If you need an official copy, use the bilingual (PDF) version. This version was current from April 1, 2014 to June 1, 2017.
Note: It does not reflect any retroactive amendment enacted after June 1, 2017.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.
C.C.S.M. c. L155
The Manitoba Liquor and Lotteries Corporation Act
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
DEFINITIONS
The following definitions apply in this Act.
"board" means the board of directors of the corporation and "board member" means a member of the board. (« conseil »)
"corporation" means the Manitoba Liquor and Lotteries Corporation. (« Société »)
"liquor" means liquor as defined in The Liquor and Gaming Control Act. (« boisson alcoolisée »)
"Liquor and Gaming Authority" means the Liquor and Gaming Authority of Manitoba continued under The Liquor and Gaming Control Act. (« Régie »)
"lottery scheme" has the same meaning as in subsection 207(4) of the Criminal Code (Canada). (« loterie »)
"minister" means the minister responsible for the administration of this Act. (« ministre »)
"retail beer vendor" means a holder of a retail beer vendor licence under The Liquor and Gaming Control Act. (« vendeur de bière au détail »)
"video lottery terminal" means a video lottery terminal as defined in the regulations. (« appareil de loterie vidéo »)
"wholly-owned subsidiary" means a corporation all the shares of which are owned by the corporation, directly or indirectly. (« filiale en propriété exclusive »)
MANITOBA LIQUOR AND LOTTERIES CORPORATION
Manitoba Liquor and Lotteries Corporation
The Manitoba Lotteries Corporation and The Liquor Control Commission are amalgamated and continued as the "Manitoba Liquor and Lotteries Corporation".
The purposes of the corporation are
(a) to sell liquor;
(b) to buy liquor, and bring liquor into Manitoba, for sale in Manitoba;
(c) to conduct and manage lottery schemes;
(d) to carry out functions relating to lottery schemes and liquor conferred on it under this Act; and
(e) to conduct or fund initiatives that promote responsible gaming and responsible liquor consumption.
The corporation is an agent of the Crown.
Subject to this Act, the corporation has the capacity, rights, powers and privileges of a natural person for carrying out its purposes under this Act.
The corporation may, with the approval of the Lieutenant Governor in Council, carry out any of the corporation's purposes under this Act through a wholly-owned subsidiary.
LG in C approval required to establish subsidiary
The corporation must not establish a wholly-owned subsidiary without the approval of the Lieutenant Governor in Council.
The provisions of this Act, other than the provisions specified by regulation, apply with necessary changes to a wholly-owned subsidiary.
Application of Corporations Act
The Corporations Act does not apply to the corporation, except for the following provisions which do apply:
(a) subsection 15(2) (extra-territorial capacity);
(b) subsection 16(1) (powers of a corporation);
(c) section 17 (no constructive notice);
(d) subsections 119(1) to (4) (indemnification).
Board members, officers and employees
Subsections 119(1) to (4) of The Corporations Act apply to board members, officers and employees of the corporation, and to their heirs and legal representatives.
BOARD, OFFICERS AND EMPLOYEES
The board is responsible for carrying out the corporation's responsibilities under this Act and for administering its business and affairs.
The board may do anything necessary for or incidental to carrying out or promoting the corporation's purposes.
The board is to consist of at least nine members appointed by the Lieutenant Governor in Council.
Each board member is to be appointed for a term not exceeding five years.
A board member whose term expires continues to hold office until he or she is re-appointed or a successor is appointed or the appointment is revoked.
The Lieutenant Governor in Council must designate one board member as chair and another as vice-chair.
The vice-chair must act as chair if the office of the chair is vacant or if the chair is absent or unable to act.
The corporation must pay to the chair, vice-chair and other board members the remuneration and reimbursement established by the Lieutenant Governor in Council.
Internal management and governance
The board may make by-laws and pass resolutions for the corporation's internal management and governance and for the conduct of its business and affairs, including by-laws and resolutions the board considers necessary or advisable to carry out the corporation's purposes.
Appointment of chief executive officer
The Lieutenant Governor in Council may appoint an individual as president and chief executive officer of the corporation.
Civil Service Act does not apply to employees
The Civil Service Act does not apply to the employees of the corporation.
TRANSPARENCY AND ACCOUNTABILITY
The corporation's annual financial statements must be audited by the Auditor General or any other auditor appointed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council or the Auditor General may, at any time, order either or both of the following:
(a) an audit of the corporation's financial affairs;
(b) an investigation of the corporation's business and activities.
The corporation must pay the cost of an audit or investigation under section 16 or 17.
The corporation must include in the annual report required under section 19 of The Crown Corporations Public Review and Accountability Act
(a) a report on the operations of the wholly-owned subsidiaries and any other enterprise in which the corporation has an interest;
(b) a report on the grants or other contributions provided by the corporation; and
(c) any other information that the minister requires.
Public meetings and promotion of purposes
The corporation must
(a) advertise the date, time and place of the public meetings required under clause 13(1)(e) of The Crown Corporations Public Review and Accountability Act; and
(b) communicate to the public respecting the corporation's activities and purposes using multiple means.
FINANCIAL MATTERS
The fiscal year of the corporation ends on March 31 of each year.
The corporation must deposit the revenue from its operations into one or more accounts in its name at a bank or other financial institution.
The corporation must pay from its accounts
(a) operating expenses, interest and other charges incurred by the corporation;
(b) grants and other contributions made under section 27;
(c) expenses relating to social responsibility initiatives under section 48;
(d) any amounts that the corporation is required to pay to the Liquor and Gaming Authority; and
(e) all other amounts that the corporation is required to pay under this Act.
The corporation may maintain retained earnings in an amount approved by the Treasury Board.
After providing for the payment of the amounts under subsection (2) and deducting the amount, if any, required to maintain the retained earnings approved under subsection (3), the corporation must pay its net revenue in each fiscal year to the Minister of Finance, as directed by the Minister of Finance, for deposit in the Consolidated Fund.
The corporation must deposit with the Minister of Finance, for investment on its behalf, money that is not immediately required for its purposes.
Investments and proceeds of investments
At the request of the corporation, the Minister of Finance must pay to the corporation any money invested under subsection (1) and the proceeds of those investments.
The corporation may borrow money only in accordance with this section.
Borrowing with approval of LG in C
The corporation may, with the approval of the Lieutenant Governor in Council,
(a) borrow amounts not exceeding, in total, the amount it is authorized to borrow under a Loan Act;
(b) borrow amounts to refinance debt; and
(c) borrow amounts the corporation requires as working capital.
The terms of borrowing under this section are to be determined by the Minister of Finance in consultation with the corporation.
Advance out of Consolidated Fund
Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
Power to lend or provide guarantees
The corporation may lend money or provide a guarantee only in accordance with this section.
The corporation may lend money or provide a guarantee in support of a project of strategic interest relating to the corporation's purposes. But if the amount of the loan or guarantee is to exceed the amount prescribed by regulation, the corporation may provide that loan or guarantee only with the approval of the Treasury Board.
The corporation must pay a grant to each municipality in which real property owned by the corporation is situated. The grant must be the amount that would be payable as taxes under Part 10 of The Municipal Act if the property were not exempt from municipal taxation.
The corporation may make grants or other contributions for cultural, recreational or community purposes or for the promotion of responsible gaming or responsible liquor consumption.
Board to develop grants policy
The board must establish a policy governing grants and other contributions under this section.
The corporation may specify records that must be kept by
(a) the recipient of a grant or other contribution under section 27;
(b) a person authorized under section 33, 34 or 35 (liquor seller);
(c) a person authorized under section 36 (beer distributor);
(d) a person authorized under section 43 (lottery ticket retailer);
(e) a person with whom the corporation has an agreement under section 44 (video lottery terminals); or
(f) a person in whose premises the corporation conducts and manages — or conducts, manages and operates — a lottery scheme under section 45 (gaming operator and gaming centre provider).
The corporation or a person appointed by the corporation may inspect and audit the specified records. The corporation or the appointed person may remove and retain the records for a reasonable period of time.
Audits and inspections — manufacturers
The corporation or a person appointed by the corporation may inspect and audit the financial records, production records and sales records of the holder of a manufacturer's licence or a brew pub endorsement under The Liquor and Gaming Control Act.
Audits and inspections — retail beer vendors
The corporation or a person appointed by the corporation may inspect and audit a retail beer vendor's financial records and sales records.
RELATED COMMERCIAL ACTIVITIES
In addition to any other power granted or activity authorized under this Act, the corporation may, subject to the regulations,
(a) supply goods or services relating to gaming or liquor within Manitoba;
(b) supply goods or services relating to gaming or liquor outside Manitoba;
(c) participate with other persons in, or provide financing to, projects of strategic interest to the corporation relating to its purposes under this Act;
(d) establish and operate businesses or activities relating to gaming or liquor; and
(e) undertake any other activity authorized by the Lieutenant Governor in Council.
Restriction on extra-provincial activities
Despite section 29, the corporation may engage in a commercial activity that requires it to have an office or other premises, employees or other ongoing presence outside Manitoba only with the approval of the Lieutenant Governor in Council.
LIQUOR OPERATIONS
Subject to this Part and The Liquor and Gaming Control Act, the corporation has the exclusive authority to sell liquor in Manitoba and to bring liquor into Manitoba for sale in Manitoba.
The corporation may establish, maintain and operate liquor stores.
The corporation, or a person authorized to do so under subsection (2), may establish, maintain and operate a duty free liquor store
(a) at Winnipeg's international airport for the purpose of selling liquor, for consumption outside Canada, to persons who are leaving Manitoba by air; and
(b) at any crossing point on the border between Manitoba and the United States for the purpose of selling liquor, for consumption outside Canada, to persons who are leaving Manitoba.
The corporation may — by written agreement and on the terms specified by the corporation — authorize a person to establish, maintain and operate a duty free liquor store at a location described in clause (1)(a) or (b).
No requirement of uniform prices
Section 38 does not apply to liquor sold at a duty free liquor store.
The corporation may — by written agreement and on the terms specified by the corporation — authorize a person to sell liquor at a location in a rural area if it is not economically advisable for the corporation to establish, maintain and operate a liquor store in the area.
Subject to subsection (2), the corporation may, with the approval of the Lieutenant Governor in Council, enter into agreements for the establishment and operation of specialty wine stores to sell wine and, if authorized by the regulations, grape-based specialty spirits and grape-based specialty liqueurs.
LG in C may establish maximum number of specialty wine stores
The Lieutenant Governor in Council may, by regulation, establish a maximum number of specialty wine stores.
When the operator of a specialty wine store asks the corporation to supply a product that the operator is authorized to sell, the corporation must make reasonable efforts to do so on a timely basis.
The price of a product authorized to be sold in a specialty wine store
(a) if it is listed by the corporation at the time of the first solicitation in respect of the establishment of the specialty wine store, shall, as long as it continues to be listed, be the price at which that the product is listed from time to time by the corporation; and
(b) if it is not listed by the corporation at the time of the first solicitation in respect of the establishment of the specialty wine store or ceases thereafter to be listed, shall be the price determined by the operator of the specialty wine store.
The corporation may, by written agreement, authorize a person to
(a) bring beer into Manitoba for sale to the corporation;
(b) store beer in Manitoba; and
(c) deliver beer when directed to do so by the corporation.
A person authorized to sell liquor under section 33, 34 or 35 must purchase from the corporation the liquor that the person sells or offers for sale.
The corporation may establish the prices at which each class, variety, or brand of liquor may be sold. The corporation, a retail beer vendor and any person authorized to sell liquor under section 34 must charge the applicable price.
Liquor from outside Canada must be surrendered
A person, other than the corporation or a person authorized by the corporation, who brings liquor into Manitoba from outside Canada must immediately
(a) surrender the liquor to a customs officer as agent of the corporation; and
(b) provide any information required by the customs officer for the purpose of this section.
Liquor sold to casual importer
The customs officer, as agent of the corporation, shall sell and release liquor to the person who surrendered it under subsection (1) if
(a) the person is an individual;
(b) the liquor is not intended for sale or resale in Manitoba; and
(c) the individual provides the information required under clause (1)(b) and pays the markup established or determined under subsection (4).
The customs officer may retain, and release to the corporation, liquor that is not sold and released under subsection (2).
Corporation may establish markup
The corporation may establish the markup, or the means of determining the markup, for the purpose of clause (2)(c).
The corporation may enter into an agreement with the Government of Canada
(a) appointing customs officers as the corporation's agents for the purposes of subsections (1) to (3);
(b) authorizing the refund of all or any part of the markup paid by an individual;
(c) requiring the remittance to the corporation of the markup collected in accordance with the agreement; and
(d) respecting any other matter in relation to liquor brought into Manitoba from outside Canada.
In this section, "customs officer" means an officer as defined in section 2 of the Customs Act (Canada) who is employed in a customs office in Manitoba.
LOTTERY OPERATIONS
Subject to this Part, the corporation has the exclusive authority to conduct and manage lottery schemes for the government within Manitoba.
Interprovincial lottery corporation
A company that is incorporated under an agreement between the Government of Manitoba and the government of one or more other provinces or territories to conduct and manage lottery schemes in Manitoba and one or more other provinces or territories may conduct and manage lotteries in Manitoba.
Lotteries with other provinces and territories
The corporation may, with the approval of the Lieutenant Governor in Council, conduct and manage lottery schemes in Manitoba and one or more other provinces or territories in cooperation with the governments or agencies of those provinces or territories.
Agreement to incorporate company
The corporation may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the governments of one or more other provinces or territories — or agencies of those governments — to incorporate a company to conduct and manage lottery schemes
(a) in Manitoba;
(b) in one or more of the other provinces or territories; or
(c) in Manitoba and one or more of the other provinces or territories.
Designation of company as Crown agency
If a company is formed as a result of an agreement under subsection (2), the government may enter into an agreement with the other governments to designate the company as an agent of each government.
The corporation may — on its own or in conjunction with a company referred to in section 41 or 42 — enter into an agreement authorizing a person to distribute and sell tickets, or other means of participation, for a lottery scheme authorized under this Part.
Subject to the regulations, the corporation may enter into an agreement with a person for the placement of one or more video lottery terminals in the person's premises.
The corporation may enter into an agreement to conduct and manage a lottery scheme in premises owned or operated by a person that holds a gaming operator licence under The Liquor and Gaming Control Act.
The corporation may enter into an agreement to conduct, manage and operate a lottery scheme in a premises owned or operated by a person that holds a gaming centre provider licence under The Liquor and Gaming Control Act.
The corporation may conduct, manage or operate a gaming event, as defined in The Liquor and Gaming Control Act, for a person that holds a gaming event licence under that Act.
Despite any provision of The Remembrance Day Act, the corporation may conduct and manage a lottery scheme after 1:00 p.m. on Remembrance Day.
SOCIAL RESPONSIBILITY INITIATIVES
Social responsibility initiatives
The corporation must conduct or fund initiatives that promote responsible gaming and responsible liquor consumption, including research and treatment programs.
Two percent of net revenue for initiatives
For each fiscal year, the corporation must allocate an amount equal to two percent of its anticipated net revenue — determined in accordance with subsection 22(4) — for the initiatives referred to in subsection (1).
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) for the purpose of subsection 6(3), specifying the provisions of this Act that do not apply to a wholly-owned subsidiary;
(b) prescribing the amount for the purpose of subsection 25(2) (restriction on lending and guarantees);
(c) restricting the powers set out in section 29;
(d) requiring the corporation to obtain the Treasury Board's approval before acquiring, disposing of or developing real property if the value of the property or development exceeds a threshold value and prescribing the threshold value;
(e) respecting the establishment and operation of specialty wine stores, including
(i) the number and location of specialty wine stores,
(ii) the products that may be sold in a specialty wine store, and
(iii) the sale by liquor stores of products authorized to be sold in a specialty wine store;
(f) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of section 39 or an agreement under that section;
(g) defining the term "video lottery terminal" for the purpose of this Act;
(h) respecting lottery schemes conducted and managed by the corporation, including regulations
(i) governing the wagers, pay-outs and prizes relating to a lottery scheme, and
(ii) establishing qualifications, criteria, placement, standards, rules of play and other requirements for video lottery terminals;
(i) respecting the terms to be included in, or deemed to be included in, an agreement under section 43 or 44;
(j) respecting any transitional matter or difficulty that may be encountered in bringing the provisions of this Act into effect;
(k) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.
Regulations may apply generally or specifically
A regulation made under clause (1)(e) may apply generally to all specialty wine stores or to a specific specialty wine store or class of specialty wine stores.
The board may make regulations
(a) respecting the collection and return of empty liquor containers, including prescribing the price to be paid for empty containers;
(b) establishing, by origin and class, the maximum quantity of wine that an individual is permitted to bring into Manitoba from another province for personal consumption in Manitoba;
(c) establishing, by origin and class, the maximum quantity of liquor purchased outside Manitoba that a person may possess for personal consumption in Manitoba.
TRANSITIONAL PROVISIONS
On the coming into force of this section
(a) all the rights and property of The Manitoba Lotteries Corporation and of The Liquor Control Commission continue to be the rights and property of the corporation;
(b) all the debts, obligations and liabilities of The Manitoba Lotteries Corporation and of The Liquor Control Commission continue to be the debts, obligations and liabilities of the corporation;
(c) an existing cause of action or claim by or against The Manitoba Lotteries Corporation or The Liquor Control Commission is unaffected and continues as a cause of action or claim against the corporation;
(d) a civil or administrative proceeding involving The Manitoba Lotteries Corporation or The Liquor Control Commission — other than an administrative proceeding relating to a licence application or a disciplinary matter respecting licensees and permittees under The Liquor Control Act (as it read immediately before its repeal) — may be continued by or against the corporation; and
(e) a ruling, order or judgment in favour of or against The Manitoba Lotteries Corporation or The Liquor Control Commission may be enforced by or against the corporation.
References to Manitoba Lotteries Corporation or Liquor Control Commission
Any reference to The Manitoba Lotteries Corporation or The Liquor Control Commission in any regulation, by-law, contract, agreement, or other document or record is deemed to be a reference to the corporation.
The appointment of a member of the board of The Manitoba Lotteries Corporation or a member of The Liquor Control Commission in effect on the coming into force of this section is deemed to be an appointment to the board under section 10. A deemed appointment under this section is for the term remaining under the prior appointment.
An appointment of a person as the Chief Executive Officer of The Manitoba Lotteries Corporation and of The Liquor Control Commission that is in effect on the coming into force of this section is deemed to be an appointment as president and chief executive officer of the corporation under section 15.
Employees of Manitoba Lotteries Corporation
On the coming into force of this section, a person who is an employee of The Manitoba Lotteries Corporation is an employee of the corporation.
Employees of Liquor Control Commission
On the coming into force of this section, a person who is an employee of The Liquor Control Commission but not a member of Regulatory Services division is an employee of the corporation.
An authorization under subsection 17(1) of The Liquor Control Act that is in effect on the coming into force of this section is continued and deemed to be an authorization under section 34 of this Act.
An authorization under subsection 17(6) of The Liquor Control Act that is in effect on the coming into force of this section is continued and deemed to be an authorization under subsection 33(2) of this Act.
An agreement under section 17.1 of The Liquor Control Act that is in effect on the coming into force of this section is deemed to be an agreement under section 35 of this Act.
An agreement under subsection 8(4) of The Liquor Control Act — or that is deemed to have been made under section 8 of that Act — that is in effect on the coming into force of this section is deemed to have been made under section 39 of this Act.
Lotteries with other provinces
An agreement under section 4 of The Manitoba Lotteries Corporation Act that is in effect on the coming into force of this section is deemed to be an agreement under section 42 of this Act.
A contract under subsection 2(2) of the Lotteries Regulation, Manitoba Regulation 119/88 R, that is in effect on the coming into force of this section is deemed to be an agreement under section 43 of this Act.
An agreement under section 4 of the Video Lottery Regulation, Manitoba Regulation 245/91, that is in effect on the coming into force of this section is deemed to be an agreement under section 44 of this Act.
Gaming operator or gaming centre
An agreement under The Manitoba Lotteries Corporation Act to conduct and manage a lottery scheme for a gaming operator or a gaming centre provider is deemed to be an agreement under section 45 of this Act.
An agreement under section 11 of The Manitoba Lotteries Corporation Act that is in effect on the coming into force of this section is deemed to be an agreement under section 46 of this Act.
The following definitions apply in this section.
"The Liquor Control Act" means The Liquor Control Act, R.S.M. 1988, c. L160, as it read immediately before the coming into force of this Act. (« Loi sur la réglementation des alcools »)
"The Manitoba Lotteries Corporation Act" means The Manitoba Lotteries Corporation Act, R.S.M. 1987, L210, as it read immediately before the coming into force of this Act. (« Loi sur la Corporation des loteries du Manitoba »)
RELATED AND CONSEQUENTIAL AMENDMENTS
NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.
REPEALS, C.C.S.M. REFERENCE AND COMING INTO FORCE
The Liquor Control Act
The Liquor Control Act, R.S.M. 1988, c. L160, is repealed.
S.M. 1993, c. 40 (unproclaimed provisions repealed)
The following provisions of The Liquor Control and Consequential Amendments Act, S.M. 1993, c. 40, are repealed:
(a) section 4 in so far as it enacts clause 10(1)(d);
(b) section 31 in so far as it enacts subsection 96(4).
The Manitoba Lotteries Corporation Act
The Manitoba Lotteries Corporation Act, R.S.M. 1987, c. L210, is repealed.
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter L155 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2013, c. 51, Schedule A came into force by proclamation on April 1, 2014.