C.C.S.M. c. L153
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PART 1
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INTRODUCTORY PROVISIONS
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1
| (1)
| Definitions
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| (2)
| "Act" includes regulations
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| (3)
| Interpretation — intoxication
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2
|
| Purposes of this Act
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PART 2
|
LIQUOR, GAMING AND CANNABIS AUTHORITY OF MANITOBA
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3
| (1)
| Liquor, Gaming and Cannabis Authority of Manitoba
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| (2)
| Corporate status
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| (3)
| Powers and capacity
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| (4)
| Corporations Act does not apply
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4
| (1)
| Composition of the authority
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| (2)
| Term of appointment
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| (3)
| Member continues to hold office
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5
| (1)
| Chair and vice-chair
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| (2)
| Duties of vice-chair
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6
|
| Remuneration of members
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RESPONSIBILITIES
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7
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| Authority to act in public interest
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8
| (1)
| Duties — liquor
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| (2)
| Duties — gaming
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| (2.1)
| Duties — cannabis
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| (3)
| Social responsibility
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| (4)
| Authority may gather information
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| (5)
| General responsibilities
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9
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| Agreements with other jurisdictions
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EXECUTIVE DIRECTOR
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10
| (1)
| Executive director
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| (2)
| Responsibilities of the executive director
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| (3)
| Delegation
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| (4)
| Subdelegation
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EMPLOYEES
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11
| (1)
| Employees
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| (2)
| Civil Service Act does not apply to employees
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FINANCIAL AFFAIRS
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12
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| Annual budget
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13
| (1)
| Funding
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| (2)
| MLLC to comply with directive
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14
| (1)
| Borrowing by authority
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| (2)
| Advance out of Consolidated Fund
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15
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| Banking and accounts
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16
| (1)
| Fees and penalties
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| (2)
| Disposition of penalty amounts
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17
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| Property
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18
| (1)
| Investment of money
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| (2)
| Investment and interest to be paid to authority
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19
|
| Fiscal year
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20
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| Audit
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ANNUAL REPORT
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21
| (1)
| Annual report
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| (2)
| Content of report
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22
|
| Tabling report in Assembly
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PART 3
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LIQUOR
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DIVISION 1
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INTERPRETATION
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23
|
| Definitions
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DIVISION 2
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LICENSED PREMISES
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LIQUOR SERVICE LICENCES
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24
| (1)
| Liquor service licences
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| (2)
| Age-restricted liquor service licences
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| (3)
| Licence category reserved for hotels
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| (4)
| Restrictions respecting licence category
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25
| (1)
| Brew pub endorsement
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| (2)
| Requirements
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OPERATION OF LICENSED PREMISES
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26
|
| Liquor served in licensed premises
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27
| (1)
| Duties of licensee
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| (2)
| Duty of licensee re conduct in licensed premises
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28
|
| No disorderly conduct in licensed premises
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29
| (1)
| Request to leave licensed premises
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| (2)
| Compliance with request
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| (3)
| Ejection
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30
| (1)
| No minors in age-restricted licensed premises
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| (2)
| Licensee to prohibit entry to minor in age-restricted licensed premises
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| (3)
| Licensee to prohibit consumption by minors
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| (4)
| Licensee to require production of identification
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31
| (1)
| No weapons in licensed premises
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| (2)
| Duty of licensee re weapons
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| (3)
| Interpretation
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32
| (1)
| Removing persons who create a risk of violence
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| (2)
| Considerations re risk of violence
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| (3)
| Duty to comply with direction to leave
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| (4)
| Removal
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| (5)
| Definitions
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33
| (1)
| Emergency closure order
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| (2)
| Assistance
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34
|
| Notice of exclusive agreements
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DIVISION 3
|
RETAIL SALE OF LIQUOR
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35
|
| Retail liquor licences
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36
| (1)
| Liquor store licence
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| (2)
| Authorized sales
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37
| (1)
| Specialty wine store licence
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| (2)
| Authorized sales
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38
| (1)
| Retail beer vendor licence
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| (2)
| Authorized sales
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| (3)
| Location of retail beer vendor
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39
|
| Liquor sold in retail liquor premises
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40
| (1)
| Separate licences required
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| (2)
| Temporary location
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41
| (1)
| No consumption in retail liquor premises
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| (2)
| Exception
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42
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| Delivery of liquor purchased
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43
|
| Duties of retail liquor licence holders
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44
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| Sacramental wine vendor licence
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DIVISION 4
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MANUFACTURING LIQUOR
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45
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| Manufacturer's licence
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46
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| No consumption at licensed manufacturing premises
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47
| (1)
| Retail endorsement
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| (2)
| Terms and conditions
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| (3)
| Duties of holder of retail endorsement
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48
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| Homemade wine and beer
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DIVISION 5
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PERMITS
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49
| (1)
| Social occasion permits
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| (2)
| Application requirements
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| (3)
| Issuance of permit
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| (4)
| Municipality under local option
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| (5)
| Terms and conditions
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| (6)
| Liquor at social occasion
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| (7)
| Minors at social occasions
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| (8)
| Duties of permit holder
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| (9)
| Cancellation
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50
| (1)
| Special sale permits
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| (2)
| Terms and conditions
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DIVISION 6
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RESPONSIBLE USE OF LIQUOR
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51
|
| Definitions
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GENERAL PROHIBITIONS RE LIQUOR
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52
|
| No unauthorized manufacture of liquor
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53
| (1)
| No unauthorized sale of liquor
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| (2)
| No sale or provision of liquor for illegal resale
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54
|
| Unlawful purchase of liquor
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55
|
| Unlawful transportation of liquor
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56
|
| Unlawful possession of liquor
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57
| (1)
| No consumption or open liquor in public place
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| (2)
| Authorized places for consumption of liquor
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| (3)
| Liquor in washrooms
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58
|
| No providing liquor to intoxicated person
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59
|
| Duty to prevent intoxication and disturbances
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LIQUOR IN MOTOR VEHICLES AND BOATS
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60
| (1)
| Transporting liquor in motor vehicles
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| (2)
| Exceptions
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| (3)
| Liquor in taxis and other vehicles for hire
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61
| (1)
| Transporting liquor in boats
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| (2)
| Exceptions
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MINORS
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62
| (1)
| No providing liquor to minors
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| (2)
| Exception
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63
|
| No possession or consumption by minors
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64
| (1)
| False identification
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| (2)
| No providing identification to other persons
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DIVISION 7
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SOCIAL RESPONSIBILITY
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65
| (1)
| Public service notices
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| (2)
| Duty to post notice
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66
| (1)
| Training at licensed premises
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| (2)
| Training at retail liquor premises
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67
| (1)
| Investigating and mediating complaints
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| (2)
| Information from municipality
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| (3)
| Municipality may participate in mediation
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68
|
| Reporting to executive director
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DIVISION 8
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MISCELLANEOUS PROVISIONS RE LIQUOR
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69
| (1)
| Prohibited place order
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| (2)
| Effect of order
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| (3)
| When prohibited place order may be made
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| (4)
| Notice
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| (5)
| Hearing by executive director
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| (6)
| Service of orders
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| (7)
| Court order re prohibited place
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| (8)
| Revocation of order
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70
| (1)
| Gifts and sampling
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| (2)
| Restriction on gifts to licensees
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| (3)
| No acceptance of prohibited gifts
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71
|
| Importing liquor
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72
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| No application to health care professionals
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73
|
| Marketing representatives
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74
|
| Designation under Importation of Intoxicating Liquors Act
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75
| (1)
| Non-potable intoxicating substances
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| (2)
| Description
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| (3)
| Regulations re sale of non-potable intoxicating substance
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| (4)
| Restrictions re use of non-potable intoxicating substances
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| (5)
| Prohibition on sale of non-potable intoxicating substance as beverage
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76
| (1)
| Designating substance as liquor
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| (2)
| Regulations as to sale or use
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PART 4
|
GAMING
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DIVISION 1
|
INTRODUCTORY PROVISIONS
|
77
| (1)
| Definitions
|
| (2)
| Interpretation
|
78
| (1)
| Application — MLLC
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| (2)
| Application — WCLC
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| (3)
| Application — local gaming authority
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DIVISION 2
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LOTTERY SCHEMES
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LICENCES
|
79
|
| Types of gaming licences
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| (2)
| Employee licence required
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| (3)
| Gaming service provider licence required
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| (4)
| Electronic gaming devices required to be licensed
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OBLIGATIONS RE CONDUCT, MANAGEMENT AND OPERATION OF LOTTERY SCHEMES
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81
| (1)
| MLLC employees
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| (2)
| MLLC — individual gaming service providers
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| (3)
| MLLC — siteholders
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| (4)
| MLLC — lottery ticket retailers
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| (5)
| MLLC acting with others
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| (6)
| MLLC — gaming supplies and services
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82
|
| WCLC — lottery ticket retailers
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83
| (1)
| Gaming operator's employees
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| (2)
| Gaming operator — individual gaming service providers
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| (3)
| Gaming operator — gaming supplies and services
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84
| (1)
| Operations of local gaming authority
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| (2)
| Local gaming authorities — gaming supplies and services
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85
|
| Duties of gaming event licence holders
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86
|
| If employee's licence suspended
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87
| (1)
| Gaming integrity of lottery schemes
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| (2)
| Certain lottery schemes excluded
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DIVISION 3
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RECORDS AND REPORTING
|
88
|
| Definition: "gaming provider"
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89
| (1)
| Records to be maintained by gaming providers
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| (2)
| Records must be adequate
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| (3)
| Executive director may order records to be kept
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| (4)
| Gaming provider to comply
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90
|
| Gaming providers to report
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91
| (1)
| Financial reporting on request
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| (2)
| Form of financial statement and information
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| (3)
| Executive director may require audit
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| (4)
| Additional statements to be submitted with audit
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| (5)
| Access to records
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| (6)
| Costs
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| (7)
| Limitation — holder of gaming event licence
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92
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| Application — siteholder on First Nation reserve
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ANNUAL REPORTING
|
93
| (1)
| Annual reporting by local gaming authorities
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| (2)
| Annual report of siteholder
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IMMEDIATE REPORTING
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94
| (1)
| Information that is material
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| (2)
| Information that must be reported immediately
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DIVISION 4
|
RESPONSIBLE GAMING
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RESPONSIBLE GAMING POLICY
|
95
| (1)
| Responsible gaming policy
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| (2)
| Content of policy
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| (3)
| Ensuring responsible participation
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| (4)
| Regulations
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RESOLVING GAMING DISPUTES
|
| (1
| Definition: "affected party"
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| (2)
| Patron may request investigation
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| (3)
| Actions of executive director
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| (4)
| Procedure
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| (5)
| If dispute settled
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| (6)
| Orders in other circumstances
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| (7)
| Order to be served
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| (8)
| Executive director not disqualified after mediation
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| (9)
| Application
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PROHIBITIONS
|
97
|
| Meaning of "participate"
|
98
| (1)
| Minors prohibited from provincial gaming
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| (2)
| Minors not permitted to participate in provincial gaming
|
99
|
| Requirement to check identification
|
100
| (1)
| Request that minor leave premises
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| (2)
| Ejection
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101
|
| Prohibition — unauthorized lottery schemes
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PART 4.1
|
CANNABIS
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DIVISION 1
|
INTERPRETATION AND APPLICATION
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101.1
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| Definitions
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101.2
| (1)
| No application to cannabis for medical purposes
|
| (2)
| No application to authorized activities under federal Act
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| (3)
| Cannabis for research purposes permitted
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DIVISION 2
|
RETAIL SALE OF CANNABIS
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101.3
| (1)
| Cannabis store agreement
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| (2)
| Cannabis store agreement with MLLC
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101.4
| (1)
| Retail cannabis licence
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| (2)
| Authorized sales
|
| (3)
| Categories of retail cannabis licence
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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
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101.8
| (1)
| No young persons in age-restricted cannabis store
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| (2)
| Prohibiting entry by young persons
|
| (3)
| Production of identification
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101.9
|
| No consumption in cannabis store
|
101.10
|
| Requirements re operation of cannabis store
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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
|