C.C.S.M. c. L153
The Liquor, Gaming and Cannabis Control Act
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
1 | (1) | Definitions |
(2) | "Act" includes regulations | |
(3) | Interpretation — intoxication | |
2 | Purposes of this Act | |
PART 2 | ||
LIQUOR, GAMING AND CANNABIS AUTHORITY OF MANITOBA | ||
3 | (1) | Liquor, Gaming and Cannabis Authority of Manitoba |
(2) | Corporate status | |
(3) | Powers and capacity | |
(4) | Corporations Act does not apply | |
4 | (1) | Composition of the authority |
(2) | Term of appointment | |
(3) | Member continues to hold office | |
5 | (1) | Chair and vice-chair |
(2) | Duties of vice-chair | |
6 | Remuneration of members | |
RESPONSIBILITIES | ||
7 | Authority to act in public interest | |
8 | (1) | Duties — liquor |
(2) | Duties — gaming | |
(2.1) | Duties — cannabis | |
(3) | Social responsibility | |
(4) | Authority may gather information | |
(5) | General responsibilities | |
9 | Agreements with other jurisdictions | |
EXECUTIVE DIRECTOR | ||
10 | (1) | Executive director |
(2) | Responsibilities of the executive director | |
(3) | Delegation | |
(4) | Subdelegation | |
EMPLOYEES | ||
11 | (1) | Employees |
(2) | Civil Service Act does not apply to employees | |
FINANCIAL AFFAIRS | ||
12 | Annual budget | |
13 | (1) | Funding |
(2) | MLLC to comply with directive | |
14 | (1) | Borrowing by authority |
(2) | Advance out of Consolidated Fund | |
15 | Banking and accounts | |
16 | (1) | Fees and penalties |
(2) | Disposition of penalty amounts | |
17 | Property | |
18 | (1) | Investment of money |
(2) | Investment and interest to be paid to authority | |
19 | Fiscal year | |
20 | Audit | |
ANNUAL REPORT | ||
21 | (1) | Annual report |
(2) | Content of report | |
22 | Tabling report in Assembly | |
PART 3 | ||
LIQUOR | ||
DIVISION 1 | ||
INTERPRETATION | ||
23 | Definitions | |
DIVISION 2 | ||
LICENSED PREMISES | ||
LIQUOR SERVICE LICENCES | ||
24 | (1) | Liquor service licences |
(2) | Age-restricted liquor service licences | |
(3) | Licence category reserved for hotels | |
(4) | Restrictions respecting licence category | |
25 | (1) | Brew pub endorsement |
(2) | Requirements | |
OPERATION OF LICENSED PREMISES | ||
26 | Liquor served in licensed premises | |
27 | (1) | Duties of licensee |
(2) | Duty of licensee re conduct in licensed premises | |
28 | No disorderly conduct in licensed premises | |
29 | (1) | Request to leave licensed premises |
(2) | Compliance with request | |
(3) | Ejection | |
30 | (1) | No minors in age-restricted licensed premises |
(2) | Licensee to prohibit entry to minor in age-restricted licensed premises | |
(3) | Licensee to prohibit consumption by minors | |
(4) | Licensee to require production of identification | |
31 | (1) | No weapons in licensed premises |
(2) | Duty of licensee re weapons | |
(3) | Interpretation | |
32 | (1) | Removing persons who create a risk of violence |
(2) | Considerations re risk of violence | |
(3) | Duty to comply with direction to leave | |
(4) | Removal | |
(5) | Definitions | |
33 | (1) | Emergency closure order |
(2) | Assistance | |
34 | Notice of exclusive agreements | |
DIVISION 3 | ||
RETAIL SALE OF LIQUOR | ||
35 | Retail liquor licences | |
36 | (1) | Liquor store licence |
(2) | Authorized sales | |
37 | (1) | Specialty wine store licence |
(2) | Authorized sales | |
38 | (1) | Retail beer vendor licence |
(2) | Authorized sales | |
(3) | Location of retail beer vendor | |
39 | Liquor sold in retail liquor premises | |
40 | (1) | Separate licences required |
(2) | Temporary location | |
41 | (1) | No consumption in retail liquor premises |
(2) | Exception | |
42 | Delivery of liquor purchased | |
43 | Duties of retail liquor licence holders | |
44 | Sacramental wine vendor licence | |
DIVISION 4 | ||
MANUFACTURING LIQUOR | ||
45 | Manufacturer's licence | |
46 | No consumption at licensed manufacturing premises | |
47 | (1) | Retail endorsement |
(2) | Terms and conditions | |
(3) | Duties of holder of retail endorsement | |
48 | Homemade wine and beer | |
DIVISION 5 | ||
PERMITS | ||
49 | (1) | Social occasion permits |
(2) | Application requirements | |
(3) | Issuance of permit | |
(4) | Municipality under local option | |
(5) | Terms and conditions | |
(6) | Liquor at social occasion | |
(7) | Minors at social occasions | |
(8) | Duties of permit holder | |
(9) | Cancellation | |
50 | (1) | Special sale permits |
(2) | Terms and conditions | |
DIVISION 6 | ||
RESPONSIBLE USE OF LIQUOR | ||
51 | Definitions | |
GENERAL PROHIBITIONS RE LIQUOR | ||
52 | No unauthorized manufacture of liquor | |
53 | (1) | No unauthorized sale of liquor |
(2) | No sale or provision of liquor for illegal resale | |
54 | Unlawful purchase of liquor | |
55 | Unlawful transportation of liquor | |
56 | Unlawful possession of liquor | |
57 | (1) | No consumption or open liquor in public place |
(2) | Authorized places for consumption of liquor | |
(3) | Liquor in washrooms | |
58 | No providing liquor to intoxicated person | |
59 | Duty to prevent intoxication and disturbances | |
LIQUOR IN MOTOR VEHICLES AND BOATS | ||
60 | (1) | Transporting liquor in motor vehicles |
(2) | Exceptions | |
(3) | Liquor in taxis and other vehicles for hire | |
61 | (1) | Transporting liquor in boats |
(2) | Exceptions | |
MINORS | ||
62 | (1) | No providing liquor to minors |
(2) | Exception | |
63 | No possession or consumption by minors | |
64 | (1) | False identification |
(2) | No providing identification to other persons | |
DIVISION 7 | ||
SOCIAL RESPONSIBILITY | ||
65 | (1) | Public service notices |
(2) | Duty to post notice | |
66 | (1) | Training at licensed premises |
(2) | Training at retail liquor premises | |
67 | (1) | Investigating and mediating complaints |
(2) | Information from municipality | |
(3) | Municipality may participate in mediation | |
68 | Reporting to executive director | |
DIVISION 8 | ||
MISCELLANEOUS PROVISIONS RE LIQUOR | ||
69 | (1) | Prohibited place order |
(2) | Effect of order | |
(3) | When prohibited place order may be made | |
(4) | Notice | |
(5) | Hearing by executive director | |
(6) | Service of orders | |
(7) | Court order re prohibited place | |
(8) | Revocation of order | |
70 | (1) | Gifts and sampling |
(2) | Restriction on gifts to licensees | |
(3) | No acceptance of prohibited gifts | |
71 | Importing liquor | |
72 | No application to health care professionals | |
73 | Marketing representatives | |
74 | Designation under Importation of Intoxicating Liquors Act | |
75 | (1) | Non-potable intoxicating substances |
(2) | Description | |
(3) | Regulations re sale of non-potable intoxicating substance | |
(4) | Restrictions re use of non-potable intoxicating substances | |
(5) | Prohibition on sale of non-potable intoxicating substance as beverage | |
76 | (1) | Designating substance as liquor |
(2) | Regulations as to sale or use | |
PART 4 | ||
GAMING | ||
DIVISION 1 | ||
INTRODUCTORY PROVISIONS | ||
77 | (1) | Definitions |
(2) | Interpretation | |
78 | (1) | Application — MLLC |
(2) | Application — WCLC | |
(3) | Application — local gaming authority | |
DIVISION 2 | ||
LOTTERY SCHEMES | ||
LICENCES | ||
79 | Types of gaming licences | |
(2) | Employee licence required | |
(3) | Gaming service provider licence required | |
(4) | Electronic gaming devices required to be licensed | |
OBLIGATIONS RE CONDUCT, MANAGEMENT AND OPERATION OF LOTTERY SCHEMES | ||
81 | (1) | MLLC employees |
(2) | MLLC — individual gaming service providers | |
(3) | MLLC — siteholders | |
(4) | MLLC — lottery ticket retailers | |
(5) | MLLC acting with others | |
(6) | MLLC — gaming supplies and services | |
82 | WCLC — lottery ticket retailers | |
83 | (1) | Gaming operator's employees |
(2) | Gaming operator — individual gaming service providers | |
(3) | Gaming operator — gaming supplies and services | |
84 | (1) | Operations of local gaming authority |
(2) | Local gaming authorities — gaming supplies and services | |
85 | Duties of gaming event licence holders | |
86 | If employee's licence suspended | |
87 | (1) | Gaming integrity of lottery schemes |
(2) | Certain lottery schemes excluded | |
DIVISION 3 | ||
RECORDS AND REPORTING | ||
88 | Definition: "gaming provider" | |
89 | (1) | Records to be maintained by gaming providers |
(2) | Records must be adequate | |
(3) | Executive director may order records to be kept | |
(4) | Gaming provider to comply | |
90 | Gaming providers to report | |
91 | (1) | Financial reporting on request |
(2) | Form of financial statement and information | |
(3) | Executive director may require audit | |
(4) | Additional statements to be submitted with audit | |
(5) | Access to records | |
(6) | Costs | |
(7) | Limitation — holder of gaming event licence | |
92 | Application — siteholder on First Nation reserve | |
ANNUAL REPORTING | ||
93 | (1) | Annual reporting by local gaming authorities |
(2) | Annual report of siteholder | |
IMMEDIATE REPORTING | ||
94 | (1) | Information that is material |
(2) | Information that must be reported immediately | |
DIVISION 4 | ||
RESPONSIBLE GAMING | ||
RESPONSIBLE GAMING POLICY | ||
95 | (1) | Responsible gaming policy |
(2) | Content of policy | |
(3) | Ensuring responsible participation | |
(4) | Regulations | |
RESOLVING GAMING DISPUTES | ||
(1 | Definition: "affected party" | |
(2) | Patron may request investigation | |
(3) | Actions of executive director | |
(4) | Procedure | |
(5) | If dispute settled | |
(6) | Orders in other circumstances | |
(7) | Order to be served | |
(8) | Executive director not disqualified after mediation | |
(9) | Application | |
PROHIBITIONS | ||
97 | Meaning of "participate" | |
98 | (1) | Minors prohibited from provincial gaming |
(2) | Minors not permitted to participate in provincial gaming | |
99 | Requirement to check identification | |
100 | (1) | Request that minor leave premises |
(2) | Ejection | |
101 | Prohibition — unauthorized lottery schemes | |
PART 4.1 | ||
CANNABIS | ||
DIVISION 1 | ||
INTERPRETATION AND APPLICATION | ||
101.1 | Definitions | |
101.2 | (1) | No application to cannabis for medical purposes |
(2) | No application to authorized activities under federal Act | |
(3) | Cannabis for research purposes permitted | |
DIVISION 2 | ||
RETAIL SALE OF CANNABIS | ||
101.3 | (1) | Cannabis store agreement |
(2) | Cannabis store agreement with MLLC | |
101.4 | (1) | Retail cannabis licence |
(2) | Authorized sales | |
(3) | Categories of retail cannabis licence | |
101.5 | (1) | Separate licences required |
(2) | Temporary location | |
101.6 | (1) | Cannabis must be purchased from MLLC |
(2) | Sale of authorized classes of cannabis | |
(3) | Packaging and labelling | |
101.7 | Cannabis not visible to young persons | |
101.8 | (1) | No young persons in age-restricted cannabis store |
(2) | Prohibiting entry by young persons | |
(3) | Production of identification | |
101.9 | No consumption in cannabis store | |
101.10 | Requirements re operation of cannabis store | |
DIVISION 3 | ||
CANNABIS DISTRIBUTORS | ||
101.11 | (1) | Cannabis distributor licence |
(2) | Authorized activities | |
101.12 | Purchase requirement | |
DIVISION 4 | ||
PROHIBITIONS RE CANNABIS | ||
101.13 | (1) | No unauthorized sale of cannabis |
(2) | No sale or provision of cannabis for resale | |
101.14 | Unlawful purchase of cannabis | |
101.15 | No residential cultivation of cannabis | |
101.16 | No providing cannabis to intoxicated person | |
101.17 | No providing cannabis to young persons | |
101.18 | No possession or consumption by young persons | |
101.19 | (1) | False identification |
(2) | No providing identification to young persons | |
DIVISION 5 | ||
SOCIAL RESPONSIBILITY | ||
101.20 | (1) | Public service notices |
(2) | Duty to post notice | |
101.21 | Training | |
101.22 | (1) | Investigating and mediating complaints |
(2) | Information from municipality | |
(3) | Municipality may participate in mediation | |
101.23 | Reporting to executive director | |
DIVISION 6 | ||
MISCELLANEOUS PROVISIONS RE CANNABIS | ||
101.24 | Importing cannabis | |
101.25 | No accepting gifts | |
101.26 | (1) | Transporting cannabis in boats |
(2) | Definition: "boat" | |
101.27 | (1) | Exemptions |
(2) | Requirement to prove exemption | |
PART 5 | ||
LICENSING AND APPROVALS | ||
INTERPRETATION | ||
102 | (1) | Definition: "applicant" |
(2) | Determining principals of an applicant | |
LICENCE APPLICATION PROCESS | ||
103 | (1) | Application for licence |
(2) | Required information | |
(3) | Rejection due to incomplete or inaccurate application | |
104 | (1) | Background investigations |
(2) | Scope of background checks | |
(3) | Inspecting premises | |
(4) | Costs of background investigations | |
105 | (1) | Public notice of certain liquor licence applications |
(2) | Exception | |
(3) | Manner of giving public notice | |
(4) | Form and content of public notice | |
(5) | Objections to licence | |
(6) | Dealing with objections | |
DECISIONS ON LICENCE APPLICATIONS | ||
106 | (1) | When licence may be issued |
(2) | Additional requirements — liquor service and retail beer vendor licences | |
(3) | Zoning and approval requirement | |
(4) | Additional requirements — gaming licences | |
(5) | Notice of refusal | |
107 | (1) | Terms and conditions on licence |
(2) | Restriction re siteholder terms and conditions | |
(3) | Compliance with terms and conditions | |
(4) | Notice of right of appeal | |
GENERAL PROVISIONS RE LICENCES | ||
108 | (1) | Licence fees |
(2) | Exception | |
109 | (1) | Term |
(2) | Validity of cannabis store licence | |
(3) | Validity of cannabis distributor licence | |
110 | (1) | Licence not transferrable or assignable |
(2) | Licence invalid if change in control | |
111 | (1) | Renewal |
(2) | Application | |
OBJECTIONS TO APPLICATIONS FOR LIQUOR SERVICE AND RETAIL BEER VENDOR LICENCES | ||
112 | (1) | Public objections to certain liquor licences |
(2) | Actions by executive director | |
(3) | Decision | |
(4) | Decision to be given to applicant and objector | |
(5) | When licence may be issued | |
APPROVING THE INTEGRITY OF LOTTERY SCHEMES | ||
113 | Definition: "approval" | |
114 | (1) | Application re gaming integrity |
(2) | Who may apply | |
(3) | Required information | |
(4) | Investigation | |
(5) | Scope of investigation | |
(6) | Costs of investigation | |
115 | (1) | Refusal to approve integrity |
(2) | Notice of refusal | |
116 | (1) | Issuing gaming integrity approval |
(2) | Duration of approval | |
(3) | Terms and conditions | |
(4) | Compliance | |
(5) | Order to correct deficiency | |
(6) | Notice of right of appeal | |
117 | Regulations restricting terms and conditions | |
PART 6 | ||
COMPLIANCE | ||
DIVISION 1 | ||
DEFINITIONS | ||
118 | Definitions | |
DIVISION 2 | ||
INSPECTORS AND INSPECTIONS | ||
INSPECTORS | ||
119 | Inspectors | |
120 | (1) | Inspectors with restricted enforcement powers |
(2) | Appointment requirements | |
(3) | Authorization | |
121 | Identification | |
122 | No obstruction of inspector | |
INSPECTIONS | ||
123 | (1) | Inspections |
(2) | Assistance | |
(3) | Warrant to enter a dwelling | |
(4) | Warrant to conduct inspection | |
(5) | Application without notice | |
124 | (1) | Assistance to be given |
(2) | Samples and testing | |
(3) | Production of identification | |
(4) | Electronic records | |
(5) | Inspector may make copies | |
(6) | Inspector may remove records to make copies | |
SEARCH, SEIZURE AND ARREST | ||
125 | (1) | Warrant for search and seizure |
(2) | Application without notice | |
(3) | Telewarrant | |
(4) | Search and seizure without warrant | |
126 | Seizure of liquor in unlawful places | |
127 | Arrest without warrant | |
DIVISION 3 | ||
COMPLIANCE ORDERS | ||
128 | (1) | Compliance orders |
(2) | Actions under compliance order | |
(3) | Additional actions — siteholders and lottery ticket retailers | |
(4) | Additional actions — First Nation gaming | |
(5) | Form of compliance order | |
(6) | Duty to comply | |
129 | (1) | Compliance order with immediate effect |
(2) | Application | |
130 | (1) | Varying orders |
(2) | When compliance order final | |
131 | Administrative penalty | |
132 | Service of orders | |
133 | No offence to be charged if penalty paid | |
134 | (1) | Enforcement of penalty |
(2) | Debt due to the authority | |
(3) | Certificate registered in court | |
PART 7 | ||
APPEALS | ||
135 | (1) | Decisions and orders that may be appealed |
(2) | Who can appeal | |
(3) | How to appeal | |
(4) | Extending the time limit | |
(5) | Parties | |
(6) | Stay pending appeal | |
136 | (1) | Hearing within 60 days |
(2) | No hearing in certain cases | |
137 | (1) | Panel to hear appeal |
(2) | Chair on panel | |
(3) | Jurisdiction of panel | |
138 | (1) | Conduct of hearing |
(2) | Evidence | |
139 | (1) | Decision |
(2) | Reasons | |
(3) | Decision given to the parties | |
(4) | Decision final | |
140 | (1) | Appeal to court |
(2) | Time limit | |
(3) | Powers of court on appeal | |
141 | Regulations | |
PART 8 | ||
EVIDENCE, OFFENCES AND PENALTIES | ||
EVIDENCE, INFERENCES AND DEFENCES | ||
142 | Definition: "proceeding" | |
143 | Presumption re liquor in container | |
143.1 | Presumption re cannabis | |
144 | (1) | Certificate of analyst admissible |
(2) | Notice of certificate or report | |
145 | Evidence: providing liquor | |
145.1 | Evidence: providing cannabis | |
146 | (1) | Evidence: advertising a lottery scheme |
(2) | Evidence: advertising gaming supplies or gaming services | |
(3) | Meaning of "advertisement" | |
147 | Defence re identification | |
OFFENCES AND PENALTIES | ||
148 | Offences | |
149 | (1) | Penalties |
(2) | Liability of directors and officers | |
150 | Forfeiture of seized items | |
151 | When fine paid to municipality | |
PART 9 | ||
GENERAL PROVISIONS | ||
152 | (1) | Service of documents |
(2) | Deemed receipt | |
(3) | Actual notice is sufficient | |
153 | Responsibility for actions of employees and others | |
154 | Protection from liability | |
155 | No cause of action | |
156 | Not compellable in civil proceeding | |
157 | (1) | Regulations made by Lieutenant Governor in Council |
(2) | Regulations made by board | |
(3) | Scope and application of regulations | |
(4) | Adopting codes and standards | |
PART 10 | ||
COMMUNITY INPUT | ||
INTERPRETATION | ||
158 | Definitions | |
LOCAL OPTION ON LIQUOR AND CANNABIS SALES AND VIDEO LOTTERY GAMING | ||
159 | (1) | Plebiscite on liquor sales |
(2) | Plebiscite on multiple questions | |
160 | Plebiscite on video lottery gaming | |
160.1 | Plebiscite on cannabis sales | |
161 | (1) | Initiating plebiscite by resolution |
(2) | Wording to be approved by authority | |
(3) | Time to make resolution | |
162 | (1) | Initiating plebiscite by petition |
(2) | Petition wording | |
(3) | Information about petitioners | |
(4) | Witness to signature | |
(5) | Number of petitioners required to initiate plebiscite | |
(6) | Reasons for exclusion | |
(7) | Time for filing of petition | |
163 | (1) | Notice of petition |
(2) | Objection to petition | |
(3) | Content of notice of objection | |
(4) | CAO to determine sufficiency of petition | |
(5) | Determination final | |
164 | Notice of plebiscite | |
165 | (1) | Plebiscite to be held on voting day |
(1.1) | Exception for plebiscite on cannabis sales | |
(2) | Wording of plebiscite question | |
(3) | Application of Municipal Councils and School Boards Elections Act | |
166 | (1) | When plebiscite question is approved |
(2) | Notice of result | |
167 | (1) | Effect of plebiscite approving prohibition on local sale of liquor |
(2) | Effect of plebiscite approving restriction on liquor sales | |
(3) | Effect of plebiscite prohibiting video lottery gaming | |
(4) | Effect of plebiscite prohibiting sale of cannabis | |
168 | No action re plebiscite | |
169 | Application | |
170 | (1) | Transitional — municipality under local option |
(2) | Transitional — age-restricted licences | |
(3) | Transitional — other liquor licences | |
(4) | Transitional — retail liquor sales | |
(5) | Transitional — municipality subject to different rules | |
(6) | Transitional — video lottery gaming | |
(7) | Definition: "Liquor Control Act" | |
SUNDAY LIQUOR AND CANNABIS SALES | ||
171 | (1) | Sunday liquor sales |
(2) | Sunday cannabis sales | |
172 | (1) | By-law re Sunday liquor sales |
(2) | Wording of by-law | |
(3) | No other restriction in by-law | |
(4) | Notice to authority | |
172.1 | (1) | By-law re Sunday cannabis sales |
(2) | No other restriction in by-law | |
(3) | Notice to authority | |
173 | Compliance with Sunday liquor sale by-law | |
173.1 | Compliance with Sunday cannabis sale by-law | |
PART 11 | ||
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS | ||
TRANSITIONAL PROVISIONS | ||
174 | Definitions | |
175 | (1) | Liquor service licences |
(2) | Terms and conditions | |
(3) | Issuing liquor service licence | |
(4) | Term of licences | |
176 | (1) | Liquor store licences to MLLC |
(2) | Liquor store licence to liquor vendors | |
(3) | Liquor store licence to operator of duty free liquor store | |
(4) | Specialty wine store licences | |
(5) | Retail beer vendor licences | |
(6) | Sacramental wine vendor licences | |
177 | (1) | Manufacturer's licences |
(2) | Retail endorsement | |
178 | Requirement to provide information and authorizations to authority | |
179 | Social occasion permits | |
180 | Registration of marketing representatives | |
181 | Registrations under Gaming Control Act | |
186 | Transition — terms and conditions continue | |
187 | Transition — "licensing authority" | |
188 | (1) | Transition — employees of Liquor Control Commission |
(2) | Information | |
189 | Employees | |
190 | (1) | Act applies to pending applications and proceedings |
(2) | Applications for licences | |
(3) | Appeals from Licensing Board | |
191 | (1) | Transitional regulations |
(2) | Scope of transitional regulations | |
CONSEQUENTIAL AMENDMENTS | ||
192 to 204 | ||
PART 12 | ||
REPEALS, CITATION AND COMING INTO FORCE | ||
205 | Repeals | |
206 | C.C.S.M. reference | |
207 | Coming into force |