Legislative Assembly of New Brunswick
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An Act to Amend the Liquor Control Act

Legislature :
55
Session :
2
Bill No. :
36
Member :
Hon. Steeves
First Reading :
2005-3-31
Second Reading :
2005-4-5
Committee of the Whole :
2005-4-12
2005-4-13
Amended :
2005-4-13
Third Reading :
2005-4-14
Royal Assent :
2005-4-14
Download PDF :
Bill 36

Text 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;



EXPLANATORY NOTES



Section 1



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.



Section 2



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.



Section 3



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.



Section 4



The regulation-making authority is expanded.

 

Amendment : Amend the said Bill as follows:

Section 3

In subsection 124(1), strike out "if any,".


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