be given to the purchaser at the time of purchase for consumption elsewhere; or

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

Who may deliver liquor

42(2)

Liquor that is delivered to the purchaser under clause (1)(b) must be delivered by

(a) an employee of the licensee;

(b) a person employed or retained by the holder of a delivery licence; or

(c) a person who is exempted by regulation from the requirement to hold a delivery licence in order to deliver liquor.

5

Section 73 is repealed.

6

Section 101.1 is amended by repealing the definition "young person".

7

Clause 101.4(2)(b) is replaced with the following:

(b) for delivery in accordance with the regulations, based on remote orders received by the holder.

8

The following is added after section 101.4:

Who may deliver cannabis

101.4.1

Cannabis that is sold for delivery by the holder of a retail cannabis licence must be delivered by

(a) an employee of the licensee;

(b) a person employed or retained by the holder of a delivery licence; or

(c) a person who is exempted by regulation from the requirement to hold a delivery licence in order to deliver cannabis.

9

The following is added after section 122 and before the centred heading that follows it:

Compliance actions by minors and young persons

122.1(1)

The authority may employ or engage minors and young persons to assist in determining whether persons holding licences under this Act are complying with provisions of this Act that relate to minors or young persons.

Exception to prohibitions re minors and young persons

122.1(2)

Subject to subsection (3), the provisions of this Act that prohibit minors or young persons from engaging in specified conduct do not apply to a minor or young person employed or engaged by the authority while they are acting in accordance with directions from the authority.

Consumption prohibited

122.1(3)

A minor or young person employed or engaged by the authority must not consume liquor or cannabis while performing their duties.

10

The heading for Part 9 is replaced with "MISCELLANEOUS PROVISIONS".

11

The following is added before section 152 as part of Part 9:

Liquor and cannabis delivery licence

151.1(1)

The executive director may issue a licence that authorizes

(a) the delivery of liquor to persons who have ordered it from the holder of a liquor service licence, a retail liquor licence or a manufacturer's licence with a retail endorsement; and

(b) the delivery of cannabis to persons who have ordered it from the holder of a retail cannabis licence.

Requirements for persons making deliveries

151.1(2)

All persons employed or retained by the holder of a delivery licence to deliver liquor or cannabis must

(a) have successfully completed a training course specified by the executive director; and

(b) be at least

(i) 18 years of age, if they are delivering liquor, and

(ii) 19 years of age, if they are delivering cannabis.

No unauthorized delivery of liquor or cannabis

151.2

Except as authorized under this Act, a person must not deliver

(a) liquor that has been ordered for delivery from the holder of a liquor service licence, a retail liquor licence or a manufacturer's licence with a retail endorsement ; or

(b) cannabis that has been ordered for delivery from the holder of a retail cannabis licence.

12

Subsection 157(2) is amended by adding the following after clause (jj):

(jj.1) respecting the operations of holders of delivery licences;

(jj.2) exempting a person, or class of persons, from the requirement to hold a delivery licence in order to deliver liquor or cannabis to persons who have ordered those products from the holders of licences under this Act;

(jj.3) respecting minors and young persons employed or engaged by the authority under section 122.1;

Coming into force

13

This Act comes into force on a day to be fixed by proclamation.