This is part of an archived statute consolidation that is current to November 5, 2001 and includes changes enacted and in force by that date.

"Point in Time" Act Content

LIQUOR CONTROL AND LICENSING ACT
[RSBC 1996] CHAPTER 267

NOTE: Links below go to act content as it was prior to the changes made on the effective date.
SECTION EFFECTIVE DATE
1 January 15, 2001
10 January 15, 2001
16.1 January 15, 2001
20 January 15, 2001
22 January 15, 2001
23 January 15, 2001
30 January 15, 2001
31 January 15, 2001
  November 5, 1999
40 January 15, 2001
41 January 15, 2001
70 January 15, 2001
73 January 15, 2001
76 January 15, 2001

Section 1(1) definition of "monetary penalty" definition was added by 1999-36-1 effective January 15, 2001 (BC Reg 361/00).


Section 10(3) BEFORE changes were made by 1999-36-3 effective January 15, 2001 (BC Reg 361/00).

(3) A person who administers liquor in contravention of this section commits an offence.


Section 16.1 was added by 1999-36-10 effective January 15, 2001 (BC Reg 361/00).


Section 20(1)(a) BEFORE amended by 1999-36-12 effective January 15, 2001 (BC Reg 361/00).

(a) the licensee's failure to comply with a requirement of this Act, the regulations or a term or condition of the licence;

Section 20(1)(c.1) was added by 1999-36-12 effective January 15, 2001 (BC Reg 361/00).

Section20(2)(a) BEFORE repealed by 1999-36-13 effective January 15, 2001 (BC Reg 361/00).

(a) issue a warning to the licensee;

Sections 20(2)(c) and (d) BEFORE amended by 1999-36-13 effective January 15, 2001 (BC Reg 361/00).

(c) impose a fine on the licensee within the limits prescribed;

(d) suspend or cancel the licensee's licence, in whole or in part.

Sections 20(2.1) to (2.7) were added by 1999-36-14 effective January 15, 2001 (BC Reg 361/00).

Section 20(3) and (4) BEFORE amended by 1999-36-12 to 14 effective January 15, 2001 (BC Reg 361/00).

(3) Despite subsection (2) (d), the general manager must suspend or cancel a licence held by a person who

(a) has been convicted of an offence against prescribed laws of Canada or British Columbia, or

(b) has been convicted of an offence against this Act, if the person committed the offence within 3 years after being convicted of a previous offence against this Act.

(4) The general manager must give written reasons for any action taken under subsection (2) (b), (c) or (d) or (3).

Section 20(5) BEFORE repealed by 1999-36-14 effective January 15, 2001 (BC Reg 361/00).

(5) The general manager may take an action under subsection (2) (b), (c) or (d) or (3) at any time but the action does not take effect until after the appeal period referred to in section 31 (5) has expired and an appeal has not been filed or the appeal is disposed of, whichever is later.


Section 22(2) BEFORE repealed by 1999-36-15 effective January 15, 2001 (BC Reg 361/00).

(2) Despite section 20 (5), a suspension of a licence made or an order given under subsection (1) of this section takes effect immediately.


Section 23(2) BEFORE repealed by 1999-36-16 effective January 15, 2001 (BC Reg 361/00).

(2) Despite section 20 (5), a suspension of or imposition of conditions on a licence under subsection (1) of this section takes effect immediately.


Section 30(6) BEFORE amended by 1999-36-20 effective January 15, 2001 (BC Reg 361/00).

(6) The appeal board and each member of it

(a) has the protection and privileges of a commissioner under section 12 of the Inquiry Act, and

(b) has, for the purposes of appeals, other than appeals under section 31 (3) (a), (b) or (c), the powers of a commissioner under sections 15 and 16 of the Inquiry Act.

Section 30(9) BEFORE repealed by 1999-36-20 effective January 15, 2001 (BC Reg 361/00).

(9) An appeal from a decision or order of the appeal board lies to the Court of Appeal with leave of a justice of the Court of Appeal.

Section 30(11) was added by 1999-36-20 effective January 15, 2001 (BC  Reg 361/00).


Section 31(2) BEFORE repealed by 1999-36-21(a) effective January 15, 2001 (BC Reg 361/00).

(2) Except as provided in subsection (3), or in another provision of this Act or the Liquor Distribution Act, an action, order or decision of the general manager or of any of the general manager's officers or employees as to a matter in respect of which a power, authority or discretion is conferred on the general manager under this Act or the regulations is final, and must not be questioned, reviewed or restrained by a proceeding under the Judicial Review Procedure Act.

Section 31(3)(c) BEFORE amended by 1999-36-21(b) effective November 5, 1999 (BC Reg 364/99).

(c) the imposition by the general manager of terms and conditions on a licence under section 12 or 12.1,

Section 31(5.1) and (5.2) were added by 1999-36-21(c) effective January 15, 2001 (BC Reg 361/00).

Section 31(6), (7) and (8) BEFORE amended by 1999-36-21(d) effective January 15, 2001 (BC Reg 361/00).

(6) An appeal to the appeal board under subsection (3) (a), (b) or (c)

(a) is not a hearing in the nature of a new trial but is instead an appeal on the record for which no evidence other than the evidence considered by the general manager is considered by the board, and

(b) must be an appeal on the grounds that, in reaching the decision appealed from, the general manager

(i) erred in law alone, or

(ii) failed to observe the principles of procedural fairness.

(7) For the purposes of subsection (6) (a), the record on which an appeal under subsection (3) (a), (b) or (c) is to be conducted is the prescribed record.

(8) After considering an appeal brought under subsection (3) (a), (b) or (c), the appeal board must

(a) dismiss the appeal, or

(b) allow the appeal and send the matter back to the general manager for reconsideration.

Section 31(9) BEFORE repealed by 1999-36-21(e) effective January 15, 2001 (BC Reg 361/00).

(9) After considering an appeal brought under subsection (3) (d) or (e), the appeal board may confirm, vary or reverse the action, order or decision under appeal with or without conditions.


Section 40(4) BEFORE amended by 1999-36-22 effective January 15, 2001 (BC Reg 361/00).

(4) This section does not affect section 41, and subsection (2) does not apply to an offence under section 41.


Section 41(1) BEFORE amended by 1999-36-23 effective January 15, 2001 (BC Reg 361/00).

41 (1) A person who is intoxicated must not be or remain in a public place and a person who contravenes this section commits an offence.


Sections 70(1) and (2) BEFORE amended by 1999-36-34 effective January 15, 2001 (BC Reg 361/00).

(1) If liquor is found by an officer or peace officer under circumstances that satisfy the officer or peace officer it is being possessed or kept contrary to this Act or the regulations, the officer or peace officer

(a) may immediately seize and remove the liquor and the packages containing it, and

(b) must retain the liquor and the packages to be dealt with under this Act.

(2) If within 30 days after the date of the seizure under subsection (1), no person by notice in writing filed with the general manager claims to be the owner of the liquor, the liquor and the packages containing it are forfeited to the government.

Section 70(4) BEFORE amended by 1999-36-34 effective January 15, 2001 (BC Reg 361/00).

(4) If, within the 30 days referred to in subsection (2), a person applies to the general manager claiming to be the owner of the liquor, the general manager may, within 30 days after receiving notice of the claim, on being satisfied of the person's claim, return the seized liquor to the owner.


Sections 73(1), (1.1) and (1.2) BEFORE amended by 1999-36-35 effective January 15, 2001 (BC Reg 361/00).

(1) To obtain information respecting the administration or enforcement of this Act or the regulations, the general manager or a person designated by the general manager may inspect

(a) records in the possession of any person that may contain information relating to goods shipped, carried or consigned or received for shipment or carriage in British Columbia,

(b) premises of any person set apart or used as a warehouse for the storage of liquor, and

(c) establishments licensed under this Act and records, liquor and other things associated with the operation of the establishment.

(1.1) A person carrying out an inspection under subsection (1) may

(a) remove records or things relevant to the inspection for the purpose of making copies or extracts, and

(b) take reasonable samples of liquor for testing and analysis.

(1.2) A person who removes records or things or takes a sample must

(a) give a receipt for the records or things removed or the sample taken, and

(b) make any copy or extract, and return the records or things taken, within a reasonable time.

Section 73(2) BEFORE amended by 1999-36-35 effective January 15, 2001 (BC Reg 361/00).

(2) A person who, on a request made under subsection (1), neglects or refuses

(a) to produce and submit a record or thing for inspection or a sample of liquor, or

(b) to allow premises to be inspected under this section

commits an offence.


Section 76(3) was added by 1999-36-36 effective January 15, 2001 (BC Reg 361/00).


Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada