BILL NO. 40

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Liquor Control Act
(amended)



The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations



First Reading: April 26, 2011

(Explanatory Note)

Second Reading: May 5, 2011

Third Reading: May 12, 2011 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Note

This Bill amends the Liquor Control Act to

(a) transfer liquor licensing responsibilities from the Nova Scotia Utility and Review Board to Service Nova Scotia and Municipal Relations and provide for the appointment of an Executive Director to carry out these responsibilities;

(b) remove the requirement that a license applicant be a resident of Canada or a Canadian citizen;

(c) authorize Service Nova Scotia and Municipal Relations through the Executive Director to be the first-level decision-maker regarding minor regulatory infractions;

(d) provide an appeal process for a licensee or applicant from a decision of the Executive Director to the Utility and Review Board;

(e) permit the holding of an oral hearing by the Utility and Review Board on an appeal or a referral from the Executive Director; and

(f) replace mandatory formal hearings, for the granting of certain types of liquor licences, with a public consultation process to be defined by regulation.

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An Act to Amend Chapter 260
of the Revised Statutes, 1989,
the Liquor Control Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001 and Chapter 30 of the Acts of 2002, is further amended by

(a) striking out "the Department of Environment and Labour" in the first and second lines of clause (da) and substituting "Service Nova Scotia and Municipal Relations"; and

(b) adding immediately after clause (da) the following clause:

2 (1) Subsection 14(1) of Chapter 260, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) striking out "Environment and Labour" in the first and second lines and substituting "Service Nova Scotia and Municipal Relations";

(b) striking out clause (a) and substituting the following clause:

and

(c) striking out "Environment and Labour" in the second and third lines of clause (d) and substituting "Service Nova Scotia and Municipal Relations".

(2) Subsection 14(2) of Chapter 260, as enacted by Chapter 28 of the Acts of 2000, is amended by striking out "Environment and Labour" in the first and second and in the fourth lines and substituting in each case "Service Nova Scotia and Municipal Relations".

3 Chapter 260 is further amended by adding immediately after Section 31 the following Section:

4 Section 40 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Environment and Labour" in the second and in the fourth lines and substituting in each case "Service Nova Scotia and Municipal Relations".

5 Section 46A of Chapter 260 is repealed and the following Section substituted:

6 (1) Subsection 47(1) of Chapter 260 is repealed and the following subsection substituted:

(2) Subsection 47(3) of Chapter 260 is repealed and the following subsection substituted:

(3) Subsection 47(4) of Chapter 260 is repealed.

7 Chapter 260 is further amended by adding immediately after Section 47 the following Sections:

8 (1) Clause 48(1)(a) of Chapter 260, is amended by adding ", sell" immediately after "have" in the second line.

(2) Clause 48(3)(a) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out ", a permanent resident of Canada or a Canadian citizen by birth or naturalization" in the second and third lines; and

(b) striking out "Review Board" in the last line and substituting "Executive Director".

(3) Section 48 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (3) the following subsection:

(4) Subsection 48(4) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the first line and substituting "Minister of Service Nova Scotia and Municipal Relations".

(5) Subsection 48(9) of Chapter 260 is repealed.

9 (1) Subsection 49(1) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Environment and Labour" in the first, in the sixth and in the seventh lines and substituting in each case "Service Nova Scotia and Municipal Relations".

(2) Subsection 49(2) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Environment and Labour" in the second and in the fourth lines and substituting in each case "Service Nova Scotia and Municipal Relations";

(b) striking out "Review Board" in the fifth and sixth lines of clause (a) and substituting "Executive Director"; and

(c) striking out "Review Board" in the second line of clause (b) and substituting "Executive Director".

(3) Subsection 49(3) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Environment and Labour" each time it appears in the second line and in the fifth, in the ninth and in the tenth lines and substituting in each case "Service Nova Scotia and Municipal Relations".

(4) Subsection 49(4) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the fifth line and substituting "Executive Director".

(5) Subsection 49(5) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the fifth line and substituting "Executive Director".

(6) Subsection 49(6) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Minister of Environment and Labour" in the ninth line and substituting "Executive Director".

(7) Subsection 49(7) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Environment and Labour" in the first and in the third lines and substituting in each case "Service Nova Scotia and Municipal Relations".

(8) Subsection 49(8) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board" in the first line and substituting "Executive Director"; and

(b) striking out everything after "unless" in the third line and substituting "public consultation has taken place in the form and manner prescribed by the regulations.".

(9) Subsection 49(9) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board" in the second line and substituting "Executive Director"; and

(b) striking out everything after "without" in the third line and substituting "further public consultation.".

(10) Subsection 49(10) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the fourth line and substituting "Minister of Service Nova Scotia and Municipal Relations".

(11) Subsection 49(11) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the first line and substituting "Minister of Service Nova Scotia and Municipal Relations".

(12) Clause 49(11)(b) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the fifth line and substituting "Minister of Service Nova Scotia and Municipal Relations".

(13) Subsection 49(12) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board" in the first line and substituting "Executive Director"; and

(b) striking out everything after "unless" in the fourth line and substituting "public consultation has taken place in the form and manner prescribed by the regulations.".

(14) Subsection 49(13) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Minister of Environment and Labour" in the first line and substituting "Executive Director"; and

(b) striking out "with the approval of the Review Board" in the fourth and fifth lines.

(15) Subsection 49(14) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the first line and substituting "Executive Director".

10 Section 50 of Chapter 260, as amended by Chapter 28 of the Acts of 2000 and Chapter 42 of the Acts of 2007, is further amended by

(a) adding immediately after clause (e) the following clause:

(b) adding immediately after clause (g) the following clauses:

(c) striking out "Minister of Environment and Labour" in the second line of clause (i) and substituting "Executive Director";

(d) striking out "Environment and Labour" in the third line of clause (k) and substituting "Service Nova Scotia and Municipal Relations";

(e) adding immediately after clause (l) the following clauses:

(f) adding "the Executive Director," immediately before "the Minister" in the fourth line of clause (m).

(g) striking out "Environment and Labour" in the last line of clause (m) and substituting "Service Nova Scotia and Municipal Relations";

(h) striking out the semicolon at the end of clause (m) and substituting a period; and

(i) striking out clause (n).

11 (1) Subsection 61(2) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board in the second line and substituting "Executive Director"; and

(b) striking out "its" in the second line and substituting "the Executive Director's".

(2) Subsection 61(3) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board" in the first line and substituting "Executive Director"; and

(b) striking out "it" before "deems" in the second line and substituting "the Executive Director".

(3) Subsection 61(4) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "Review Board" in the first line and substituting "Executive Director".

(4) Subsection 61(5) of Chapter 260, as amended by Chapter 28 of the Acts of 2000, is further amended by

(a) striking out "Review Board" in the first line and substituting "Executive Director"; and

(b) striking out "its" in the first line and substituting "the Executive Director's".

12 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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