Section 1 definition of "local government", paragraph (c) BEFORE amended by 2018-29-144, effective October 1, 2018 (BC Reg 186/2018).
(c) in relation to a local trust area under the Islands Trust Act, the local trust committee or the executive committee acting as local trust committee for that area;
Section 2 (c) BEFORE amended by 2023-10-502, effective March 30, 2023 (Royal Assent).
(c) a medical practitioner or nurse practitioner from providing liquor or a preparation containing liquor for medical purposes if allowed to do so in the scope of practice of his or her profession.
Section 6 (part) and (a) BEFORE amended by 2018-29-145, effective October 1, 2018 (BC Reg 186/2018).
6 A person who is engaged in the administration of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to another person except
(a) if the disclosure is for the purposes of the administration of this Act,
Section 15 (2) (b) BEFORE amended by 2018-23-3, effective May 31, 2018 (Royal Assent).
(b) the areas in an establishment or a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;
Section 19 (2) (c) BEFORE amended by 2018-29-146(a), effective October 1, 2018 (BC Reg 186/2018).
(c) if the application relates to a licence other than a licence of a prescribed class of licences, the applicant is not the owner or, subject to subsection (3), the lessee of the place or premises in respect of which the licence has been or is proposed to be issued;
Section 19 (3) BEFORE amended by 2018-29-146(b), effective October 1, 2018 (BC Reg 186/2018).
(3) The general manager must not issue or transfer a licence to a person or renew or amend a licensee's licence if the person or the licensee is a lessee of the place or premises under a lease that is not of a duration that is satisfactory to the general manager.
Section 26 (2) (b) BEFORE amended by 2018-23-4, effective May 31, 2018 (Royal Assent).
(b) the areas at an event site or in a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;
Section 31 (2) (b) BEFORE amended by 2018-23-5, effective May 31, 2018 (Royal Assent).
(b) the areas at an event site or in a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;
Section 40 (3) and (4) BEFORE repealed by 2018-29-147, effective October 1, 2018 (BC Reg 186/2018).
(3) Despite section 10 of the Islands Trust Act, the trust council as defined in that Act may delegate its powers and duties under section 38 (2) or (3) of this Act.
(4) If the trust council referred to in subsection (3) delegates its powers and duties under section 38 (3),
(a) the trust council must, by bylaw, establish procedures for a reconsideration of delegated comments and recommendations, including how a person may apply for a reconsideration,
(b) in undertaking a reconsideration referred to in paragraph (a) of this subsection, the trust council has the same authority as that conferred on the delegate, and
(c) the delegate must advise the applicant whose application is the subject of the delegated comments and recommendations of the applicant's right of reconsideration.
Section 47 (3) (b) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(b) in respect of liquor that has been destroyed under subsection (1) (b) by a peace officer, require the police force of which the peace officer who seized the liquor is a member to compensate the person, or
Section 49 (2) BEFORE amended by 2018-23-6, effective May 31, 2018 (Royal Assent).
(2) If a licensee fails to report information as required by section 59 or pay a fee required to maintain the licensee's licence, the general manager may, on written notice to the licensee, suspend all or part of the licensee's licence until the report is made or the fees are paid, or cancel the licence.
Section 53.1 (13) BEFORE amended by 2018-29-148, effective October 1, 2018 (BC Reg 186/2018).
(13) A monetary penalty paid in accordance with a section 51 order must be refunded if the requirement to pay the penalty has been rescinded by a reconsideration order.
Section 55 (1) BEFORE amended by 2018-23-7, effective May 31, 2018 (Royal Assent).
(1) If the general manager imposes a monetary penalty under section 51 (2) (b) or 53.1 or suspends all or part of a licensee's licence or permittee's permit under section 51 (2) (c) or 53.1, a prosecution for an offence for contravention of the same provision of this Act or the regulations in respect of the circumstances that gave rise to the penalty or suspension may not be brought against the person.
Section 57 (1) and (2) (part) BEFORE amended by 2018-29-150, effective October 1, 2018 (BC Reg 186/2018).
57 (1) A person commits an offence if the person
(a) contravenes section 7 (1) or (2), 8 (2) or (3), 10 (3) or (6), 44 (6), 46, 60 (1), (2) or (3), 61 (2) or (4), 64 (1), 73 (1), 74 (1), 75, 76 (2), 77 (1), 78 (1), (2) or (3) or 79 (1),
(b) contravenes section 62 (1) or (2) when not exempted under section 62 (3), or
(c) provides false or misleading information in the following circumstances:
(i) when making an application referred to in section 12;
(ii) when making a report or when required and as specified by the general manager under section 59.
(2) A person who commits an offence under subsection (1) in respect of section 8 (2) (a), (b), (c) or (d) or (3) is liable,
Section 61 (6) BEFORE amended by 2018-29-151, effective October 1, 2018 (BC Reg 186/2018).
(6) A peace officer may arrest, without warrant, a person contravening or suspected of contravening subsection (4).
Section 61 (3) (b) (part) BEFORE amended by 2023-10-504, effective March 30, 2023 (Royal Assent).
(b) if he or she believes the presence of a person in an establishment or at an event site is undesirable or that the person has, without lawful excuse, a knife or weapon in the person's possession,
Section 73 (2) BEFORE amended by 2021-15-60, effective June 30, 2021 (BC Reg 173/2021).
(2) Subject to subsection (3) and the regulations, a public place, or part of it, may be designated, by a bylaw of the municipality or regional district that has jurisdiction over the public place, as a place where liquor may be consumed.
Section 74 (2) BEFORE amended by 2018-29-152, effective October 1, 2018 (BC Reg 186/2018).
(2) A peace officer may arrest, without a warrant, a person who is intoxicated in a public place.
Section 78 (4) (a) BEFORE amended by 2024-16-175,Sch 2, effective May 1, 2025 (BC Reg 48/2025).
(a) who is employed or contracted by a municipal police board, the provincial police force or the general manager to test the compliance of a licensee, permittee or liquor store with the requirements under this Act respecting minors, and
Section 79 BEFORE re-enacted by 2018-23-8, effective May 31, 2018 (Royal Assent).
Minors in establishment, event site or liquor store
79 (1) A licensee or permittee, or an employee of either of them, or a person who sells liquor in a liquor store must not allow a minor to enter or to be in the service area or liquor store if it is prohibited by the terms or conditions of the licence, authorization or permit or by the regulations.
(2) A licensee or permittee must not employ a minor in an establishment or at an event site except as provided in the regulations.
Section 83 (b) was brought into force by 2015-19-83(b), effective October 1, 2018 (BC Reg 186/2018).
2015-19-83(b) was amended before being brought into force by 2018-29-153.
Section 83 (b) BEFORE amended by 2018-29-153, effective October 1, 2018 (BC Reg 186/2018).
(b) allowing all or a portion of the fees referred to in paragraph (a) (iii) to be collected and retained by a person who provides a training or recertification program as remuneration for the provision of the training or recertification program;
Section 86 (3) and (4) BEFORE amended by 2023-10-506, effective March 30, 2023 (Royal Assent).
(3) Without limiting another power of the general manager under this Act to impose terms and conditions on an instrument or to suspend, rescind or amend terms and conditions of an instrument, a regulation under subsection (2) may specify that the terms and conditions to which a class of instrument, once converted under that subsection, is subject
(a) are those imposed by the general manager under his or her authority under this Act on the coming into force of this section in respect of the class of instrument into which the instrument under the former Act is converted,
(b) are, despite this Act and the regulations under this Act, those imposed immediately before the coming into force of this section under the former Act or by the general manager under his or her authority under the former Act in respect of the converted class or category of instrument, or
(c) include, despite this Act and the regulations under this Act, prescribed terms and conditions imposed immediately before the coming into force of this section under the former Act or by the general manager under his or her authority under the former Act in respect of the converted class or category of instrument.
(4) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for conversion, on the coming into force of this section, of an application for a class or category of instrument under the former Act to an application for a class of instrument established under this Act, if the application is
(i) received by the general manager before this section comes into force, and
(ii) outstanding on the date this section comes into force;
(b) allowing an application for a class or category of instrument under the former Act that is
(i) received by the general manager before this section comes into force, and
(ii) outstanding on the date this section comes into force
to continue as if the former Act and the regulations under the former Act were not repealed, until the general manager has completed his or her review of the application.
Section 89 (1) to (3) BEFORE repealed by 2015-19-89(4), effective January 23, 2020 [3 years after s. 89 coming into force].
(1) Despite this Act, the Lieutenant Governor in Council may make regulations
(a) respecting a matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act,
(b) that the Lieutenant Governor in Council considers necessary or advisable for the purposes of more effectively bringing this Act into operation, and
(c) resolving errors, inconsistencies or ambiguities in this Act that arise in bringing this Act into operation.
(2) Without limiting subsection (1), and despite this Act, the Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable for the purposes of preventing or minimizing transitional difficulties or otherwise addressing transitional matters encountered in bringing this Act into operation, including, without limitation, regulations that
(a) disapply, vary or provide an exception to, or modification of, a provision of this Act or the regulations under this Act, or
(b) provide for the continued application of a provision of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, or the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002.
(3) A regulation under subsection (1) or (2) ceases to have effect 3 years after the date this section comes into force.