Inspections, Search
and Seizure
98 Inspectors
99 Obstruction
of inspector
100 Reports
101 Liquor
samples
102 Responsibility
of directors and officers
103 Inspection
of premises and facilities
104 Duty
to assist inspector
105 Inspectors
assigned to manufacturers’ licensed premises
106 Seizure
of liquor and gaming supplies
107 Warrantless
search and seizure
108 Abandoned
liquor
109 Seizure
report
110 Disposition
of liquor on conviction
111 Special
situations
112 Forfeiture
of seized conveyance
113 Claims
by interest holders
114 Disposition
of forfeited liquor
115 Taking
intoxicated person into custody
Offences and Penalties
116 General
offence
117 General
penalty
118 Provincial
lottery schemes
119 Adulteration
of liquor and prohibited sales
120 Liability
of corporation officials, partners
121 Responsibility
of licensee
122 Responsibility
of occupant
Prosecution and
Evidence
123 Description
of offence
124 Certificate
of analysis
125 Evidence
by certificate
126 Actions
against a corporation
127 Proof
of incorporation
128 Disposition
of fines
128.1 Board decision to be final
Part 6
Regulations
129 Lieutenant
Governor in Council regulations
130 Board
regulations
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “adult”
means a person 18 years of age or older;
(b) “board”
means the board of the Commission;
(c) “Chair”
means the Chair designated under this Act;
(d) “Commission”
means the Alberta Gaming and Liquor Commission continued under this Act;
(e) “container”
means a bottle, can, box or other receptacle used for holding liquor and any
package that contains the bottle, can, box or other receptacle;
(f) “Crown”
means the Crown in right of Alberta;
(g) “facility
licence” means a licence that authorizes a person to operate a facility where
either or both of the following may be conducted:
(i) gaming activities that are authorized by a gaming licence;
(ii) provincial lotteries;
(h) “gaming
activity” means a lottery scheme referred to in section 207(1)(b), (c), (d) or
(f) of the Criminal Code (Canada);
(i) “gaming
licence” means a licence that authorizes a person to conduct a gaming activity;
(j) “gaming
supplies” means supplies, equipment and devices designed to be used in a gaming
activity, but does not include normal office supplies or things specified in
the regulations;
(j.1) “gaming
terminal” means a computer, video device or machine that is used, or could be
used, to play a lottery scheme as defined in the Criminal Code (Canada) where, on insertion of money or a token or
on payment of any consideration a person may receive or be entitled to receive
money, either directly from the computer, video device or machine or in another
manner, but does not include such a computer, video device or machine when used
only for home entertainment and where there is no ability for any person to
make money from its operation;
(k) “gaming
worker” means a person, other than a person specified in the regulations, who
is paid to assist
(i) a gaming licensee in the conduct or management of a gaming
activity, or
(ii) a facility licensee in the operation of a licensed facility;
(l) “Indian
band” means a band as defined in the Indian
Act (Canada);
(m) “Indian
reserve” means a reserve as defined in the Indian
Act (Canada);
(n) “inspector”
means an inspector referred to in section 98;
(o) “licensed
facility” means the facility described in a facility licence;
(p) “licensed
premises” means the premises described in a liquor licence;
(q) “liquor”
means any wine, beer, cider, spirits or other product that is intended for
human consumption in which the percentage of alcohol by volume exceeds an
amount prescribed by the regulations, unless the product is excluded from the
definition of liquor by board regulations under section 130;
(r) “liquor
agency” means a corporation or individual who is in the business of
representing a liquor supplier in the sale of the supplier’s liquor;
(s) “liquor
licence” means a licence that authorizes the manufacture, import, purchase,
sale, transport, giving, possession, storage, consumption or use of liquor;
(t) “liquor
supplier” means
(i) a manufacturer,
(ii) a person who operates an establishment for making liquor outside
Alberta,
(iii) a person, other than the Commission, who is a distributor of
liquor, and
(iv) any person who has a connection, as specified in the regulations,
to a manufacturer or a person described in subclause (ii) or (iii);
(u) “manufacturer”
means a person who operates or intends to operate an establishment for making
liquor in Alberta;
(v) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(w) “minor”
means a person under the age of 18 years;
(x) “provincial
lottery” means a lottery scheme referred to in section 207(1)(a) of the Criminal Code (Canada) that the
Government of Alberta is authorized to conduct and manage by itself or in
conjunction with the government of another province or territory;
(y) “public
place” includes
(i) a place or building that is open to the public, and
(ii) a vehicle in a public place;
(z) “residence”
means a place used by a person as a permanent private dwelling, including any
structure or land adjacent to the private dwelling that is used for the
convenience or enjoyment of the occupants of the dwelling;
(aa) “sale”
and “sell” include
(i) the barter of liquor, and
(ii) the storage, display, advertising and offering of liquor for the
purpose of sale;
(bb) “shareholder”
does not include a shareholder of a corporation
(i) any of whose issued shares, or securities that may or might be
exchanged for or converted into shares, were part of a distribution to the
public, and
(ii) that has more than 15 shareholders;
(cc) “special
event licence” means a liquor licence that authorizes activities in relation to
an event of a limited duration;
(dd) “spirits”
means any product that contains alcohol obtained by distillation;
(ee) “stadium
bylaws” means bylaws passed by a municipality that are referred to in section
129(1)(s);
(ff) “temporary
residence” means
(i) a place that is used by a traveller in respect of which the
traveller pays a fee,
(ii) a vacation or recreational dwelling,
(iii) a tent that is set up in an area where overnight camping is not
prohibited,
(iv) a motor home or other vehicle that is parked in an area that is
not a highway or road and where overnight camping is not prohibited, and
(v) a watercraft that has built‑in living accommodation and is
moored in an area where moorage is not prohibited
that is being used as a
temporary private dwelling, including any structure or land adjacent to the
dwelling that is used for the convenience or enjoyment of the occupants of the
dwelling;
(gg) “vehicle”
means a device in, on or by which a person or thing may be transported or drawn
on a highway or on water.
(hh) repealed
2002 c15 s2.
(2) A
reference to “this Act” includes the regulations made under this Act.
(3) A reference to a conviction that “becomes
final” means that the conviction has become final through the appeal process or
the expiration of appeal periods.
RSA 2000 cG‑1
s1;2002 c15 s2
Part 1
Alberta Gaming and
Liquor Commission
Status, Powers and Duties
Board continued as
Commission
2 The Alberta Liquor Control
Board is continued as a corporation called the “Alberta Gaming and Liquor
Commission”.
1996 cG‑0.5 s2
Commission’s objects
3 The objects of the Commission are
(a) to
administer this Act;
(b) to
conduct and manage provincial lotteries for the Government of Alberta;
(c) to
carry out the functions respecting gaming delegated to it by the Lieutenant
Governor in Council under the Criminal
Code (Canada) or conferred on it by this Act;
(d) to
control in accordance with this Act the manufacture, import, sale, purchase,
possession, storage, transportation, use and consumption of liquor;
(e) to generate revenue for the Government of
Alberta.
1996 cG‑0.5 s3
Crown agent
4(1) The Commission is an agent of the Crown and may
exercise its powers and perform its duties only as an agent of the Crown.
(2) An
action, suit or other legal proceeding in respect of any right or obligation
acquired or incurred by the Commission, whether in its name or in the name of
the Crown, may be brought or taken by or against the Commission in the name of
the Commission in any court that would have jurisdiction if the Commission were
not an agent of the Crown.
(3) All real and personal property of the
Commission and all money received by the Commission is the property of the
Crown.
1996 cG‑0.5 s4
Natural person powers
5 The Commission has the
capacity, rights, powers and privileges of a natural person, except to the
extent that they are limited by this or any other enactment.
1996 cG‑0.5 s5
Other powers and duties
6(1) The Commission may exercise any power given to
it under any enactment.
(2) The Commission must perform any duty imposed on
it under any enactment.
1996 cG‑0.5 s6
Policies
7(1) The Minister may make policies that must be
followed by the Commission, the board or both in carrying out their powers and
duties under this Act.
(2) The Regulations
Act does not apply to policies made under subsection (1).
1999 c24 s2
Land and buildings
8 The Commission may acquire or
dispose of land or buildings only with the approval of the Lieutenant Governor
in Council.
1996 cG‑0.5 s7
Board
Board
9(1) The board of the Commission consists of not
more than 7 members appointed by the Lieutenant Governor in Council for a term
specified in their appointment.
(1.1) The
Lieutenant Governor in Council may appoint any of the following as members of
the board:
(a) the
person holding the position of Deputy Minister of the Department of Gaming;
(b) the
person holding the position of chief executive officer of the Commission;
(c) if
one person holds both the positions referred to in clauses (a) and (b), that
person.
(2) The
Lieutenant Governor in Council must designate a member as Chair of the board.
(3) A
quorum of the board is 3 members.
(4) The Lieutenant Governor in Council must fix the
amount of the members’ remuneration and the travelling, living and other
expenses that the members are entitled to receive.
RSA 2000 cG‑1
s9;2002 c15 s3
Acting Chair
10(1) The Minister may designate a member of the
board to be acting Chair when the Chair is unable to act or if the office of
the Chair is vacant.
(2) The
Chair may designate a member of the board to be acting Chair when the Chair is
absent.
(3) An acting Chair has all of the functions,
powers and duties of the Chair, unless the designation provides otherwise.
1996 cG‑0.5
s10;1999 c24 s4
Panels
11(1) The Chair may designate any 2 or more members
of the board, which may include the Chair, to sit as a panel of the board and
may direct that panel
(a) to
make any decision that the board may make with respect to licences or
registration, or
(b) to
conduct any hearing or inquiry that the board may conduct.
(2) A
quorum of a panel is 2 members.
(3) A
decision or action made or taken by a panel is a decision or action of the
board.
(4) A
panel of the board may exercise and perform all the powers and duties of the
board under this Act or any other enactment with respect to the matter it is
directed to deal with.
(5) For
the purposes referred to in subsection (4), any reference in this Act or any
other enactment to the board is a reference to a panel of the board.
(6) If
the Chair is not a member of a panel, the Chair must designate one of the
members of the panel to preside over the panel.
(7) When
a proceeding is conducted by a panel and one or more members of the panel for
any reason do not attend on any day or part of a day, the remaining members
present may, if they constitute a quorum, exercise and perform all the powers
and duties of the panel with respect to that proceeding.
(8) Two or more panels may sit simultaneously or at
different times.
1996 cG‑0.5 s11
Responsibilities of
board
12(1) The
board is responsible for
(a) ensuring
that the powers and duties of the Commission are appropriately carried out;
(b) establishing
the policies of the Commission;
(c) conducting
hearings and making decisions respecting licences and registrations;
(d) any functions assigned to it under any
enactment.
(2) The
board has the powers, privileges and immunities of a commissioner under the Public Inquiries Act when conducting a
hearing.
RSA 2000 cG‑1
s12;2002 c15 s4
Inquiry
13(1) The board may hold an inquiry into any matter
that pertains to this Act.
(2) The board has the powers, privileges and
immunities of a commissioner under the Public
Inquiries Act when holding an inquiry.
1996 cG‑0.5 s13
Exercise of certain
powers and duties
14 The board must not exercise a
power or perform a duty that is by any enactment specifically assigned to the
Commission or the chief executive officer.
1996 cG‑0.5 s14
Rules and procedures
15 The board must establish rules
and procedures for the conduct of its meetings and hearings and for making
decisions and orders.
1996 cG‑0.5 s15
Signing requirements
16(1) A licence, registration, order or authorization
of the board may be signed by the Chair or any person authorized by the Chair.
(2) The board may authorize the signature on a
licence or registration to be reproduced by mechanical means.
1996 cG‑0.5 s16
Delegation by board
17(1) The board may in writing delegate any of its
functions, powers or duties to the chief executive officer.
(1.1) Where the board has delegated a
function, power or duty to the chief executive officer, the board has no
authority to give directions or instructions relating to that function, power
or duty to any person other than the chief executive officer.
(2) The
board must not delegate
(a) the
power or duty to conduct a hearing or inquiry that it is required or authorized
to conduct under any enactment,
(b) the
power to impose fines under section 91(2), or
(c) the
power to cancel a licence.
(3) The board’s delegation may include the power of
subdelegation.
RSA 2000 cG‑1
s17;2002 c15 s5
Chief Executive Officer
Responsibilities of
c.e.o.
18(1) The Lieutenant Governor in Council may appoint
a chief executive officer of the Commission for a term specified in the
appointment.
(1.1) The
Lieutenant Governor in Council may appoint as the chief executive officer of
the Commission
(a) the
person holding the position of Deputy Minister of the Department of Gaming,
(b) the
person holding the position of Chair of the board, or
(c) if
one person holds both the positions referred to in clauses (a) and (b), that
person.
(2) The
chief executive officer is responsible for
(a) the
administration of the Commission;
(b) ensuring
that the policies of the board are implemented;
(c) advising
and informing the board on the operation and affairs of the Commission;
(d) exercising the powers and performing the
duties assigned to the Commission or to the chief executive officer by any
enactment or by the board.
RSA 2000 cG‑1
s18;2002 c15 s6
Acting c.e.o.
19(1) The Minister may designate an employee of the
Commission to be acting chief executive officer when the chief executive
officer is unable to act or if the office of the chief executive officer is
vacant.
(2) The
chief executive officer may designate an employee of the Commission to be
acting chief executive officer when the chief executive officer is absent.
(3) An acting chief executive officer has all of
the functions, powers and duties of the chief executive officer, unless the
designation provides otherwise.
1996 cG‑0.5
s19;1999 c24 s6
Delegation by c.e.o.
20(1) The chief executive officer may in writing
delegate any of the functions, powers and duties of the chief executive officer
to an employee or agent of the Commission.
(2) The chief executive officer’s delegation may
include the power of subdelegation.
1996 cG‑0.5 s20
Exercise of Commission
powers
21 Where
(a) any
enactment requires or authorizes the Commission to do something, but does not
specify who in the Commission may do it, or
(b) the
Commission wishes to exercise its natural person capacity, rights, powers or
privileges,
the thing may be done or the capacity, rights, powers or
privileges may be exercised by the chief executive officer.
1996 cG‑0.5 s21
Finance
Accounts
22 The Commission may establish
accounts for money it receives under this Act.
1996 cG‑0.5 s22
Fees and penalties
23(1) All application fees, all fees for licences and
registrations provided by the Commission and all fines imposed by the board on
licensees and registrants are payable to the Commission and must be deposited
into the Commission’s accounts.
(2) The fees and fines referred to in subsection (1),
less amounts for refunds, are to be transferred to the General Revenue Fund as
directed by the Minister of Finance.
RSA 2000 cG‑1
s23;2002 c15 s7
24 Repealed 2002 c15 s8.
Lottery Fund
25(1) The Lottery Fund established under the Interprovincial Lottery Act, RSA 1980 cI‑8,
is continued.
(2) The
Lottery Fund is administered by the Commission.
(3) The income of the Fund accrues to and forms
part of the Fund.
(4) Money
may be paid or transferred from the Lottery Fund only in accordance with an
appropriation Act.
RSA 2000 cG‑1
s25;2002 c15 s9
Revenue from sale of
liquor and provincial lotteries
26(1) Revenue from liquor sold by or on behalf of the
Commission and revenue received by the Commission from provincial lotteries,
less any amounts paid for prizes and retailer commissions, must be deposited
into the Commission’s accounts.
(2) The
Commission may pay from the revenue deposited into its accounts under
subsection (1)
(a) federal
taxes and duties,
(b) the
amount the Commission pays for liquor,
(c) an
amount for deposits and charges relating to containers under the Beverage Container Recycling Regulation
(AR 101/97),
(d) the
amounts required to be paid under the federal‑provincial agreement
respecting gaming and betting entered into on June 3, 1985, as amended or
replaced from time to time,
(e) the
Commission’s operating expenses, including the portion of the operating
expenses of the Western Canada Lottery Corporation that is attributable to the
Province of Alberta and expenses that result from business decisions by the
Commission that require additional expenditures, and
(f) any
amounts determined by the Commission to be paid as commissions to gaming
licensees at whose gaming activities the Commission conducts and manages
provincial lotteries pursuant to section 43.
(3) After
payment of the amounts referred to in subsection (2), the remaining revenue
deposited into the Commission’s accounts under subsection (1) must be
transferred
(a) to
the General Revenue Fund as directed by the Minister of Finance if the revenue
arose from the sale of liquor, or
(b) to
the Lottery Fund if the revenue arose from the conduct and management of
provincial lotteries.
(4) For
the purpose of determining the amounts to be transferred pursuant to subsection
(3), the Commission must allocate its operating expenses on a reasonable basis
(a) against
revenue from the sale of liquor, or
(b) against
revenue from the conduct and management of provincial lotteries.
RSA 2000 cG‑1
s26;2002 c15 s10
27 Repealed 2002 c15 s11.
Grant instead of taxes
28 The Commission may each year pay to a
municipality in which any of its real property is located a grant not exceeding
the amount that would be recoverable by the municipality if
(a) the
property were subject to the property and local improvement taxes of the
municipality for that year, or
(b) the property were subject to the business
tax or business licence of the municipality for that year as a result of the
Commission’s operations on that property.
1996 cG‑0.5 s28
Fiscal year
29 The fiscal year of the
Commission is April 1 to the following March 31.
1996 cG‑0.5 s29
General
Annual report
30(1) The Commission must, as soon as practicable
after the end of each fiscal year, provide the Minister with a report that
summarizes its operations during the last fiscal year and that contains
(a) the
audited financial statements of the Commission,
(b) general
information and remarks with regard to the administration and enforcement of
this Act during the year, and
(c) any
other information that the Commission considers relevant or the Minister
requests.
(2) The Minister must lay a copy of the report
before the Legislative Assembly if it is sitting, and if it is not sitting,
within 15 days after the commencement of the next sitting.
1996 cG‑0.5 s30
Information to Minister
31 The Commission must, on the
request of the Minister, report to the Minister on its activities and any
matter related to this Act.
1996 cG‑0.5 s31
Liability exemption
32 No action lies against the
Commission, the board or its members, the chief executive officer, employees of
the Commission or inspectors for anything done or not done, in good faith, in
relation to the exercise of their powers or to the performance of their duties
under this Act.
1996 cG‑0.5 s32
Testimony and production
of documents
33(1) Unless the board directs otherwise, no member
of the board or employee of the Commission may be compelled
(a) to
give testimony for the purposes of a civil action with regard to information
obtained in the course of the member’s or employee’s duties, or
(b) to
produce any document or information for the purposes of a civil action.
(2) Subsection (1) does not apply when the member
of the board, the Commission or the employee is a party to the civil action.
1996 cG‑0.5 s33
Freedom of Information
and Protection of Privacy Act
34(1) In this section, “liquor information” means
information obtained by the Commission before, on or after the coming into
force of this section relating to the Commission’s acquisition or sale of
liquor.
(2) For the purposes of section 16(1)(b) of the Freedom of Information and Protection of
Privacy Act, liquor information in the custody or under the control of the
Commission is deemed to have been supplied to the Commission in confidence.
1996 cG‑0.5 s34
Part 2
Gaming and Provincial Lotteries
Gaming
Delegation from
Lieutenant Governor in Council
35 The Commission’s and the
board’s authority to issue gaming licences and to impose conditions on those
licences is subject to the Lieutenant Governor in Council’s authorizing the
Commission and the board to do so.
1996 cG‑0.5 s35
Requirement for licence
36(1) No person may conduct or manage a gaming
activity unless
(a) the
person holds a gaming licence that authorizes the activity, and
(b) the
gaming activity takes place in a licensed facility if the board designates in
its policies or the gaming licence that the gaming activity may only be
conducted in a licensed facility.
(2) If the board has designated in its policies or
in a gaming licence that a gaming activity may only be conducted in a licensed
facility, no person may operate a facility in which the gaming activity takes
place unless the person holds a facility licence for that facility.
1996 cG‑0.5 s36
Issuing licences
37(1) The board may, with or without a hearing, issue
a gaming licence or a facility licence if
(a) the
board considers it appropriate to do so,
(b) the
applicant is eligible to receive the licence,
(c) the
requirements of this Act for issuing the licence have been met, and
(d) issuing
the licence will not cause the maximum number of licences established by the
board to be exceeded.
(2) A facility licence may only be issued in
respect of one facility.
1996 cG‑0.5 s37
Minors in licensed
facility
37.1(1) No minor may enter or be in and no facility
licensee may permit a minor to enter or be in the following licensed
facilities:
(a) a
casino;
(b) a
racing entertainment centre.
(2) With
respect to a licensed facility other than a casino or a racing entertainment centre,
no minor may enter or be in the facility and no facility licensee may permit a
minor to enter or be in the facility if the facility licence prohibits minors
from entering or being in the facility.
(3) If
a person who appears to be a minor enters a casino, a racing entertainment
centre or another licensed facility whose facility licence prohibits minors
from entering or being in the facility, the facility licensee must demand that
the person who appears to be a minor produce proof of age.
(4) If
a person makes a request for identification under subsection (3) and the person
who appears to be a minor fails to produce identification that is satisfactory
to the person making the request, the facility licensee must refuse the person
entry or ask the person to leave.
2002 c15 s12
Duty to intoxicated
person
37.2 No facility licensee may permit a person
apparently intoxicated by liquor or a drug to take part in a gaming activity or
provincial lottery that is conducted in the licensed facility.
2002 c15 s12
Conditions
38(1) The board’s policies respecting the activities
authorized by a gaming or facility licence are conditions of the licence,
including policies made after the licence is issued.
(2) The
Commission must provide a licensee with a copy of the board policies that are
conditions of the licence and any amendments to those policies.
(3) When
issuing a gaming or facility licence, the board may, with or without a hearing,
impose conditions on a licence that are in addition to the conditions referred
to in subsection (1).
(4) When the board imposes a condition under
subsection (3) without a hearing, the board must give the licensee information
about an application for a hearing.
1996 cG‑0.5 s38
Registration - gaming
workers
39(1) No person may be a gaming worker unless the
person is registered as a gaming worker.
(2) No
person may provide gaming workers to a gaming licensee unless the person is
registered to provide gaming workers or is a facility licensee.
(3) No gaming licensee or facility licensee may use
a gaming worker to assist in the conduct or management of a gaming activity or
provincial lottery unless the worker is registered as a gaming worker.
RSA 2000 cG‑1
s39;2002 c15 s13
Registration - gaming
supplies
40(1) No person may make, sell, advertise or
distribute gaming supplies unless
(a) the
person is registered to deal in gaming supplies,
(b) the
person is a facility licensee, or
(c) the
person is a gaming licensee and the manufacture, sales, advertisement or
distribution is authorized by the Commission.
(2) No
person may possess gaming supplies unless the gaming supplies are approved by
the board and
(a) the
person is registered to deal in gaming supplies,
(b) the
person is a licensee under a gaming or facility licence,
(c) the
person is an employee or agent of a person described in clause (a) or (b), or
(d) the person is using the supplies to play a
gaming activity that is authorized by a gaming licence.
1996 cG‑0.5 s40
Inducing breach of
contract
41(1) In this section, “gaming contract” means a
contract in which one party agrees to provide gaming supplies, gaming workers
or a licensed facility to a gaming licensee.
(2) No
person
(a) who
sells gaming supplies,
(b) who
is a facility licensee or an employee or agent of a facility licensee, or
(c) who
is a gaming worker
may induce a gaming licensee who is a party to a gaming
contract to break the contract for the purpose of the person or the person’s
employer or principal entering into a gaming contract with the gaming licensee.
1996 cG‑0.5 s41
Registration
42(1) The board is responsible for registrations
under this Part.
(2) Registrations are governed by the regulations.
1996 cG‑0.5 s42
Provincial Lotteries
Commission’s authority
43 The Commission may conduct and
manage provincial lotteries on behalf of the Government of Alberta either alone
or in conjunction with the government of another province or territory.
1996 cG‑0.5 s43
Agreements
44 The Commission may, on behalf
of the Government of Alberta, enter into agreements with the governments of any
other provinces or territories regarding the conduct and management of a
provincial lottery within Alberta and those other provinces or territories.
1996 cG‑0.5 s44
Lottery tickets
45 No person, unless authorized
by the Commission, may make, sell, advertise or distribute lottery tickets with
respect to a provincial lottery.
1996 cG‑0.5 s45
Gaming terminals
46(1) No person may make, sell, advertise or
distribute a gaming terminal unless the terminal is approved by the Commission
and the person is registered to deal in gaming terminals.
(2) No
person may possess a gaming terminal unless the terminal is approved by the
Commission and
(a) the
person operates an establishment in which the gaming terminal is used and the
use of the gaming terminal in the person’s establishment is authorized by the
Commission, or
(b) the person is registered to deal in gaming
terminals or is an employee or agent of a person who is registered to deal in
gaming terminals.
RSA 2000 cG‑1
s46;2002 c15 s14
Video lottery terminal
actions
47 No action or proceeding may be instituted
or continued against the Crown or a Minister of the Crown, the Commission, the
board or its members, the chief executive officer, inspectors or employees of
the Commission based on any claim or cause of action, whether arising before or
after the enactment of this section, for compensation, for loss or damages
including exemplary damages or for injunctive or declaratory relief, whether
based on contract, property, tort, equity, restitution, expropriation or
otherwise, for
(a) the
removal of gaming terminals from establishments,
(b) the
termination or cancellation of agreements with retailers,
(c) the
termination or cancellation of any rights of retailers connected with or arising
from agreements with retailers, or
(d) any act or omission authorized by this Act.
RSA 2000 cG‑1
s47;2002 c15 s15
Municipal plebiscites
1998
48(1) All agreements between the Commission and
retailers respecting video lottery terminals existing immediately prior to May
19, 1999 and any rights of retailers connected with or arising from those
agreements are hereby terminated and cancelled in the following municipalities:
(a) County
of Lethbridge No. 26;
(b) Town
of Lacombe;
(c) Municipal
District of Opportunity No. 17;
(d) Regional
Municipality of Wood Buffalo;
(e) Town
of Canmore;
(f) Town
of Coaldale;
(g) Town
of Stony Plain.
(2) The
Commission must remove all video lottery terminals from establishments located
in the municipalities referred to in subsection (1).
(3) Subject
to subsection (4), if the Commission has removed video lottery terminals from a
municipality before May 19, 1999 as the result of a vote held in that
municipality, the Commission may not
(a) enter
into agreements with retailers respecting video lottery terminals, or
(b) place
or replace any video lottery terminals in establishments
in that municipality.
(4) The
Commission may not, in respect of any of the municipalities referred to in
subsections (1) and (3), enter into an agreement with a retailer or place video
lottery terminals in establishments unless a policy of the Minister under
section 7 authorizes the Commission to do so.
(5) In this section, “video lottery terminal” means
a video device from which payouts are made by means of paper slips that may be
redeemed for cash.
1999 c24 s7
Application to existing
agreements
49(1) The Gaming
and Liquor Amendment Act, 1999, SA 1999 c24, applies to all agreements with
retailers existing on May 19, 1999.
(2) If there is a conflict between an agreement
with a retailer and the Gaming and Liquor
Amendment Act, 1999, SA 1999 c24, the Gaming
and Liquor Amendment Act, 1999 prevails.
1999 c24 s7
Part 3
Liquor
Liquor control
50 No person may, except in
accordance with this Act or in accordance with a liquor licence, manufacture,
import, purchase, sell, transport, give, possess, store, use or consume liquor.
1996 cG‑0.5 s47
Issuing licences
51(1) The board may, with or without a hearing, issue
a liquor licence to an applicant if
(a) the
board considers it appropriate to do so,
(b) the
applicant is eligible to receive the licence, and
(c) the
requirements of this Act for issuing the licence have been met.
(2) A licence may only be issued in respect of one
premises.
1996 cG‑0.5 s48
Separate business
51.1(1) The board may not issue a retail liquor store
licence to an applicant unless the business under which the activities
authorized by the licence will be carried out is separate from any other
business of the applicant.
(2) The board may, for the purposes of
this section, make policies establishing criteria to be used to determine if
one business is separate from another business.
(3) Despite subsection (1), the board
may issue more than one retail liquor store licence to an applicant if the
business under which the activities authorized by those licences will be
carried out is separate from any other business of the applicant.
(4) Despite subsection (1), the board
may issue a retail liquor store licence to an applicant if the business under
which the activities authorized by the licence will be carried out is part of a
business that operates a hotel.
2002 c15 s16
Eligibility of minors
52 No liquor licence may be issued
(a) to
a minor, or
(b) to a corporation if the majority of the
corporation’s directors or officers are minors, or if the employee or agent who
is to be in charge of the premises described in the application is a minor.
1996 cG‑0.5 s49
Eligibility of persons
related to Commission
53(1) No liquor licence may be issued
(a) to
or for the benefit of a person who is a member of the board or an employee or
agent of the Commission, or
(b) in
respect of any premises if a member of the board or an employee or agent of the
Commission is an owner or part owner of the premises or holds an interest in
the premises.
(2) This
section does not apply to
(a) the
issuing of a special event licence, or
(b) the issuing of a licence to an agent of the
Commission authorizing the manufacture of liquor.
1996 cG‑0.5 s50
Prohibition area
54 Despite anything in this Act,
no liquor licence, other than a special event licence or a duty free store
licence, may be issued for the area described in section 146(a) and (b) of the Liquor Control Act, RSA 1980 cL‑17,
as it read on July 14, 1996.
1996 cG‑0.5
s51;1997 c18 s9
Definitions
55 In sections 56 to 59,
(a) “licensed
premises” does not include licensed premises under a special event licence;
(b) “liquor licence” does not include a special
event licence.
1996 cG‑0.5 s52
Areas where there are no
liquor licences
56 If the board receives an application for
a liquor licence for proposed licensed premises in a municipality, Metis
settlement or Indian reserve in which there are no licensed premises, the board
must refer the application to the municipality, Metis settlement or Indian band
unless
(a) in
the case of an application for proposed licensed premises in a municipality or
Metis settlement, the application is received by the board within 3 years after
a vote has been held under section 57 in respect of a municipality or section
58 in respect of a Metis settlement, or
(b) in the case of an application for proposed
licensed premises on an Indian reserve, the application is received by the
board within 3 years from the date that the board referred a previous
application to the Indian band under section 59.
1996 cG‑0.5 s53
Application referred to
municipality
57(1) When an application for a licence is referred
to a municipality under section 56, the municipality must, within 90 days from
the application being referred to it, submit a question on the application to a
vote of the electors and the vote of the electors must be conducted in
accordance with the Local Authorities
Election Act.
(2)
The municipality must advise the board of the results of the vote and
(a) if
the majority of the electors voting approve of the liquor licence being issued,
the board may issue the licence, and
(b) if the majority of the electors voting
oppose the liquor licence being issued, the board may not issue a licence or
accept an application for a licence that would authorize licensed premises
within the municipality for 3 years after the vote.
1996 cG‑0.5 s54
Application referred to
Metis settlement
58(1) When an application is referred to a Metis
settlement under section 56, the Metis settlement must, within 90 days from the
application being referred to it, hold a vote on the application at a public
meeting and sections 54 and 55 of the Metis
Settlements Act apply to the vote as though it was a vote on a proposed
bylaw.
(2)
The Metis settlement must advise the board of the results of the vote and
(a) if
the majority of the settlement members voting approve of the liquor licence
being issued, the board may issue the licence, and
(b) if the majority of the settlement members
voting oppose the liquor licence being issued, the board may not issue a
licence or accept an application for a licence that would authorize licensed
premises in the Metis settlement for 3 years after the vote.
1996 cG‑0.5 s55
Application referred to
Indian band
59(1) When an application is referred to an Indian
band under section 56, the band has 90 days after the application has been
referred to it to advise the board if it approves of the issuing of the liquor
licence.
(2)
If the Indian band advises the board within the 90 days that it approves of the
issuing of the liquor licence, the board may issue the licence.
(3) If the Indian band does not advise the board
of its decision within the 90 days or if the band advises the board within the
90 days that it does not approve of the issuing of the liquor licence, the
board may not issue a licence or accept an application for a licence that would
authorize licensed premises in the Indian reserve for 3 years from the date
that the board referred the application to the band.
1996 cG‑0.5 s56
Extending time period
60 The board may extend the 90‑day
periods referred to in sections 57 to 59 on the request of a municipality,
Metis settlement or Indian band and, if an extension is granted, the references
to 90 days in those sections refer to the extended time period.
1996 cG‑0.5 s57
Conditions
61(1) The board’s policies respecting the activities
authorized by a liquor licence are conditions of the licence, including
policies made after the licence is issued.
(2) The
Commission must provide a licensee with a copy of the board policies that are
conditions of the liquor licence and any amendments to those policies.
(3) When
issuing a liquor licence, the board may, with or without a hearing, impose
conditions on a licence that are in addition to the conditions referred to in
subsection (1).
(4) When the board imposes a condition under
subsection (3) without a hearing, the board must give the licensee information
about an application for a hearing.
1996 cG‑0.5 s58
Representatives of Liquor
Suppliers
Registration required
62(1) No liquor supplier may authorize a liquor
agency to be its representative in the sale of its liquor unless the liquor
agency is registered for that purpose.
(2) No
liquor agency may act as the representative of a liquor supplier in the sale of
the supplier’s liquor unless the liquor agency is registered for that purpose.
(3) No
liquor agency may authorize a person to act as a representative of a liquor
supplier in the sale of the supplier’s liquor unless the person is registered
for that purpose.
(4) No
employee or agent of a liquor agency may act as a representative of a liquor
supplier in the sale of the supplier’s liquor unless the employee or agent is
registered for that purpose.
(5) No
liquor supplier may sell liquor unless the liquor supplier is registered for
that purpose.
(6) No
liquor supplier may authorize its employees to represent the supplier in the
sale of the supplier’s liquor unless the employees are registered for that
purpose.
(7) No employee of a liquor supplier may act as the
supplier’s representative in the sale of the supplier’s liquor unless the
employee is registered for that purpose.
1996 cG‑0.5
s59;1997 c18 s9
Registration
63(1) The board is responsible for registrations
under this Part.
(2) Registrations are governed by the regulations.
1996 cG‑0.5 s60
Regulation of Licensees
and Activities
on Licensed Premises
Forced sales
64 No liquor licensee or employee
or agent of a liquor licensee may require or demand, by force or otherwise,
that a person buy liquor in the licensed premises.
1996 cG‑0.5 s61
Remuneration based on
sales
65(1) No person may enter into an agreement in which
one party is to receive remuneration for working in licensed premises if the
remuneration varies with the amount of liquor sold at the licensed premises.
(2) An agreement entered into in contravention of
subsection (1) is void.
1996 cG‑0.5 s62
Agreements with liquor
suppliers and agencies
66(1) Unless the regulations provide otherwise, no
liquor supplier or liquor agency may enter into an agreement with a liquor
licensee whose licence authorizes the sale of liquor to customers for their own
consumption in which the licensee agrees to sell the liquor of the supplier or
agency.
(2) Unless
the regulations provide otherwise, no liquor licensee whose licence authorizes
the sale of liquor to customers for their own consumption may enter into an
agreement with a liquor supplier or liquor agency in which the licensee agrees
to sell the liquor of the supplier or agency.
(3) Unless the regulations provide otherwise, an
agreement entered into in contravention of subsections (1) and (2) is void.
1996 cG‑0.5 s63
Advertising and
promoting of liquor
67(1) The board may make policies respecting the
advertising and promoting of liquor or products that contain liquor.
(2) Every liquor licensee, liquor supplier, liquor
agent and registrant under this Part must comply with the policies.
1996 cG‑0.5 s64
Sale at licensed
premises
68(1) No liquor licensee or employee or agent of a
liquor licensee whose licence authorizes the sale or provision of liquor at
licensed premises may sell, offer to sell or provide liquor at the licensed
premises
(a) unless
the liquor was purchased from the Commission or acquired in accordance with
board policies, and
(b) except
during the hours and on the days when the liquor may be sold or provided under
the regulations or stadium bylaws.
(2) No liquor licensee or employee or agent of a
liquor licensee may sell, offer to sell or provide from the licensed premises
liquor to be consumed off the licensed premises unless the licensee’s licence
authorizes those activities.
1996 cG‑0.5 s65
Conduct on licensed
premises
69(1) No liquor licensee or employee or agent of a
liquor licensee may permit any activity in the licensed premises that
(a) is
contrary to any municipal bylaw or any Act or regulation of Alberta or Canada,
(b) is
detrimental to the orderly operation of the premises,
(c) may
be injurious to the health or safety of people in the premises, or
(d) is
prohibited under the licence or by the regulations.
(2) No
person may do anything in licensed premises that
(a) is
detrimental to the orderly operation of the premises,
(b) may
be injurious to the health or safety of people in the premises, or
(c) is prohibited under the licence or by the
regulations.
RSA 2000 cG‑1
s69;2002 c15 s17
Leaving licensed
premises when requested
70 No person may
(a) remain
in licensed premises after having been requested to leave the premises by the
liquor licensee or an employee or agent of the liquor licensee, or
(b) enter licensed premises after having been
forbidden to enter the premises by the liquor licensee or an employee or agent
of the liquor licensee.
1996 cG‑0.5 s67
Leaving licensed
premises on closing
71(1) Except in those licensed premises prescribed in
the regulations, every person other than the liquor licensee and the liquor
licensee’s employees or agents must leave licensed premises when the sale and
consumption of liquor in those premises are required to cease under the
regulations or stadium bylaws.
(2) Except
as provided in the regulations, no liquor licensee or employee or agent of a
liquor licensee may permit any person to be in licensed premises when the sale
and consumption of liquor in those premises are prohibited under the
regulations or stadium bylaws.
(3) No person may consume and no liquor licensee or
employee or agent of a liquor licensee may permit a person to consume liquor on
licensed premises when the sale and consumption of liquor in those premises are
prohibited under the regulations or stadium bylaws.
1996 cG‑0.5 s68
Homemade liquor
72(1) No liquor licensee or employee or agent of a
liquor licensee may permit liquor referred to in section 86(1) on any licensed
premises unless the liquor is being judged in a competition authorized by a
special event licence.
(2) No person may on any licensed premises consume
liquor that the person knows has been made under the authority of section 86(1)
unless the consumption occurs as part of the judging of the liquor in a
competition authorized by a special event licence.
1996 cG‑0.5 s69
Adulteration of liquor
73(1) No liquor licensee or employee or agent of a
liquor licensee or any other person may
(a) mix
or permit to be mixed with any liquor that is in the possession of a liquor
licensee any drug or any form of methyl alcohol or any crude, unrectified or
impure form of ethyl alcohol or any other deleterious substance or liquid, or
(b) blend
or permit to be blended one type or brand of liquor with another type or brand
of liquor that is in the possession of a liquor licensee by exchanging or
combining the contents of one container with those of another container except
when using an automatic dispensing device approved by the Commission.
(2) No liquor licensee or employee or agent of a
liquor licensee may add water or any other liquid or permit water or any other
liquid to be added to any liquor sold or given to a customer so as to reduce
the percentage of alcohol by volume without the knowledge and consent of the
customer.
RSA 2000 cG‑1
s73;2002 c15 s18
Minors on licensed
premises
74(1) If a person who appears to be a minor requests
to purchase or be given liquor from a liquor licensee, the licensee or other
person to whom the request is made must, before granting the request, demand
that the person who appears to be a minor provide proof of age.
(2) No
minor may enter or be in any licensed premises if the licence prohibits minors
from entering into or being in the licensed premises.
(3) No
liquor licensee may permit a minor to enter or be in any licensed premises if
the licence prohibits minors from entering into or being in the licensed
premises.
(4) If
a person who appears to be a minor enters licensed premises that a minor is not
entitled to enter or be in, the liquor licensee must demand that the person who
appears to be a minor produce proof of age.
(5) If
a person makes a request for identification under subsection (1) or (4) and the
person who appears to be a minor fails to produce identification that is
satisfactory to the person making the request, the liquor licensee must
(a) not
serve liquor to that person, and
(b) refuse the person entry or ask the person to
leave if the licence prohibits a minor from entering and being in those
licensed premises.
1996 cG‑0.5 s71
Supplying liquor to
minor
75 No person may give or sell or
permit any person to give or sell liquor to a minor in licensed premises.
1996 cG‑0.5 s72
Duty to intoxicated person
75.1 No liquor licensee may
(a) sell
or provide liquor in the licensed premises to a person apparently intoxicated
by liquor or a drug,
(b) permit
a person apparently intoxicated by liquor or a drug to consume liquor in the
licensed premises, or
(c) permit
a person apparently intoxicated by liquor or a drug to take part in a gaming
activity or provincial lottery that is conducted in the licensed premises.
2002 c15 s19
Activities Involving
Liquor
Commission’s general authority
76 The Commission may import,
purchase, sell, transport, possess and store liquor.
1996 cG‑0.5 s73
Importation
77 No person may import liquor into Alberta
unless
(a) the
liquor has been purchased by or on behalf of the Commission and the liquor is
consigned to the Commission,
(b) the
person is a manufacturer and the board has authorized the manufacturer to
import the liquor for the purposes of blending with and flavouring liquor made
by the manufacturer, or
(c) the importation is authorized by this Act or
a federal Act.
1996 cG‑0.5 s74
Business of transporting
passengers
78 The board may authorize a
liquor licensee that is in the business of transporting passengers in a
commercial public conveyance, other than local transit buses and trains, to
bring liquor into Alberta in the commercial public conveyance, and the liquor
may be sold to passengers in the commercial public conveyance in accordance
with the licence.
1996 cG‑0.5 s75
Sales to Commission
79(1) No manufacturer may sell the liquor it makes to
any person other than the Commission unless the manufacturer’s liquor licence
provides otherwise.
(2) Subsection
(1) does not apply to liquor that a manufacturer exports from Alberta.
(3) No person who imports liquor under section
77(b) or (c) may sell the liquor to any person other than the Commission unless
the board provides otherwise.
1996 cG‑0.5 s76
Sales to licensee
80(1) The Commission may impose a mark‑up as
determined by the Commission on liquor that it sells to liquor licensees.
(2) When the Commission sells liquor to
liquor licensees, the price of liquor must be the same, at any one time, for
all licensees holding the same class of licence.
(3) The Commission must not deliver
liquor it has sold until the purchaser has paid for the liquor in the manner
required by the board.
(4) In subsection (1), “mark‑up”
means the profit generated by the Commission on the sale of liquor.
RSA 2000 cG‑1
s80;2002 c15 s20
Prohibited sales
81 Unless authorized by this Act or a liquor
licence, no person may through the person’s own actions or through the person’s
employees or agents
(a) display
liquor for sale,
(b) store
liquor for sale, or
(c) directly or indirectly sell or offer to sell
liquor.
1996 cG‑0.5 s78
Sale of liquor under
Civil Enforcement Act
82 A civil enforcement agency may
seize liquor in accordance with the Civil
Enforcement Act, and the board may, subject to any conditions it considers
advisable, authorize the civil enforcement agency to sell the liquor.
1996 cG‑0.5 s79
Transportation
83 A common carrier or other
person may, in accordance with this Act, transport liquor from a place where
liquor is lawfully located to another place where liquor may be lawfully
located.
1996 cG‑0.5 s80
Consumption in vehicles
84 Except as otherwise provided
for in this Act or in a liquor licence, no person may consume liquor in a
vehicle unless, when the liquor is being consumed, the vehicle is a temporary
residence.
1996 cG‑0.5 s81
Gift of liquor
85 Subject to the regulations, a
person other than a minor may make a gift of liquor that was lawfully made,
purchased or imported and a person other than a minor may receive a gift of
this liquor.
1996 cG‑0.5 s82
Adults
86(1) An adult may make, in the adult’s residence,
wine, cider and beer up to a quantity permitted under the regulations.
(2) No
adult may make spirits except in accordance with a licence.
(3) An
adult may import into Alberta liquor of a kind and up to a quantity that is
permitted under the regulations.
(4) An
adult may purchase liquor from a licensee or as otherwise authorized by the
regulations.
(5) An
adult may possess liquor lawfully made, purchased, imported or received as a
gift, and
(a) store
it in a residence, temporary residence or other place authorized by this Act,
and
(b) use and consume it in a residence, temporary
residence or other place authorized by this Act.
1996 cG‑0.5 s83
Minors
87(1) Subject to subsection (3) and section 88, no
minor may
(a) purchase
or attempt to purchase liquor;
(b) obtain
or attempt to obtain liquor;
(c) possess
or consume liquor.
(2) Subject
to subsection (3) and section 88, no person may sell, attempt to sell or give
liquor to a minor.
(3) An adult who is the parent, guardian or spouse
or adult interdependent partner of a minor and who is in lawful possession of liquor
may give the liquor to a minor in a residence or a temporary residence.
RSA 2000 cG‑1
s87;2002 cA‑4.5 s39
Religious ceremonies
88 A priest, minister, member of
a clergy or other religious leader may, in the performance of religious
ceremonies or sacraments, give liquor, approved by the Commission for
sacramental purposes, to a minor or an adult in accordance with the practices
of the religion.
1996 cG‑0.5 s86
Public place
89(1) Except as provided in this Act, no person may
use or consume liquor in a public place or any place other than a residence,
temporary residence, licensed premises or a place or class of place prescribed
in the regulations where liquor may be used or consumed.
(2) Despite
subsection (1), a person may consume liquor with food in a public park in a
picnic area designated by the owner or operator of the public park during the
hours designated by the owner or operator if a sign is posted that
(a) states
that a person may consume liquor with food in the designated picnic area,
(b) sets
out the designated picnic area, and
(c) sets
out the hours when liquor may be consumed with food.
(3) A person must stop consuming liquor in a
designated picnic area if a peace officer on reasonable and probable grounds
believes that the person is intoxicated or is not consuming food while
consuming liquor in a designated picnic area and the peace officer requests
that person to stop consuming liquor.
1996 cG‑0.5 s86
Unauthorized places
90 An owner or operator, or an employee or
agent of an owner or operator, of a place that is not
(a) a
residence,
(b) a
temporary residence,
(c) licensed
premises,
(d) a
place prescribed in the regulations where liquor may be stored, used or
consumed, or
(e) a
picnic area in a public park that is designated and where a sign is posted in
accordance with section 89(2),
may not knowingly allow a person to possess, use or consume
any liquor at that place.
1996 cG‑0.5 s87
Part 4
Board Hearings and Sanctions
Suspension,
cancellation, etc. by board
91(1) The board may do any one or more of the
things referred to in subsection (2) if the board is of the opinion that
(a) a
licensee or registrant has failed to comply with this Act, an order of the
board or a condition imposed on a licence or registration;
(b) a
liquor licensee has failed to comply with stadium bylaws;
(c) a
licensee has failed with respect to licensed premises or a licensed facility to
comply with the Safety Codes Act,
orders under the Public Health Act or
any municipal bylaw;
(d) an
owner of licensed premises or facilities or a manager of licensed premises or
facilities or, if the licensee is a corporation, an employee or agent of the
corporation who is in charge of the licensed premises or facilities has been charged with or convicted of an
offence under this Act, the Criminal Code
(Canada) or stadium bylaws;
(e) if
the licensee or registrant is a corporation, a shareholder, director, officer
or employee of the corporation has been charged
with or convicted of an offence under this Act or the Criminal Code (Canada);
(f) a
licensee or registrant has committed any act that is contrary to the public
interest or that detracts from the integrity with which gaming activities or
provincial lotteries are to be conducted in Alberta.
(2) If
subsection (1) applies, the board may, by order, with respect to a licensee or
registrant, do any one or more of the following, with or without a hearing:
(a) issue
a warning;
(b) impose
conditions on the licence or registration or rescind or amend existing
conditions on the licence or registration;
(c) impose
a fine of not more than $200 000
and refuse to issue or reinstate a
licence or a registration until
the fine is paid;
(d) subject
to this section, suspend or cancel the licence or registration;
(e) in
a case where a person referred to in subsection (1)(d) or (e) has been charged
but not convicted of an offence referred to in that clause or in a case to
which subsection (1)(f) applies, begin an investigation of the matter and
suspend the licence or registration pending completion of the investigation.
(3) A
licence or registration may not be cancelled
(a) where
a person referred to in subsection (1)(d) or (e)
(i) has been charged but not convicted, until after the Commission
has completed an investigation of the matter, or
(ii) has been convicted, until after the conviction becomes final,
or
(b) in
a case to which subsection (1)(f) applies, until after the Commission has
completed an investigation of the matter.
RSA 2000 cG‑1
s91;2002 c15 s21
Order directing the use
of proceeds or freezing property
91.1(1) The board may make an order as provided in
subsection (2) if the board believes on reasonable grounds that it is advisable
to make an order to ensure that a gaming licensee or former gaming licensee
uses the revenue from gaming activities in accordance with this Act, the Criminal Code (Canada) and the
conditions imposed on the gaming licence.
(2) If
subsection (1) applies, the board may, by order, with or without a hearing, do
any one or more of the following:
(a) direct
a gaming licensee or former gaming licensee to use the revenue from a gaming
activity for a charitable or religious object or purpose chosen by the licensee
or former licensee and approved by the board, or chosen by the board in
accordance with subsection (6);
(b) direct
a person who has on deposit or under its control or in its safekeeping any
money or other property of a gaming licensee or former gaming licensee to hold
the money or other property;
(c) direct
a gaming licensee or former gaming licensee to refrain from dealing with or
withdrawing its money or other property from any person who has the money or
other property on deposit or under its control or in its safekeeping.
(3) An
order made under subsection (2) does not take effect until it is served on the
person to whom it is directed.
(4) An
order made under subsection (2) that is directed to a financial institution
applies only to the office, branch or agency of the financial institution named
in the order.
(5) A
person to whom an order under subsection (2) is directed who is in doubt as to
(a) the
application of the order to any money or other property, or
(b) a
claim being made to that person by any person not named in the order
may apply to the board
for direction as to the disposition of the money, other property or claim.
(6) If
a person to whom an order under subsection (2)(a) is directed refuses or fails
to choose a charitable or religious object or purpose that is approved by the
board, the board may choose one.
(7) A
person to whom an order under subsection (2)(b) is directed must hold the money
or other property in trust for the beneficial owner until the board revokes or
varies the order.
(8) The
board may revoke or vary an order made under this section and may require the
person whose money or other property is subject to the order to file with the
board security in a form and an amount acceptable to the board.
2002 c15 s22
Sanction if licensee
becomes ineligible
92(1) The board may do any one or more of the things
referred to in subsection (2) if, after a licence is issued or a person is
registered, the licensee or registrant becomes ineligible to hold a licence or
to be registered because of either the licensee’s or registrant’s own actions
or the actions of an employee or associate of the licensee or registrant.
(2) If
subsection (1) applies, the board may, by order, with or without a hearing, do
any one or more of the following:
(a) cancel
or suspend the licence or registration;
(b) require
a person to dispose of an interest in the business under which the activities
authorized by the licence or registration are carried out;
(c) require
a person to dispose of an interest in licensed premises or facilities.
(3) If the ineligibility referred to in subsection
(1) is caused by a conviction of an offence under this Act or a federal Act
specified in the regulations, the board may not make an order under subsection
(2) until the conviction becomes final.
RSA 2000 cG‑1
s92;2002 c15 s23
Board order
93 When the board makes an order under
section 91, 91.1(2) or 92, the board must give the licensee or registrant
(a) a
copy of the order,
(b) a
written summary of the reasons and information on which the order is based, and
(c) information about an application for a
hearing if the order was made without a hearing.
RSA 2000 cG‑1
s93;2002 c15 s24
Application for board
hearing
94(1) A licensee or registrant may apply to the board
for a hearing if the board has, without a hearing in respect of that licensee
or registrant,
(a) made
an order under section 91, 91.1(2) or 92,
(b) imposed
conditions on the licence under section 38(3) or 61(3), or
(c) imposed
conditions on the registration under the regulations.
(2) A
person who is refused a licence or registration by the board without a hearing
may apply to the board for a hearing.
(3) A
person whose liquor, containers, gaming terminals or gaming supplies have been
seized under section 95 or 106 may apply to the board for a hearing.
(4) An
applicant for a hearing must apply in writing to the board within 30 days after
receiving notice of the matter in respect of which a hearing is requested, or a
longer period as the board permits.
(5) The
application must describe the matter in respect of which a hearing is requested
and set out the reasons for making the application.
(6) Within
60 days after receiving an application, the board must conduct a hearing and
give the applicant an opportunity to make representations to the board.
(7) After
a hearing under this section, the board may by order
(a) confirm
the original order or decision,
(b) replace
the order or decision with another order or decision made in accordance with
the authority for the order or decision,
(c) cancel
the original order or decision, or
(d) in
the case of a hearing applied for under subsection (3), confirm the seizure and
declare the goods forfeited to the Commission or direct that any or all of the
seized goods be returned.
(8) The board must provide the applicant with a
copy of its order and written reasons.
RSA 2000 cG‑1
s94;2002 c15 s25
Disposition of liquor
95(1) When a liquor licence is suspended or
cancelled, the Commission may purchase liquor from the person whose licence has
been suspended or cancelled or authorize the person to sell the liquor to a
licensee if the liquor is, in the opinion of the Commission, suitable for
resale.
(2) If
the liquor in the possession of a person whose liquor licence has been
suspended or cancelled was not lawfully acquired or is not, in the opinion of
the Commission, suitable for resale, the liquor and containers are forfeited to
the Commission and the person must, on the request of the Commission, deliver
all liquor and containers in the person’s possession pursuant to the licence or
on the licensed premises to the Commission.
(3) If
the person whose licence has been suspended or cancelled fails to deliver
liquor and containers as requested under subsection (2), the liquor and
containers may be seized by an inspector.
(4) When
an inspector seizes liquor and containers, the inspector must
(a) give
a notice to the person from whom the liquor and containers were seized that
sets out the reasons for the seizure and notifies the person of the right to a
hearing before the board, and
(b) deliver the liquor and containers to the
Commission.
1996 cG‑0.5 s92
Disposition of gaming
supplies
96 A person whose facility
licence has been suspended or cancelled must dispose of any gaming supplies in
the person’s possession in accordance with the board’s instructions.
1996 cG‑0.5 s93
Notices
97(1) Notice of any decision or board order made
under section 38(3), 61(3), 91, 91.1 or 92 or of any decision or order made
under the regulations that imposes conditions on a registration must be given
to the licensee or registrant as follows:
(a) by
registered mail to the last address of the licensee or registrant as shown in
the Commission’s records;
(b) by
personal delivery to the licensee or registrant or an agent of the licensee or
registrant;
(c) by
telecopier to the fax number of the licensee or registrant if
(i) the licensee or registrant has provided that fax number to the
Commission for the purpose of receiving notices under this Act, and
(ii) the Commission receives confirmation that the notice was sent to
that fax number;
(d) by
any other electronic means if
(i) the licensee or registrant has consented to receive notices under
this Act in that manner, and
(ii) the licensee or registrant acknowledges receipt of the notice.
(2) Unless
otherwise provided for in this Act, any other notice that is to be given to a
person under this Act by the board or the Commission may be sent by ordinary
mail to the last address of the person as shown in the Commission’s records.
RSA 2000 cG‑1
s97;2002 c15 s26
Part 4.1
Additional Powers of Commission
Appointment of receiver
and manager
97.1(1) The Commission may apply to the Court of
Queen’s Bench for the appointment of a receiver and manager of the property of
a facility licensee
(a) if
(i) the Commission has reasonable grounds to believe that the board
is about to make, or
(ii) the board has made
a decision suspending or cancelling the facility licence,
or
(b) if
the facility licence will be or has been suspended or cancelled by operation of
this Act or the regulations.
(2) In
determining whether to appoint a receiver and manager under this section, the
Court must consider at least the following:
(a) that
it is in the public interest to ensure that gaming activities in Alberta be
conducted lawfully and with integrity;
(b) the
best interests of charities that depend on revenue from gaming activities;
(c) the
best interests of employees who work in the licensed facility;
(d) the
best interests of creditors and persons whose property is in the possession or
under the control of the facility licensee;
(e) whether
the appointment of a receiver and manager will be an effective means of
ensuring the continued management and operation of the licensed facility;
(f) the
probable cost of the receivership in relation to the probable benefits to be derived
by the appointment of a receiver and manager;
(g) whether
the appointment of a receiver and manager will cause undue hardship or
prejudice to the facility licensee or another person.
(3) An
application under this section may be made ex parte if the Court considers it
proper to do so in the circumstances.
(4) If
an application under this section is made ex parte, the Court may make an order
appointing a receiver and manager for a period not exceeding 15 days.
(5) A
receiver and manager appointed under this section is the receiver and manager
of only that part of the property of the facility licensee that is part of or
necessary or incidental to the operation of the licensed facility and that is
(a) owned
or leased by the facility licensee or otherwise under the control of the
licensee, or
(b) held
by the facility licensee on behalf of or in trust for any other person.
(6) Subject
to the directions of the Court, the receiver and manager
(a) has
the authority to manage and operate the licensed facility, and
(b) must
exercise any powers that are necessary or incidental to the management and
operation of the licensed facility.
2002 c15 s27
Powers of receiver and
manager
97.2(1) A receiver and manager appointed under section
97.1 is vested with all the powers
(a) in
the case of a facility licensee that is an individual or partnership, of the
individual or partners in respect of the management and operation of the
licensed facility, and
(b) in
the case of a facility licensee that is a corporation, of the shareholders and
directors of the corporation in respect of the management and operation of the
licensed facility.
(2) On
an order being made under section 97.1 appointing a receiver and manager,
(a) in
the case of a facility licensee that is an individual or partnership, the
individual or partners must not exercise any powers in respect of the
management and operation of the licensed facility, and
(b) in
the case of a facility licensee that is a corporation, the shareholders and
directors of the corporation must not exercise any powers in respect of the
management and operation of the licensed facility.
2002 c15 s27
Duties of receiver and
manager
97.3(1) A receiver and manager appointed under section
97.1 must
(a) act
honestly and in good faith,
(b) take
custody and control of the property of the facility licensee referred to in
section 97.1(5),
(c) deal
with the property of the facility licensee in a commercially reasonable manner,
and
(d) keep
detailed records of transactions carried out by the receiver and manager
relating to the management and operation of the licensed facility.
(2) The
records kept pursuant to subsection (1)(d) must be available for inspection
during ordinary business hours
(a) in
the case of a facility licensee that is an individual or partnership, by the
individual or partners, and
(b) in
the case of a facility licensee that is a corporation, by the shareholders and
directors of the corporation.
2002 c15 s27
Court order
97.4 The Court, in making an order
under section 97.1, may provide for any matter or thing relating to the
management and operation of the licensed facility during the appointment of the
receiver and manager.
2002 c15 s27
Term of office
97.5 A receiver and manager appointed under
section 97.1 remains in office until removed from office by the Court or until
(a) a
new facility licence is issued, or
(b) if
the facility licence was suspended, the licence is reinstated.
2002 c15 s27
Fees
97.6 The fees payable to a receiver and
manager for services, expenses and disbursements in connection with the
discharge of the duties of the receiver and manager
(a) must
be fixed by the Court from time to time, and
(b) must
be paid out of the assets or income of the licensed facility.
2002 c15 s27
Directions from Court
97.7(1) A
receiver and manager appointed under section 97.1 and any interested person may
apply to the Court of Queen’s Bench for directions or for an order relating to
any matter arising with respect to the carrying out of the duties of the
receiver and manager.
(2) On
an application under subsection (1), the Court may give direction, declare the
rights of parties before the Court and make any further order it considers
necessary.
2002 c15 s27
Revocation of
appointment
97.8 The Court may at any time revoke an
appointment made under section 97.1 and appoint another receiver and manager.
2002 c15 s27
Expenses constitute a
debt to Commission
97.9 If the Commission expends money in
respect of the appointment under this Act of a receiver and manager, the amount
expended
(a) is
a debt owing by the facility licensee to the Commission, and
(b) may
be recovered by the Commission in the same manner as any other debt owing to
the Commission.
2002 c15 s27
Act not to apply
97.91 Part 8 of the Business Corporations Act does not apply in respect of a receiver
and manager appointed under section 97.1.
2002 c15 s27
Part 5
Enforcement
Inspections, Search and
Seizure
Inspectors
98(1) The Commission may, in writing, designate any
employee of the Commission or any other person as an inspector.
(2) Every police officer as defined in the Police Act is an inspector for the
purposes of this Act.
1996 cG‑0.5 s95
Obstruction of inspector
99 No person may hinder, obstruct
or impede an inspector in the performance of the inspector’s duties or in the
exercise of the inspector’s powers.
1996 cG‑0.5 s96
Reports
100 Every licensee or registrant
must, when required in writing by the Commission, provide the Commission with
reports and information specified by the Commission for the purposes of
determining if this Act and the conditions imposed on the licensee’s licence or
registrant’s registration are being complied with.
1996 cG‑0.5 s97
Liquor samples
101 A liquor licensee or a
registrant must, when required by the Commission, provide the Commission with
samples of liquor that the licensee or registrant is selling or intends to
sell.
RSA 2000 cG‑1
s101;2002 c15 s28
Responsibility of
directors and officers
102 If a corporation is a licensee or
registrant and a duty is imposed on the licensee or registrant under this Act,
the duty is also imposed
(a) on
any director or officer of the corporation, or
(b) if the licence is a liquor licence or
facility licence, the director, officer, employee or agent who is in charge of
the licensed premises or licensed facility.
1996 cG‑0.5 s99
Inspection of premises
and facilities
103(1) To ensure compliance with this Act, an
inspector may enter and inspect, at any reasonable time,
(a) licensed
premises and licensed facilities;
(b) unlicensed
premises and unlicensed facilities where gaming activities have been, are or
will be conducted;
(c) premises
with respect to which a liquor licence has expired or been suspended or
cancelled;
(d) a
facility with respect to which a facility licence has expired or been suspended
or cancelled;
(e) the
offices of a common carrier doing business in Alberta that may contain records
and documents relating to liquor stored or transported in Alberta.
(2) An
inspector may enter and inspect, at any reasonable time, premises or facilities
described in an application for a licence to determine if the premises or
facilities meet the requirements of this Act.
(3) When
acting under the authority of this section, an inspector must carry
identification in the form established by the board and present it on request
to the owner or occupant of the premises or facility being inspected.
(4) In
carrying out an inspection relating to liquor, a liquor licence or licensed
premises, an inspector may
(a) take
reasonable samples of liquor from the licensee or any person in the licensed
premises,
(b) inspect,
audit, examine and make copies of any records, documents, books of account and
receipts relating to liquor, a liquor licence or licensed premises, or may
temporarily remove any of them for those purposes,
(c) interview
the licensee or agents of the licensee with regard to any of the records,
documents, books of account and receipts,
(d) interview
and request identification from any person who appears to be a minor who is
found in the licensed premises, or a person who appears to be a minor who is
found outside the licensed premises if the inspector has reasonable grounds to
believe that the person is contravening or has contravened this Act,
(e) interview
and request identification from any person who appears to be intoxicated in
licensed premises or who is found in the licensed premises after the sale and
consumption of liquor have been required to cease under the regulations, or a
person who is found outside the licensed premises if the inspector has
reasonable grounds to believe that the person is contravening or has
contravened this Act, and
(f) seize
identification from any person interviewed in accordance with this subsection
if the inspector has reasonable grounds to believe that the identification is
false or has been altered.
(5) In
carrying out an inspection relating to a gaming activity, provincial lottery or
gaming or facility licence, an inspector may
(a) take
reasonable samples of gaming supplies from the licensee or any person in the
licensed facility,
(b) inspect,
audit, examine and make copies of any records, documents, books of account and
receipts relating to a gaming activity, a provincial lottery, a gaming or
facility licence or gaming supplies, or may temporarily remove any of them for
those purposes,
(c) interview
the licensee or agents of the licensee with regard to any of the records,
documents, books of account and receipts,
(d) interview
and request identification from any person who appears to be a minor who is
found in the licensed facility, or a person who appears to be a minor who is
found outside the licensed facility if the inspector has reasonable grounds to
believe that the person is contravening or has contravened this Act, and
(e) seize
identification from any person interviewed in accordance with this subsection
if the inspector has reasonable grounds to believe that the identification is
false or has been altered.
(6) When
an inspector removes records, documents, books
of account and receipts under this section, the inspector must
(a) give
a receipt for them to the person from whom they were taken, and
(b) within
a reasonable time, return them to that person.
RSA 2000 cG‑1
s103;2002 c15 s29
Duty to assist inspector
104 A licensee, a registrant, an applicant
for a licence or registration
and a common carrier and their officers, employees and agents must, on the
request of an inspector, the
Commission or an employee of the Commission,
(a) assist
the inspector in carrying out an inspection under section 103, and
(b) provide
the inspector with records, documents, books of account and receipts and
provide a place where they may be inspected, audited, examined or copied.
RSA 2000 cG‑1
s104;2002 c15 s30 cG‑0.5 s101
Inspectors assigned to
manufacturers’ licensed premises
105(1) The Commission may assign an inspector to work
at the licensed premises of a manufacturer for the purposes of ensuring that
the manufacturer is complying with this Act.
(2) After
a manufacturer receives reasonable notice from the Commission that an inspector
has been assigned to its licensed premises, the manufacturer must provide the
inspector with
(a) office
accommodation, facilities and equipment at the licensed premises as specified
by the Commission, and
(b) records
and documents that are required by the inspector and any assistance the
inspector requires in carrying out an inspection.
(3) An inspector assigned to licensed premises has
all of the powers and duties of an inspector under section 103.
1996 cG‑0.5 s102
Seizure of liquor and
gaming supplies
106(1) An inspector who, while carrying out an
inspection under section 103, finds any liquor, gaming terminals or gaming
supplies that the inspector believes on reasonable and probable grounds are
unlawfully acquired or kept or kept for unlawful purposes in contravention of
this Act or a condition imposed on a licence or registration may immediately
seize and remove the liquor and the containers in which it is held or the
gaming terminals or gaming supplies.
(2) When
an inspector seizes liquor and containers, gaming terminals or gaming supplies,
the inspector must
(a) give
a notice to the person from whom the liquor and containers or the terminals or
gaming supplies were seized that sets out the reasons for the seizure and
notifies the person of the right to a hearing before the board, and
(b) deliver the liquor and containers or the
terminals or gaming supplies to the Commission.
RSA 2000 cG‑1
s106;2002 c15 s31
Warrantless search and
seizure
107(1) A peace officer who on reasonable and probable
grounds believes
(a) that
liquor is in or near a vehicle and is being kept unlawfully or kept for
unlawful purposes in contravention of this Act or a condition imposed on a
licence, and
(b) that
obtaining a warrant would cause a delay that could result in the loss or
destruction of evidence
may without a warrant
and, if necessary, by reasonable force conduct a search for that liquor in or
near the vehicle or on the person of anyone found in or near the vehicle.
(2) A
peace officer who, in making a search under subsection (1), finds liquor that
the peace officer believes on reasonable and probable grounds is unlawfully
kept or kept for unlawful purposes in contravention of this Act or a condition
imposed on a licence may
(a) immediately
seize the liquor and the container in which it is held, and
(b) if
the peace officer believes on reasonable and probable grounds that an offence
under section 81 is being or has been committed by the occupant or person in
charge of a vehicle in or near which liquor is found, seize and remove that
vehicle.
(3) Following
a seizure of a vehicle under subsection (2), the peace officer must, within a
reasonable time,
(a) provide
a justice with an affidavit
(i) stating that the peace officer has reason to believe that a
person committed an offence under section 81 while being an occupant or in
charge of the vehicle that was seized, and
(ii) stating the name of the person alleged to have committed an
offence under section 81,
or
(b) return
the vehicle to the person from whom it was seized.
(4) A
justice, on receipt of an affidavit under subsection (3), may order that the
affidavit be served on the person referred to in subsection (3)(a)(ii) and set
down a date to hear the matter and may order that the vehicle be
(a) retained
by the Crown until final disposition of the charge under section 81, or
(b) returned
to the person from whom it was seized.
(5) If
a vehicle is returned under subsection (4)(b), the justice may order the person
to whom it is returned
(a) to
hold it as bailee for the Crown until final disposition of the charge under
section 81, and
(b) to produce it if it is required with respect
to proceedings related to the charge under section 81.
RSA 2000 cG‑1
s107;2002 c15 s32
Abandoned liquor
108 If a peace officer finds
liquor on any premises or in any place and the peace officer believes on
reasonable and probable grounds that there is no apparent owner of the liquor,
the peace officer may immediately seize and remove the liquor and containers,
and the liquor and containers are forfeited to the Crown.
RSA 2000 cG‑1
s108;2002 c15 s33
Seizure report
109 When liquor is seized by a
peace officer, a report in writing of the particulars of the seizure must be
made, if required by the Commission, in the manner directed by the Commission.
1996 cG‑0.5 s106
Disposition of liquor on
conviction
110 When a conviction under this
Act becomes final, any liquor and containers in respect of which the offence
was committed that were seized are, as part of the penalty for the conviction,
forfeited to the Crown.
1996 cG‑0.5 s107
Special situations
111(1) If a person charged with an offence under this
Act is not convicted, the Crown may apply to a justice for an order declaring
that any liquor and containers seized with respect to that charge are forfeited
to the Crown.
(2) A justice may grant the order after holding a
hearing in which notice is given to the persons specified by the justice in the
manner specified by the justice.
1996 cG‑0.5 s108
Forfeiture of seized
conveyance
112 On the conviction of the
occupant or person in charge of a vehicle for an offence under section 81, the
justice making the conviction may declare, as part of the penalty for the
conviction, that any vehicle seized pursuant to section 107 or pursuant to a
warrant is forfeited to the Crown.
1996 cG‑0.5 s109
Claims by interest
holders
113(1) Any person who claims an interest in any
liquor, container or vehicle that is forfeited to the Crown may apply by
originating notice to a judge of the Court of Queen’s Bench for an order under
subsection (6) or (7).
(2) Subsection
(1) does not apply to a person who was convicted of an offence that resulted in
the forfeiture.
(3) An
applicant has
(a) in
the case of a forfeiture under section 108, 90 days after the forfeiture to
apply to a judge, and
(b) in
any other case, 30 days after the forfeiture to apply to a judge.
(4) The
judge to whom an application is made under subsection (1) must fix a day for
the hearing that is not less than 30 days after the date of filing of the
application.
(5) The
applicant must serve a notice of the application and of the hearing on the
Minister of Justice and Attorney General at least 15 days before the day fixed
for the hearing.
(6) If,
on hearing an application involving abandoned liquor, the judge is satisfied
that the applicant has an interest in the liquor and containers, and it is
reasonable that the liquor and containers be released to the applicant or any
other person, the judge may grant an order cancelling the forfeiture and
requiring the liquor to be released to the applicant or other person.
(7) If,
on hearing an application involving an offence under this Act, the judge is
satisfied that
(a) the
applicant is innocent of any complicity in the offence or alleged offence that
resulted in the forfeiture and of any collusion in relation to that offence or
alleged offence with any person who may have committed the offence or alleged
offence, and
(b) it
was reasonable for the applicant to be satisfied that the person permitted to
obtain the property was not likely to use the property in contravention of this
Act or, in the case of a mortgagee or lienholder, that the mortgagor or the
person giving the lien was not likely to use the property in contravention of
this Act,
the applicant is entitled to an order declaring that the
applicant’s interest is not affected by the forfeiture and declaring the nature
and extent of the applicant’s interest.
1996 cG‑0.5 s110
Disposition of forfeited
liquor
114(1) Liquor that is forfeited to the Crown under
this Act must be disposed of or destroyed under the direction of the Minister
of Justice and Attorney General.
(2) Liquor that is forfeited to the Commission
under this Act must be disposed of or destroyed under the direction of the
Commission.
1996 cG‑0.5 s111
Taking intoxicated
person into custody
115(1) No person may be intoxicated in a public place.
(2) If
a peace officer on reasonable and probable grounds believes that a person is
intoxicated in a public place, the peace officer may, instead of charging the
person with an offence, take the person into custody to be dealt with in
accordance with this section.
(3) A
person in custody pursuant to subsection (2) may be released from custody at any
time if on reasonable and probable grounds the person responsible for the
custody believes that
(a) the
person in custody has recovered sufficient capacity that, if released, the
person is unlikely to injury himself or herself or be a danger, nuisance or
disturbance to others, or
(b) a
person capable of taking care of the person taken into custody undertakes to
take care of that person.
(4) A
person taken into custody under this section may not be held in custody for
more than 24 hours after being taken into custody.
(5) No action lies against a peace officer or other
person for anything done in good faith with respect to the apprehension,
custody or release of a person pursuant to this section.
1996 cG‑0.5 s112
Offences and Penalties
General offence
116 A person who contravenes
section 36, 37.1, 37.2, 39, 40, 41, 45, 46, 50, 64, 65(1), 66, 68, 69, 70, 71,
72, 73, 74, 75, 75.1, 77, 79, 81, 84, 86(2), 87, 89, 90, 99, 100, 101 or 115(1)
or a section in the regulations the contravention of which is designated by the
regulations to be an offence is guilty of an offence.
RSA 2000 cG‑1
s116;2002 c15 s34
General penalty
117(1) An individual who is convicted of an offence
for which no specific penalty has been provided is liable to a fine of not more
than $10 000 or to imprisonment for not more than 6 months, or to both the
fine and imprisonment.
(2) A corporation convicted of an offence for which
no specific penalty has been provided is liable to a fine of not more than
$50 000.
1996 cG‑0.5 s114
Provincial lottery
schemes
118 A person who contravenes
section 45 or 46 is liable to a fine of not more than $500 000 or to
imprisonment for not more than 12 months, or to both.
1996 cG‑0.5 s115
Adulteration of liquor
and prohibited sales
119(1) An individual who contravenes section 73 or 81
is liable to a fine of not more than $50 000 or to imprisonment for not
more than 12 months, or to both the fine and imprisonment.
(2) A corporation that contravenes section 73 or 81
is liable to a fine of not more than $100 000.
1996 cG‑0.5 s116
Liability of corporation
officials, partners
120(1) If a corporation commits an offence under this
Act, any officer, director, employee or agent of the corporation who directed,
authorized, assented to, acquiesced in or participated in the commission of the
offence is guilty of the offence and is liable to the punishment provided for
the offence, whether or not the corporation has been prosecuted for or
convicted of the offence.
(2) If a partnership that is the holder of a
licence commits an offence under this Act, every member of the partnership who
directed, authorized, assented to, acquiesced in or participated in the
commission of the offence is guilty of the offence and is liable to the
punishment provided for the offence, whether or not the partnership has been
prosecuted for or convicted of the offence.
1996 cG‑0.5 s117
Responsibility of
licensee
121 If an employee or an agent of
a licensee contravenes a provision of this Act, the licensee is deemed also to
have contravened the provision unless the licensee establishes on a balance of
probabilities that the licensee took all reasonable steps to prevent the
employee or agent from contravening the provision.
1996 cG‑0.5 s118
Responsibility of
occupant
122(1) In this section, “occupant” means a person who
is entitled to occupy a building that is not licensed premises or a licensed
facility.
(2) If an employee or agent of an occupant
contravenes a provision of this Act in the building of an occupant, the
occupant is deemed also to have contravened the provision unless the occupant
can establish on a balance of probabilities that the occupant took all
reasonable steps to prevent the employee or agent from contravening the
provision.
1996 cG‑0.5 s119
Prosecution and Evidence
Description of offence
123(1) In describing an offence respecting
(a) the
sale or keeping for sale or other disposal of liquor, or
(b) the
purchasing, giving, receiving, possessing, storing, transporting, using,
consuming or importing of liquor,
in any information,
summons, conviction, warrant or proceeding under this Act, it is not necessary
to state the name or kind of liquor or the price of it.
(2) It
is not necessary to state in any information, summons, conviction, warrant or
proceeding under this Act
(a) the
person to whom liquor was sold or disposed of,
(b) the
person by whom liquor was taken or consumed,
(c) the
person from whom liquor was purchased or received, or
(d) the quantity of liquor sold, kept for sale,
disposed of, purchased, given, received, possessed, stored, transported, used,
consumed or imported except in the case of offences where the quantity is
essential, and then it is sufficient to allege that the liquor was more or less
than that quantity.
1996 cG‑0.5 s120
Certificate of analysis
124(1) The Minister may designate any person to act as
an analyst with respect to any analysis or description of any ingredient,
quality or quantity of any substance for the purposes of or in connection with
this Act.
(2) In every prosecution under this Act, the
certificate of analysis furnished by an analyst designated under subsection (1)
must be accepted as proof, in the absence of evidence to the contrary, of the
facts stated in it and of the authority of the person giving or issuing the
certificate without proof of the appointment or signature of the analyst.
1996 cG‑0.5 s121
Evidence by certificate
125(1) A copy of a book, document, voucher or other
paper obtained under this Act and certified by an inspector to be a true copy
must be admitted in evidence in any action, proceeding or prosecution under
this Act as proof, in the absence of evidence to the contrary, of the original
record without proof of the appointment or signature of the inspector.
(2) A certificate purporting to be signed by the chief
executive officer or a person authorized by the chief executive officer that
sets out any action or decision of the Commission or the board must be admitted
in evidence as proof, in the absence of evidence to the contrary, of the facts
stated in the certificate without proof of the signature or the official
character of the person signing it.
1996 cG‑0.5 s122
Actions against a
corporation
126 In all prosecutions under this Act
against a corporation, each summons, warrant, order, writ or other document may
be served on the corporation
(a) by
being delivered to an officer, attorney or agent of the corporation within
Alberta,
(b) by
being left at any place within Alberta where the corporation carries on any
business,
(c) by
being left at the registered office of the corporation, or
(d) in any other manner authorized by law.
1996 cG‑0.5 s123
Proof of incorporation
127 In any prosecution, action or
proceeding under this Act in which it is alleged that a corporation is or has
been guilty of an offence under this Act, the fact of the incorporation of the
corporation must be presumed, unless satisfactory proof is produced to the
contrary.
1996 cG‑0.5 s124
Disposition of fines
128(1) Subject to the regulations, a fine imposed and
collected pursuant to a conviction for an offence occurring in a municipality
enures to the benefit of the municipality.
(2) Any fine or penalty imposed under this Act on a
conviction for an offence occurring in an Indian reserve or Metis settlement
elsewhere than on a primary highway or on a road designated as a secondary road
under the Public Highways Development Act
enures to the benefit of the Indian band or Metis settlement.
1996 cG‑0.5 s125
Board decision to be
final
128.1 A decision of the board under this Act is
final.
2002 c15 s35
Part 6
Regulations
Lieutenant Governor in
Council regulations
129(1) The Lieutenant Governor in Council may make
regulations
(a) defining,
for the purposes of this Act, words and phrases that are not defined in the
Act;
(b) specifying,
for the purposes of the definition of gaming supplies in section 1(1)(j),
things that are not gaming supplies;
(c) specifying,
for the purposes of the definition of gaming worker in section 1(1)(k), persons
who are not gaming workers;
(d) prescribing
the percentage of alcohol by volume for the purposes of the definition of
liquor in section 1(1)(q);
(e) specifying
connections for the purposes of the definition of liquor supplier in section
1(1)(t);
(f) establishing
classes of gaming licences, facility licences and liquor licences;
(g) establishing
classes of registration in respect of
(i) gaming workers,
(i.1) persons who provide gaming workers to gaming licensees,
(ii) people who deal in gaming terminals or gaming supplies, and
(iii) liquor agents, representatives and others who are required to be
registered under Part 3;
(h) respecting
application procedures for licences and registration, including requirements
relating to the advertising of applications and procedures for obtaining and
dealing with public responses to applications;
(i) respecting
conditions and eligibility requirements that must be met before a licence is
issued or a person is registered;
(j) respecting
when licences and registrations expire, the transfer of licences and the
posting of licences, notices and information by licensees and registrants;
(k) respecting
conditions that may be imposed on registrations;
(l) respecting
fees for licences and registrations;
(m) respecting
the requirements and consequences that apply despite anything in this Act
(i) if a licensee sells or assigns the business under which the
activities authorized by the licence are carried out, or becomes dispossessed
of the business by bankruptcy or operation of law, or
(ii) if a licensee who is an individual dies;
(n) respecting
relationships and activities between
(i) liquor suppliers, their officers, directors and employees and
liquor agencies and representatives that are required to be registered under
Part 3, and
(ii) liquor licensees and their businesses and property, and the
board, the Commission and its employees or agents;
(o) respecting
relationships and activities between
(i) liquor licensees and their officers, directors and employees, and
(ii) the board, the Commission, its employees and persons who provide
services for or on behalf of the Commission;
(p) respecting
agreements between liquor suppliers and liquor licensees that are permitted for
the purposes of section 66;
(q) respecting
the days and hours when liquor may be sold, given or consumed on licensed
premises;
(r) authorizing
a municipality to pass bylaws in respect of specified classes of events and
classes of licensed premises that prescribe
(i) the hours of sale and consumption of liquor on the licensed
premises, and
(ii) the areas of the licensed premises where the sale and consumption
of liquor may occur;
(s) prescribing,
for the purposes of section 71,
(i) classes of licensed premises, and
(ii) when a liquor licensee or an employee or agent of a liquor
licensee may be in licensed premises;
(t) respecting
the quantities of wine, cider and beer that an adult may make under section
86(1);
(u) respecting
the kind and quantity of liquor that an adult may import under section 86(3);
(v) respecting
gifts of liquor;
(w) respecting
licensed premises and facilities, including the persons who may be on licensed
premises or facilities, the food service at licensed premises or facilities and
the activities that may be carried on in and near licensed premises or
facilities;
(x) respecting
the display, manufacture, import, purchase, sale, transport, giving,
possession, storage, use and consumption of liquor;
(y) designating
sections in the regulations the contravention of which is an offence;
(z) respecting
any other matter or thing that the Lieutenant Governor in Council considers
necessary to carry out the intent of this Act.
(2) Regulations under this section may apply
generally or to a specific licensee or registrant, specific licensed premises
or a specific licensed facility or a specific circumstance or situation.
RSA 2000 cG‑1
s129;2002 c15 s36
Board regulations
130 The board may make regulations
(a) excluding
products from the definition of liquor for the purpose of section 1(1)(q);
(b) specifying
the provisions of this Act that apply to a class or type of liquor;
(c) establishing provisions that are in addition
to or replace provisions of this Act in respect of a class or type of liquor.
1996 cG‑0.5 s127