BILL NO. 123
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Government Bill
Liquor Control Act
(amended)
The Honourable Allan MacMaster
Minister responsible for the Liquor Control Act
First Reading: April 1, 2022
Second Reading: April 5, 2022
Third Reading: April 22, 2022 (LINK TO BILL AS PASSED)
Explanatory Notes
(a) updates a reference to Service Nova Scotia to the Department of Service Nova Scotia and Internal Services; and
(b) replaces the definition of "license".
(a) updates references to the Minister of Service Nova Scotia to the Minister of Service Nova Scotia and Internal Services; and
(b) provides the Minister with supervision and management over issuing and enforcing licenses.
(a) updates references to the title of the Minister; and
(b) makes license holders who supply, deliver, carry or convey liquor subject to providing security to or complying with certain provisions of the Nova Scotia Liquor Corporation or the Minister.
Clause 4 updates references to the title of the Minister.
Clause 5 allows license holders to perform or participate in activities authorized by classes of licenses that are prescribed by the regulations.
(a) removes a reference to outdated licenses;
(b) allows classes of licenses in addition to those already in the Act to be prescribed by the regulations;
(c) clarifies that current rules in the Act dictating to whom a license may be granted are subject to the regulations;
(d) updates a reference to the title of the Minister;
(e) allows the Minister to prescribe ratios of food and liquor for consumption on or off of licensed premises; and
(f) repeals a provision respecting lounge licenses for airlines that no longer reflects current practices.
(a) removes references to outdated licenses; and
(b) updates references to the title of the Minister.
(a) removes references to outdated licenses;
(b) allows classes of licenses in addition to those already in the Act to be prescribed by the regulations;
(c) provides various regulation-making authority respecting the delivery, carriage, conveyance, possession, storage or removal of liquor;
(d) broadens regulation-making authority respecting character assessments of licensees
(e) provides regulation-making authority respecting the ability to request information from persons who participate in an activity that requires a license;
(f) updates references to the title of the Minister;
(g) broadens regulation-making authority respecting the importation of liquor;
(h) broadens regulation-making authority respecting administrative penalties; and
(i) provides regulation-making authority respecting the return of liquor.
Clause 9 allows authorized license holders to lawfully carry or convey liquor.
Clause 10 adds imprisonment as a possible penalty for illegally selling liquor.
Clause 11 adds a new general offence and penalty Section to the Act capturing
(a) general contravention of the Act or the regulations;
(b) failure to comply with imposed requirements or limitations;
(c) failure to comply with license terms, conditions or restrictions; and
(d) the furnishing of false information.
(a) prohibits alcohol delivery to minors; and
(b) removes references to outdated licenses and premises.
(a) prohibits unlawfully selling, carrying, conveying, delivering or supplying liquor; and
(b) provides penalties for unlawfully selling, carrying, conveying, delivering or supplying liquor.
(a) prohibits purchasing, acquiring or receiving or attempting to purchase, acquire or receive liquor from an unauthorized person; and
(b) provides penalties for purchasing, acquiring or receiving or attempting to purchase, acquire or receive liquor from an unauthorized person.
Clause 15 provides a two-year limitation period for prosecutions under the Act.
Clause 16 provides that this Act comes into force on proclamation.
An Act to Amend Chapter 260
of the Revised Statutes, 1989,
the Liquor Control Act
Be it enacted by the Governor and Assembly as follows:
1 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001, Chapter 30 of the Acts of 2002, Chapter 21 of the Acts of 2011, Chapter 8 of the Acts of 2012 and Chapter 18 of the Acts of 2014, is further amended by
(a) striking out "Service Nova Scotia" in the first and second lines of clause (da) and substituting "the Department of Service Nova Scotia and Internal Services"; and
(b) striking out clause (j) and substituting the following clause:
- (j) "license" means a license granted pursuant to this Act to
2 (1) Subsection 14(1) of Chapter 260, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 21 of the Acts of 2011, Chapter 18 of the Acts of 2014 and Chapter 43 of the Acts of 2015, is further amended by
(a) adding "and Internal Services" immediately after "Scotia" in the second line;
(b) striking out "and" at the end of subclause (a)(i);
(c) striking out the semicolon at the end of subclause (a)(ii) and substituting ", and";
(d) adding immediately after subclause (a)(ii) the following subclause:
- (iii) the issuance and enforcement of all licenses granted under this Act and the regulations.
(e) adding "and Internal Services" immediately after "Scotia" in the third line of clause (d).
(2) Subsection 14(2) of Chapter 260, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 21 of the Acts of 2011 and Chapter 18 of the Acts of 2014, is further amended by adding "and Internal Services" immediately after "Scotia" in the first and in the fourth lines.
3 Section 40 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001, Chapter 21 of the Acts of 2011 and Chapter 18 of the Acts of 2014, is further amended by
(a) adding "and Internal Services" immediately after "Scotia" in the second and in the fourth lines; and
(b) adding ", supply, delivery, carriage or conveyance" immediately after "sale" in the third line.
4 (1) Subsection 46A(1) of Chapter 260, as enacted by Chapter 21 of the Acts of 2011 and amended by Chapter 18 of the Acts of 2014, is further amended by adding "and Internal Services" immediately after "Scotia" in the first line.
(2) Subsection 46A(2) of Chapter 260, as enacted by Chapter 21 of the Acts of 2011 and amended by Chapter 18 of the Acts of 2014, is further amended by adding "and Internal Services" immediately after "Scotia" in the first line.
5 Subsection 47(2) of Chapter 260, as enacted by Chapter 18 of the Acts of 2014 and amended by Chapter 43 of the Acts of 2015, is further amended by
(a) striking out "either" in the second line and substituting ", when authorized by the license,";
(b) striking out "or" at the end of clause (a);
(c) striking out the comma at the end of clause (b) and substituting "; or"; and
(d) adding immediately after clause (b) the following clause:
- (c) perform or participate in an activity authorized by a class of license prescribed by the regulations,
6 (1) Subsection 48(1) of Chapter 260, as amended by Chapter 21 of the Acts of 2011 and Chapter 18 of the Acts of 2014, is further amended by
(a) striking out "and no other" in the second line;
(c) striking out the period at the end of clause (i) and substituting a semicolon; and
(d) adding immediately after clause (i) the following clause:
- (j) other classes of license prescribed by the regulations.
(2) Subsection 48(3) of Chapter 260, as amended by Chapter 28 of the Acts of 2000 and Chapter 21 of the Acts of 2011, is further amended by striking out "A" in the first line and substituting "Subject to the regulations, a".
(3) Subsection 48(4) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 21 of the Acts of 2011 and Chapter 18 of the Acts of 2014, is further amended by
(a) adding "and Internal Services" immediately after "Scotia" in the first line; and
(b) striking out "a ratio of food and liquor consumption on the premises in respect of which the license is issued" in the second and third lines and substituting "ratios of food and liquor for consumption on the licensed premises or at any other authorized location".
(4) Subsection 48(8) of Chapter 260 is repealed.
7 (1) Subsection 49(8) of Chapter 260, as amended by Chapter 28 of the Acts of 2000 and Chapter 21 of the Acts of 2011, is further amended by striking out "tavern license," in the first line.
(2) Subsection 49(9) of Chapter 260 is repealed.
(3) Subsection 49(10) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 21 of the Acts of 2011, Chapter 18 of the Acts of 2014 and Chapter 37 of the Acts of 2018, is further amended by adding "and Internal Services" immediately after "Scotia" in the fourth line.
(4) Subsection 49(11) of Chapter 260, as amended by Chapter 28 of the Acts of 2000 and Chapter 21 of the Acts of 2011, is further amended by
(a) adding "and Internal Services" immediately after "Scotia" in the first line; and
(b) adding "and Internal Services" immediately after "Scotia" in the fifth line of clause (b).
8 Section 50 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 42 of the Acts of 2007, Chapter 21 of the Acts of 2011, Chapter 43 of the Acts of 2012, Chapter 18 of the Acts of 2014 and Chapter 43 of the Acts of 2015, is further amended by
(a) striking out clause (a) and substituting the following clause:
- (a) providing for one or more classes of club licenses, beverage room licenses, eating establishment licenses, lounge licenses, special occasion licenses, cabaret licenses, special premises licenses and ferment-on-premises licenses, and fixing the expiry dates thereof and the fees therefor;
(b) adding immediately after clause (a) the following clause:
- (aa) prescribing one or more classes of license under clause 48(1)(j), and fixing the expiry dates thereof and the fees therefor;
(c) adding ", delivery, carriage or conveyance" immediately after "sale" in the second line of clause (ca);
(d) adding immediately after clause (d) the following clause:
- (da) prescribing the standards for vehicles or equipment used in connection with the delivery, carriage or conveyance of liquor and prescribing or prohibiting methods and practices in connection with the delivery, carriage or conveyance of liquor;
(e) striking out "assessing good" in the third line of clause (ea) and substituting "order to assess the";
(f) adding "or licensees" immediately after "applicants" in the third line of clause (ea);
(g) adding immediately after clause (ea) the following clause:
- (eb) prescribing information or records, including personal identifying information, that is required to be provided to the Executive Director when requested by persons who participate in an activity that requires a license, including by employing, coordinating or otherwise facilitating persons undertaking licensed activities;
(h) adding immediately after clause (gm) the following clause:
- (gn) respecting the possession, storage, removal, delivery, carriage or conveyance of liquor by a licensee or by any person acting for a licensee;
(i) adding "and Internal Services" immediately after "Scotia" in the third line of clause (k);
(j) striking out "wine from another province of Canada" in the first and second lines of clause (lf) and substituting "alcoholic beverages";
(k) striking out "wine" in the fifth line of clause (lf) and substituting "alcoholic beverages";
(l) striking out "ferment-on-premises license" in the third line of clause (lg) and substituting "license or classes of license";
(m) striking out the period at the end of subclause (lg)(v) and substituting a semicolon;
(n) adding immediately after clause (lg) the following clause:
- (lh) respecting the unsold, undelivered or other return of liquor to a licensee by a licensee or class thereof, or by any other person, including but not limited to regulations
- (i) respecting the compensation to be received or paid to a licensee or any other person in circumstances where liquor cannot be provided or delivered to the intended recipient,
(ii) respecting the charging or refunding of money to a purchaser in relation to the return of liquor,
(iii) requiring a contract or agreement respecting the return of liquor and prescribing the form and content of any contract or agreement,
(iv) prescribing the form and content of any notice, statement or document required to be provided to any person respecting the return of liquor, and
(v) respecting the disposition of any liquor returned to a licensee;
(o) adding "and Internal Services" immediately after "Scotia" in the last line of clause (m).
9 (1) Subsection 54(2) of Chapter 260, as amended by Chapter 4 of the Acts of 2001, is further amended by
(a) adding ", license holder" immediately after "carrier" in the first line; and
(b) striking out "or the regulations" in the second and in the twelfth lines and substituting in each case ", the regulations or a license".
(2) Subsection 54(3) of Chapter 260 is amended by adding ", license holder" immediately after "carrier" in the first line.
10 Subsection 78(3B) of Chapter 260, as enacted by Chapter 3 of the Acts of 2018, is amended by adding ", to imprisonment for not more than six months, or to both" immediately after "dollars" in the third line.
11 Chapter 260 is further amended by adding immediately after Section 78 the following Section:
- 78A (1) No person shall
(a) contravene this Act or the regulations;
(b) fail to comply with a requirement or limitation imposed by the Executive Director under subsection 47(1);
(c) fail to comply with a term, condition or restriction to which the person's license is subject; or
(d) knowingly furnish false information in any application, statement, report, information or other document required to be provided or submitted under this Act or the regulations.
(2) Every person who violates clause (1)(a) is guilty of an offence and, where no other penalty is provided in this Act, is liable upon summary conviction to a fine of not more than ten thousand dollars, to imprisonment for not more than six months, or to both.
(3) Every person who violates clause 1(b), (c) or (d) is guilty of an offence and liable upon summary conviction to a fine of not more than ten thousand dollars, to imprisonment for not more than six months, or to both.
12 (1) Subsection 89(1) of Chapter 260 is amended by adding ", delivered" immediately after "supplied" in the first line.
(2) Subsection 89(2) of Chapter 260, as amended by Chapter 3 of the Acts of 2018, is further amended by adding ", delivers" immediately after "sells" in the first line.
(3) Subsection 89(3) of Chapter 260 is repealed and the following subsection substituted:
- (3) Except as authorized by the regulations, no person who is under the age of nineteen years shall enter or be in a beverage room, lounge, cabaret or other licensed premises in respect of which a beverage room license, lounge license, cabaret license or other license is in effect.
(4) Subsection 89(4) of Chapter 260 is repealed and the following subsection substituted:
- (4) Except as authorized by the regulations, the holder of a beverage room license, lounge license, cabaret license or other license shall not permit a person who is under the age of nineteen years to be or remain in the beverage room, lounge, cabaret or other licensed premises.
13 Section 99 of Chapter 260 is repealed and the following Section substituted:
- 99 Every person who unlawfully sells, carries, conveys, delivers or supplies liquor to a person, other than a person who is under the age of nineteen years, is guilty of an offence and liable upon summary conviction to a fine of not less than three thousand dollars and not more than ten thousand dollars, to imprisonment for not more than six months, or to both.
14 Section 101 of Chapter 260 is repealed and the following Section substituted:
- 101 Every person who purchases, acquires, receives or attempts to purchase, acquire or receive liquor from a person who is not authorized by enactment to sell, supply or deliver liquor is guilty of an offence and liable upon summary conviction to a fine of not less than five hundred dollars and not more than ten thousand dollars.
15 Chapter 260 is further amended by adding immediately after Section 103 the following Section:
- 104 The limitation period for the prosecution of an offence under this Act is two years from the date of the commission of the alleged offence.
16 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 26, 2022. Send comments to legc.office@novascotia.ca.
