Section 1 (1) definition of "authorized vendor", paragraph (c) BEFORE amended by 2013-12-16(a), effective November 22, 2013 (BC Reg 231/2013).
(c) a person, other than a manufacturer, to whom a licence is issued under section 12 of the Liquor Control and Licensing Act,
Section 1 (1) definition of "alcohol" BEFORE repealed by 2014-13-37(b), effective May 29, 2014 (Royal Assent).
"alcohol" means the product of distillation of a fermented liquid of any origin, that is rectified at least once, and includes synthetic ethyl alcohol;
Section 1 (1) definition of "ethyl alcohol" was added by 2014-13-37(f), effective May 29, 2014 (Royal Assent).
Section 1 (1) definition of "grain alcohol" BEFORE repealed by 2014-13-37(g), effective May 29, 2014 (Royal Assent).
"grain alcohol" means alcohol manufactured from grain;
Section 1 (1) definition of "liquor" BEFORE amended by 2014-13-37(h), effective May 29, 2014 (Royal Assent).
"liquor" means
(a) fermented, spirituous and malt liquors,
(b) combinations of liquors, and
(c) drinks and drinkable liquids that are intoxicating,
and includes beer, or a substance that, by being dissolved or diluted, is capable of being made a drinkable liquid that is intoxicating and which substance is declared by order of the Lieutenant Governor in Council to be liquor;
Section 1 (2) BEFORE amended by 2014-13-37(j), effective May 29, 2014 (Royal Assent).
(2) For the purposes of this Act, liquor that contains more than 1% alcohol by volume is conclusively deemed to be intoxicating.
Section 1 (1) definition of "listing committee" BEFORE repealed by 2015-23-24, effective May 14, 2015 (Royal Assent).
"listing committee" means the listing committee appointed under section 15;
Section 1 (1) definition of "authorized vendor", paragraph (c) BEFORE amended by 2014-13-37(d), effective July 28, 2015 (BC Reg 146/2015).
(c) a person, other than a manufacturer, to whom a licence is issued under section 7 or 12 of the Liquor Control and Licensing Act,
(c.1) a person authorized to sell liquor by auction under section 7.2 or 7.3 of the Liquor Control and Licensing Act,
Section 1 (1) definition of "authorized vendor", paragraph (c.1) was added by 2013-12-16(b), effective November 22, 2013 (BC Reg 231/2013).
Section 1 definition of "authorized vendor", paragraphs (c), (c.01) and (c.1) BEFORE amended by 2015-19-101(c), effective January 23, 2017 (BC Reg 241/2016).
(c) a person to whom a licence is issued under section 7 or 12 of the Liquor Control and Licensing Act other than, subject to paragraph (c.01) of this definition, a manufacturer,
(c.01) a manufacturer for the purposes of selling liquor under section 53 (1) (b) of the Liquor Control and Licensing Act,
(c.1) a person authorized to sell liquor by auction under section 7.2 or 7.3 of the Liquor Control and Licensing Act,
Section 1 (1) definition of "establishment" BEFORE repealed by 2015-19-101(d), effective January 23, 2017 (BC Reg 241/2016).
"establishment" means a place or premises that may comply with the requirements of the Liquor Control and Licensing Act and regulations under it prescribing the qualifications of a place or premises for which licences may be issued;
Section 1 (1) definition of "ethyl alcohol" BEFORE amended by 2015-19-101(e), effective January 23, 2017 (BC Reg 241/2016).
"ethyl alcohol" has the same meaning as in section 1 (1) of the Liquor Control and Licensing Act;
Section 1 (1) definition of "licensee" BEFORE amended by 2015-19-101(f), effective January 23, 2017 (BC Reg 241/2016).
"licensee" means a person licensed under the Liquor Control and Licensing Act to sell liquor;
Section 1 (1) definition of "liquor" BEFORE amended by 2015-19-101(g), effective January 23, 2017 (BC Reg 241/2016).
"liquor" has the same meaning as in section 1 (1) of the Liquor Control and Licensing Act;
Section 1 (1) definition of "manufacturer's agent" BEFORE amended by 2015-19-101(h), effective January 23, 2017 (BC Reg 241/2016).
"manufacturer's agent" means a person who
(a) is an agent within the meaning of the Liquor Control and Licensing Act, and
(b) holds a valid agent's licence under section 52 of that Act;
Section 1 (1) definition of "unlicensed manufacturer" BEFORE amended by 2015-19-101(i), effective January 23, 2017 (BC Reg 241/2016).
"unlicensed manufacturer" means a person who manufactures liquor that the person is not licensed to manufacture under section 12 or 57 of the Liquor Control and Licensing Act;
Section 1 (1) definition of "authorized vendor", paragraph (c.2) was added by 2018-23-9, effective July 16, 2018 (BC Reg 155/2018).
Section 3 (b) BEFORE repealed by 2003-77-42, effective April 1, 2009 (BC Reg 419/2008).
(b) a proprietary medicine under the Food and Drug Act (Canada);
Section 3 (a), (c) and (d) BEFORE repealed by 2014-13-38, effective May 29, 2014 (Royal Assent).
(a) a pharmaceutical preparation referred to in section 60 (1) (a) of the Liquor Control and Licensing Act;
(c) wood alcohol or denatured alcohol to which the Liquor Control and Licensing Act does not apply under section 60 (1) (c) of that Act;
Section 3 BEFORE re-enacted by 2015-19-102, effective January 23, 2017 (BC Reg 241/2016).
Application of the Act
3 This Act does not apply to or prevent the manufacture, importation, sale, purchase or possession of any of the following:
(c) to (d) [Repealed 2014-13-38.]
(e) a medicinal preparation referred to in section 62 (1) of the Liquor Control and Licensing Act;
(f) a preparation referred to in section 62 (3) of the Liquor Control and Licensing Act;
(g) wine referred to in section 63 of the Liquor Control and Licensing Act;
(h) wine, beer or cider in an establishment licensed under section 12.1 of theLiquor Control and Licensing Act.
Section 4 (1) (a) and (a.1) BEFORE repealed by 2015-19-103, effective January 23, 2017 (BC Reg 241/2016).
Government to maintain control of liquor in British Columbia
4 (1) A person must not possess liquor in British Columbia unless
(a) the person is, in respect of the liquor, the person referred to in section 55 (2) of the Liquor Control and Licensing Act,
(a.1) the person is in possession of the liquor pursuant to a licence issued under section 12.1 of the Liquor Control and Licensing Act;
Section 6 (5) (d) (ii) BEFORE amended by 2014-13-39, effective July 28, 2015 (BC Reg 146/2015).
(ii) an authorized vendor referred to in paragraphs (c) or (d) of the definition of "authorized vendor", or
Section 10.1 (2) BEFORE amended by 2003-71-53, effective March 29, 2004 (BC Reg 64/2004).
(2) For the definition of "associate" in subsection (1), a corporation is affiliated with another corporation if it is an affiliate of the other corporation within the meaning of the Company Act.
Section 10.1 (1) definition of "associate" (part) BEFORE amended by BC Reg 346/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 346/2006).
"associate", in relation to an applicant or an approved operator means
Section 11 (2) (a) BEFORE amended by 2002-48-41(a), effective April 24, 2003 (BC Reg 178/2003).
(a) may enter the business premises of a manufacturer, manufacturer's agent, distributor, authorized importer or independent importer during business hours for the purposes of
(i) inspecting any records and things that may be relevant to the inspection, and
(ii) ascertaining the quantities of liquor on hand or sold by the manufacturer, manufacturer's agent, distributor, authorized importer or independent importer, and
Section 11 (4) BEFORE amended by 2002-48-41(a), effective April 24, 2003 (BC Reg 178/2003).
(4) A person conducting an inspection under this section may request the production of all records of a manufacturer, manufacturer's agent, distributor, authorized importer or independent importer that may be relevant to the inspection, including, without limitation,
Section 11 (4) (j) BEFORE amended by 2002-48-41(b), effective April 24, 2003 (BC Reg 178/2003).
(j) any other records that touch on any of the matters referred to in sections 4 to 10.
Section 11.2 (1) (b) BEFORE amended by 2016-4-35, effective September 1, 2016 (BC Reg 191/2016).
(b) information, affidavits and documents that
(i) an applicant for approval under section 11.3, and
(ii) the approved operator of premises
must create, keep and provide to the general manager at the times required by the general manager, and
Section 11.3 (1) (a) (ii) BEFORE amended by 2016-4-35, effective September 1, 2016 (BC Reg 191/2016).
(ii) the information, affidavits and documents required by the general manager under section 11.2, and
Section 11.5 (2) (c) BEFORE amended by BC Reg 346/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 346/2006).
(c) directors, officers employees or associates of applicants or approved operators.
Section 13 (e) BEFORE amended by 2007-14-210,Sch, effective December 1, 2007 (BC Reg 354/2007).
(e) to perform all other acts required to properly and efficiently administer the general manager's responsibilities as defined by the minister and under this Act and regulations.
Section 14 (3) BEFORE amended by 2015-23-25, effective May 14, 2015 (Royal Assent).
(3) Subject to the Litter Act and the regulations under it, the general manager may
(a) make orders respecting the return and recycling of bottles obtained by the branch, and
(b) establish and operate bottle return depots or make agreements with other persons to establish and operate them.
Section 15 (1) BEFORE amended by 2002-48-43, effective May 30, 2002 (Royal Assent).
15 (1) The minister or person designated in writing by the minister for the purposes of this subsection must appoint a listing committee to consist of
(a) the general manager as chair, and
(b) other members appointed by the minister or person designated in writing by the minister for the purposes of this subsection.
Section 15 (5) BEFORE repealed by 2002-48-43, effective May 30, 2002 (Royal Assent).
(5) A decision of the general manager as to the matters in subsection (3) (c) is final and no appeal lies to the Liquor Appeal Board established under the Liquor Control and Licensing Act or to a court in any manner, unless there is a denial of natural justice.
Section 15 BEFORE repealed by 2015-23-26, effective May 14, 2015 (Royal Assent).
Listing committee
15 (1) The minister or person designated in writing by the minister for the purposes of this subsection must appoint a listing committee to consist of members appointed by the minister or person designated in writing by the minister for the purposes of this subsection.
(2) The members of the listing committee are entitled to receive the remuneration set by the minister and to be reimbursed for travelling and out of pocket expenses in attending meetings of the listing committee.
(3) The listing committee must advise the general manager respecting the following:
(a) the addition of new listings to the inventory of liquor products for sale to the public;
(b) the delisting of a liquor product already listed;
(c) the size, nature, form and capacity of containers and packages used for liquor products kept for sale under this Act.
(4) The general manager has sole power and authority over matters referred to in subsection (3).
Section 16 BEFORE repealed by 2002-48-44, effective May 30, 2002 (Royal Assent).
Appeals
16 (1) In this section, "appeal board" means the Liquor Appeal Board established under the Liquor Control and Licensing Act.
(2) If the general manager makes a decision, with respect to the inventory of liquor products for sale to the public, to
(a) refuse to add a new listing to the inventory, or
(b) delist a liquor product listed in the inventory,
a person whose product has been refused or delisted may, within 30 days of the decision, appeal the decision to the appeal board.
(3) Unless otherwise provided in this Act or the regulations, the Liquor Control and Licensing Act and the regulations under that Act apply to appeals under this section.
(4) A decision by the appeal board in respect of an appeal under this section is final and, unless there is a denial of natural justice, may not be questioned, reviewed or restrained by a court in any manner.
(5) An appeal under this section must not be disposed of by a new trial, but must be reviewed by the appeal board solely on the basis of
(a) whether an application for a listing was given fair consideration in comparison with other applications in that product category for listing at that time, and
(b) whether the general manager applied normal commercial considerations in reaching a decision on a listing or a delisting.
(6) In disposing of an appeal, the appeal board may
(a) affirm the general manager's decision,
(b) return the decision to the general manager for reconsideration, or
(c) reverse the general manager's decision.
(7) The appeal board may establish rules, practices and procedures, not inconsistent with any regulations made under this Act, to be followed by the appeal board in performing its duties and functions and exercising its powers.
Section 17 BEFORE repealed by 2015-23-28, effective May 14, 2015 (Royal Assent).
Purchase of liquor
17 (1) An order for the purchase of liquor by the government must be authorized and signed by the general manager, or an officer of the branch appointed by the general manager in writing.
(2) An order under subsection (1) is not valid unless authorized and signed.
(3) A duplicate of every order under subsection (1) must be kept on file in the office of the general manager.
(4) This section does not apply to liquor acquired by the branch under section 19.
Section 18 (3) BEFORE amended by 2014-13-40, effective May 29, 2014 (Royal Assent).
(3) The general manager may set a special price at which grain alcohol may be sold to any of the following:
(a) hospitals assisted by government funds, for use only in those hospitals;
(b) universities, for use for scientific purposes;
(c) a branch, ministry, department or institution of the government or Canada.
Section 18 (1) (a) and (b) BEFORE amended by 2015-23-29, effective May 14, 2015 (Royal Assent).
(a) must establish and maintain, at places throughout British Columbia the general manager considers advisable, stores to be known as "government liquor stores", "government beer stores" and "government wine stores" for the sale of liquor and products in accordance with this Act and regulations, and
(b) may set the price or a range of prices at which the liquor must be sold.
Section 18 (2) BEFORE repealed by 2015-23-29, effective May 14, 2015 (Royal Assent).
(2) If a new liquor store is opened, the general manager may place an advertisement in a newspaper circulating in the area advising the public of the opening.
Section 18 (3) BEFORE amended by 2015-19-107, effective January 23, 2017 (BC Reg 241/2016).
(3) The general manager may set a price at which ethyl alcohol may be sold to a person referred to in section 8 of the Liquor Control and Licensing Act.
Section 20 (4) (a) and (b) BEFORE amended by 2007-14-218,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) in the performance or intended performance of any duty under this Act, the regulations or an agreement under this section, or
(b) in the exercise or intended exercise of any power under this Act, the regulations or an agreement under this section.
Section 22 BEFORE repealed by 2014-13-43, effective May 29, 2014 (Royal Assent).
Distillery store or agency
22 (1) A brewery, winery or distillery may apply to the general manager to establish a liquor store at its manufacturing premises to sell its products to the general public.
(2) For the purposes of subsection (1), the general manager may establish the store or the minister may appoint an agent at those premises under section 18 (5).
Section 24 (3) BEFORE amended by 2007-14-202,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) A store manager or a person acting as the clerk or employee of, or in any capacity for a store manager must not sell liquor in another place or at another time or otherwise than as authorized by this Act and the regulations.
Section 27 (1) BEFORE amended by 2014-13-45(a), effective January 23, 2017 (BC Reg 241/2016).
(1) A store manager may sell liquor to a licensee or agent for an establishment for resale in accordance with the Liquor Control and Licensing Act and the regulations under it.
Section 29 (1) and (2) BEFORE amended by 2015-23-31, effective May 14, 2015 (Royal Assent)
(1) A member of the listing committee, an officer or employee of the branch or the general manager must not solicit or receive, directly or indirectly, a commission, remuneration or gift from a person who has sold, is selling or is offering for sale liquor or other products or services offered for purchase or purchased by the branch.
(2) A person selling or offering for sale liquor or other products or services to, or purchasing liquor or other products or services for resale or reuse from, the general manager must not directly or indirectly offer to pay a commission, profit or remuneration or make a gift to the general manager, members of the listing committee or an officer or employee of the branch.
Section 31 (2) and (3) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(2) If money received under subsection (1) is insufficient for the administration or any of the purposes of this Act, the amount of the deficiency must be advanced from the consolidated revenue fund in accordance with arrangements made by the Minister of Finance and Corporate Relations.
Section 31 (3) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(a) each advance from the consolidated revenue fund must be recorded to the satisfaction of the Minister of Finance and Corporate Relations and reported to that minister, and