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C.C.S.M. c. L153
The Liquor, Gaming and Cannabis Control Act
Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| (2) | "Act" includes regulations | |
| (3) | Interpretation — intoxication | |
| 2 | Purposes of this Act | |
| PART 2 | ||
| LIQUOR, GAMING AND CANNABIS AUTHORITY OF MANITOBA |
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| 3 | Liquor, Gaming and Cannabis Authority of Manitoba | |
| (2) | Corporate status | |
| (3) | Powers and capacity | |
| (4) | Corporations Act does not apply | |
| 4 | Composition of the authority | |
| (2) | Term of appointment | |
| (3) | Member continues to hold office | |
| 5 | Chair and vice-chair | |
| (2) | Duties of vice-chair | |
| 6 | Remuneration of members | |
| RESPONSIBILITIES | ||
| 7 | Authority to act in public interest | |
| 8 | 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 | Executive director | |
| (2) | Responsibilities of the executive director | |
| (3) | Delegation | |
| (4) | Subdelegation | |
| EMPLOYEES | ||
| 11 | Employees | |
| (2) | Civil Service Act does not apply to employees | |
| FINANCIAL AFFAIRS | ||
| 12 | Annual budget | |
| 13 | Funding | |
| (2) | MLLC to comply with directive | |
| 14 | Borrowing by authority | |
| (2) | Advance out of Consolidated Fund | |
| 15 | Banking and accounts | |
| 16 | Fees and penalties | |
| (2) | Disposition of penalty amounts | |
| 17 | Property | |
| 18 | Investment of money | |
| (2) | Investment and interest to be paid to authority | |
| 19 | Fiscal year | |
| 20 | Audit | |
| ANNUAL REPORT | ||
| 21 | Annual report | |
| (2) | Content of report | |
| 22 | Tabling report in Assembly | |
| PART 3 | ||
| LIQUOR | ||
| 23 | Definitions | |
| LIQUOR SERVICE LICENCES | ||
| 24 | Liquor service licences | |
| (2) | Age-restricted liquor service licences | |
| (3) | Licence category reserved for hotels | |
| (4) | Restrictions respecting licence category | |
| 24.1 | Liquor sales with delivery and takeout food orders | |
| (2) | Sales must comply with regulations | |
| (3) | Who may deliver beer, wine, cider and coolers | |
| 25 | Brew pub endorsement | |
| (2) | Requirements | |
| OPERATION OF LICENSED PREMISES | ||
| 26 | Liquor served in licensed premises | |
| 27 | Duties of licensee | |
| (2) | Duty of licensee re conduct in licensed premises | |
| 28 | No disorderly conduct in licensed premises | |
| 29 | Request to leave licensed premises | |
| (2) | Compliance with request | |
| (3) | Ejection | |
| 30 | 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 | No weapons in licensed premises | |
| (2) | Duty of licensee re weapons | |
| (3) | Interpretation | |
| 32 | 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 | Emergency closure order | |
| (2) | Assistance | |
| 34 | Notice of exclusive agreements | |
| 35 | Retail liquor licences | |
| 36 | Liquor store licence | |
| (2) | Authorized sales | |
| 37 | Specialty wine store licence | |
| (2) | Authorized sales | |
| 38 | Retail beer vendor licence | |
| (2) | Authorized sales | |
| (3) | Location of retail beer vendor | |
| 39 | Liquor sold in retail liquor premises | |
| 40 | Separate licences required | |
| (2) | Temporary location | |
| 41 | No consumption in retail liquor premises | |
| (2) | Exception | |
| 42 | Treatment of retail liquor purchases | |
| (2) | Who may deliver liquor | |
| 43 | Duties of retail liquor licence holders | |
| 44 | Sacramental wine vendor licence | |
| 45 | Manufacturer's licence | |
| 46 | No consumption at licensed manufacturing premises | |
| 47 | Retail endorsement | |
| (1.1) | Liquor must be purchased from MLLC | |
| (2) | Terms and conditions | |
| (3) | Duties of holder of retail endorsement | |
| 48 | Homemade wine and beer | |
| 49 | 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 | Special sale permits | |
| (2) | Terms and conditions | |
| 51 | Definitions | |
| GENERAL PROHIBITIONS RE LIQUOR | ||
| 52 | No unauthorized manufacture of liquor | |
| 53 | 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 | 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 | Transporting liquor in motor vehicles | |
| (2) | Exceptions | |
| (3) | Liquor in taxis and other vehicles for hire | |
| 61 | Transporting liquor in boats | |
| (2) | Exceptions | |
| MINORS | ||
| 62 | No providing liquor to minors | |
| (2) | Exception | |
| 63 | No possession or consumption by minors | |
| 64 | False identification | |
| (2) | No providing identification to other persons | |
| 65 | Public service notices | |
| (2) | Duty to post notice | |
| 66 | Training at licensed premises | |
| (2) | Training at retail liquor premises | |
| 67 | Investigating and mediating complaints | |
| (2) | Information from municipality | |
| (3) | Municipality may participate in mediation | |
| 68 | Reporting to executive director | |
| 69 | 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 | 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 | [Repealed] | |
| 75 | 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 | Designating substance as liquor | |
| (2) | Regulations as to sale or use | |
| PART 4 | ||
| GAMING | ||
| 77 | Definitions | |
| (2) | Interpretation | |
| 78 | Application — MLLC | |
| (2) | Application — WCLC | |
| (3) | Application — local gaming authority | |
| LICENCES | ||
| 79 | Types of gaming licences | |
| 80 | Gaming licence required | |
| (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 |
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| 81 | 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 | Gaming operator's employees | |
| (2) | Gaming operator — individual gaming service providers | |
| (3) | Gaming operator — gaming supplies and services | |
| 84 | 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 | Gaming integrity of lottery schemes | |
| (2) | Certain lottery schemes excluded | |
| 88 | Definition: "gaming provider" | |
| 89 | 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 | 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 | Annual reporting by local gaming authorities | |
| (2) | Annual report of siteholder | |
| IMMEDIATE REPORTING | ||
| 94 | Information that is material | |
| (2) | Information that must be reported immediately | |
| RESPONSIBLE GAMING POLICY | ||
| 95 | Responsible gaming policy | |
| (2) | Content of policy | |
| (3) | Ensuring responsible participation | |
| (4) | Regulations | |
| RESOLVING GAMING DISPUTES | ||
| (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 | Minors prohibited from provincial gaming | |
| (2) | Minors not permitted to participate in provincial gaming | |
| 99 | Requirement to check identification | |
| 100 | Request that minor leave premises | |
| (2) | Ejection | |
| 101 | Prohibition — unauthorized lottery schemes | |
| PART 4.1 | ||
| CANNABIS | ||
| 101.1 | Definitions | |
| (2) | Interpretation — consuming cannabis | |
| 101.1.1 | Determining equivalent amounts of cannabis | |
| 101.2 | No application to cannabis for medical purposes | |
| (2) | No application to authorized activities under federal Act | |
| (3) | Cannabis for research purposes permitted | |
| 101.3 | Cannabis store agreement | |
| (2) | Cannabis store agreement with MLLC | |
| (3) | Agreement must include a social responsibility fee | |
| (4) | Amount of fee | |
| 101.4 | Retail cannabis licence | |
| (2) | Authorized sales | |
| (3) | Categories of retail cannabis licence | |
| 101.4.1 | Who may deliver cannabis | |
| 101.5 | Separate licences required | |
| (2) | Temporary location | |
| 101.6 | 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 | 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 | |
| 101.11 | Cannabis distributor licence | |
| (2) | Authorized activities | |
| 101.12 | Purchase requirement | |
| 101.13 | 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 | |
| 101.15.1 | Possession limits in public places | |
| 101.15.2 | Packaging and labelling requirement | |
| (2) | Interpretation: federal requirements | |
| 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 | |
| 101.18.1 | No cannabis consumption in public places | |
| 101.19 | False identification | |
| (2) | No providing identification to young persons | |
| 101.20 | Public service notices | |
| (2) | Duty to post notice | |
| 101.21 | Training | |
| 101.22 | Investigating and mediating complaints | |
| (2) | Information from municipality | |
| (3) | Municipality may participate in mediation | |
| 101.23 | Reporting to executive director | |
| 101.24 | Importing cannabis | |
| 101.25 | No accepting gifts | |
| 101.26 | Transporting cannabis in boats | |
| (2) | Definition: "boat" | |
| 101.27 | Exemptions | |
| (2) | Requirement to prove exemption | |
| PART 5 | ||
| LICENSING AND APPROVALS | ||
| INTERPRETATION | ||
| 102 | Definition: "applicant" | |
| (2) | Determining principals of an applicant | |
| LICENCE APPLICATION PROCESS | ||
| 103 | Application for licence | |
| (2) | Required information | |
| (3) | Rejection due to incomplete or inaccurate application | |
| 104 | Background investigations | |
| (2) | Scope of background checks | |
| (3) | Inspecting premises | |
| (4) | Costs of background investigations | |
| 105 | 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 | 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 | 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 | Licence fees | |
| (2) | Exception | |
| 109 | Term | |
| (2) | Validity of cannabis store licence | |
| (3) | Validity of cannabis distributor licence | |
| 110 | Licence not transferrable or assignable | |
| (2) | Licence invalid if change in control | |
| 111 | Renewal | |
| (2) | Application | |
| OBJECTIONS TO APPLICATIONS FOR LIQUOR SERVICE AND RETAIL BEER VENDOR LICENCES |
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| 112 | 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 |
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| 113 | Definition: "approval" | |
| 114 | Application re gaming integrity | |
| (2) | Who may apply | |
| (3) | Required information | |
| (4) | Investigation | |
| (5) | Scope of investigation | |
| (6) | Costs of investigation | |
| 115 | Refusal to approve integrity | |
| (2) | Notice of refusal | |
| 116 | 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 | ||
| 118 | Definitions | |
| INSPECTORS | ||
| 119 | Inspectors | |
| 120 | Inspectors with restricted enforcement powers | |
| (2) | Appointment requirements | |
| (3) | Authorization | |
| 121 | Identification | |
| 122.1 | Compliance actions by minors and young persons | |
| (2) | Exception to prohibitions re minors and young persons | |
| (3) | Consumption prohibited | |
| INSPECTIONS | ||
| 123 | Inspections | |
| (2) | Assistance | |
| (3) | Warrant to enter a dwelling | |
| (4) | Warrant to conduct inspection | |
| (5) | Application without notice | |
| 124 | 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 | 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 | |
| 128 | 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 | Compliance order with immediate effect | |
| (2) | Application | |
| 130 | Varying orders | |
| (2) | When compliance order final | |
| 131 | Administrative penalty | |
| 132 | Service of orders | |
| 133 | No offence to be charged if penalty paid | |
| 134 | Enforcement of penalty | |
| (2) | Debt due to the authority | |
| (3) | Certificate registered in court | |
| PART 7 | ||
| APPEALS | ||
| 135 | 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 | Hearing within 60 days | |
| (2) | No hearing in certain cases | |
| 137 | Panel to hear appeal | |
| (2) | Chair on panel | |
| (3) | Jurisdiction of panel | |
| 138 | Conduct of hearing | |
| (2) | Evidence | |
| 139 | Decision | |
| (2) | Reasons | |
| (3) | Decision given to the parties | |
| (4) | Decision final | |
| 140 | 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 | Certificate of analyst admissible | |
| (2) | Notice of certificate or report | |
| 145 | Evidence: providing liquor | |
| 145.1 | Evidence: providing cannabis | |
| 146 | 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 | Penalties | |
| (2) | Liability of directors and officers | |
| 150 | Forfeiture of seized items | |
| 151 | When fine paid to municipality | |
| PART 9 | ||
| MISCELLANEOUS PROVISIONS | ||
| 151.1 | Liquor and cannabis delivery licence | |
| (2) | Requirements for persons making deliveries | |
| 151.2 | No unauthorized delivery of liquor or cannabis | |
| 152 | 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 | 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 |
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| 159 | Plebiscite on liquor sales | |
| (2) | Plebiscite on multiple questions | |
| 160 | Plebiscite on video lottery gaming | |
| 160.1 | Plebiscite on cannabis sales | |
| 161 | Initiating plebiscite by resolution | |
| (2) | Wording to be approved by authority | |
| (3) | Time to make resolution | |
| 162 | Initiating plebiscite by petition | |
| (2) | Petition wording | |
| (3) | Information about petitioners | |
| (4) | Witness to signature | |
| (6) | Reasons for exclusion | |
| (7) | Time for filing of petition | |
| 163 | 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 | 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 | When plebiscite question is approved | |
| (2) | Notice of result | |
| 167 | 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 | 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" | |
| 171 | [Repealed] | |
| 172 | [Repealed] | |
| 172.1 | [Repealed] | |
| 173 | [Repealed] | |
| 173.1 | [Repealed] | |
| PART 11 | ||
| TRANSITIONAL PROVISIONS AND | ||
| TRANSITIONAL PROVISIONS | ||
| 174 | Definitions | |
| 175 | Liquor service licences | |
| (2) | Terms and conditions | |
| (3) | Issuing liquor service licence | |
| (4) | Term of licences | |
| (5) | When new application required | |
| 176 | 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 | 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 | |
| 182 | Registrations of VLTs and gaming devices | |
| (2) | Meaning of "gaming device" | |
| 183 | Licences issued under Gaming Control Act | |
| 184 | Technical integrity | |
| 185 | Transition — siteholder becomes a gaming centre provider | |
| 186 | Transition — terms and conditions continue | |
| 187 | Transition — "licensing authority" | |
| 188 | Transition — employees of Liquor Control Commission | |
| (2) | Information | |
| 189 | Employees | |
| 190 | Act applies to pending applications and proceedings | |
| (2) | Applications for licences | |
| (3) | Appeals from Licensing Board | |
| 191 | Transitional regulations | |
| (2) | Scope of transitional regulations | |
| CONSEQUENTIAL AMENDMENTS | ||
| 192 to 204 | [amendments to other Acts] | |
| PART 12 | ||
| REPEALS, CITATION AND COMING INTO FORCE |
||
| 205 | Repeals | |
| 206 | C.C.S.M. reference | |
| 207 | Coming into force | |