of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended by adding after section 72 the following:
72.1(1) It is a condition of every licence of a class referred to in paragraph 63(a), (b), (b.1), (c), (d), (e), (g), (h), (i) and (j) that the licensee comply with section 7, subsection 8(1) and section 9 of the Smoke-free Places Act within the premises in respect of which his licence has been issued.
72.1(2) The condition stated in subsection (1) applies to a licence described in subsection (1) whether issued or renewed before or after the commencement of this section.
2 Section 124.2 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out "subsections (2)" and substituting "subsections (1.1), (2)";
(b) by adding after subsection (1) the following:
124.2(1.1) The Adjudicator may cancel a licence of a class referred to in subsection 72.1(1) or suspend the licence for a period the Adjudicator considers proper where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.1(1).
3 The Act is amended by adding after section 124.41 the following:
124.42(1) Notwithstanding any other provision of this Act, the Minister may without a hearing and in accordance with the regulations, if any, cancel a licence of a class referred to in subsection 72.1(1) or suspend the licence for a period of time the Minister considers appropriate if the licensee has been convicted of an offence under section 7, subsection 8(1) or section 9 of the Smoke-free Places Act that took place within the premises in respect of which the licence was issued.
124.42(2) A decision of the Minister under subsection (1) is final.
4 Subsection 200(1) of the Act is amended by adding after paragraph (q.13) the following:
(q.14) respecting the cancellation or suspension of a licence under section 124.42;
A condition is added to certain licences issued under the Act in respect of compliance by the licensee with certain provisions under the Smoke-free Places Act.
This section provides the options for an adjudicator when a licensee is found to have breached the condition added to his licence under section 1 of this amending Act.
This section permits the Minister of Public Safety to cancel or suspend a licence, without a hearing and in accordance with the regulations, if any, where a licensee has been convicted under a specified provision of the Smoke-free Places Act that took place in premises in respect of which his licence was issued.
The regulation-making authority is expanded.