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GAMING, LIQUOR AND CANNABIS ACT

GAMING, LIQUOR AND CANNABIS ACT

Chapter G‑1

Table of Contents

                1      Interpretation

Part 1
Alberta Gaming, Liquor and Cannabis Commission

Status, Powers and Duties

                2      Board continued as Commission

                3      Commissions objects

                4      Crown agent

                5      Natural person powers

                6      Other powers and duties

                7      Policies

                8      Land and buildings

Board

                9      Board

             9.1      Maximum years of service

             9.2      Continuing to hold office

              10      Acting Chair

              11      Panels

              12      Responsibilities of board

              13      Inquiry

              14      Exercise of powers and duties

              15      Rules and procedures

              16      Signing requirements

              17      Delegation by board

Chief Executive Officer

              18      Responsibilities of c.e.o.

              19      Acting c.e.o.

              20      Delegation by c.e.o.

              21      Exercise of Commission powers

Finance

              22      Accounts

              23      Fees and penalties

              25      Lottery Fund

              26      Revenue from sale of liquor, cannabis and provincial lotteries

              28      Grant instead of taxes

              29      Fiscal year

General

              30      Annual report

              31      Information to Minister

              32      Liability exemption

              33      Testimony and production of documents

              34      Freedom of Information and Protection of Privacy Act

Part 2
Gaming and Provincial Lotteries

Gaming

              35      Delegation from Lieutenant Governor in Council

              36      Requirement for licence

              37      Issuing licences

           37.1      Minors in licensed facility

           37.2      Duty to intoxicated person

              38      Conditions

              39      Registration - gaming workers

              40      Registration - gaming supplies

              41      Inducing breach of contract

              42      Registration

Provincial Lotteries

              43      Commissions authority

              44      Agreements

              45      Lottery tickets

              46      Gaming terminals

              47      Certain actions barred

              48      Municipal plebiscites 1998

              49      Application to existing agreements

Part 3
Liquor

              50      Liquor control

              51      Issuing licences

           51.1      Separate business

              52      Eligibility of minors

              53      Eligibility of persons related to Commission

              54      Prohibition area

              55      Definitions

              56      Areas where there are no liquor licences

              57      Application referred to municipality

              58      Application referred to Metis settlement

              59      Application referred to Indian band

              60      Extending time period

              61      Conditions

Representatives of Liquor Suppliers

              62      Registration required

              63      Registration

Regulation of Licensees and Activities
on Licensed Premises

              64      Forced sales

              65      Remuneration based on sales

              66      Agreements with liquor suppliers and agencies

              67      Advertising and promoting of liquor

              68      Sale at licensed premises

              69      Conduct on licensed premises

           69.1      Maintaining public order and safety in licensed
premises — gangs

           69.2      Collection of personal information by licensee

              70      Leaving licensed premises when requested

              71      Leaving licensed premises on closing

              72      Homemade liquor

              73      Adulteration of liquor

              74      Minors on licensed premises

              75      Supplying liquor to minor

           75.1      Duty to intoxicated person

Activities Involving Liquor

              76      Commissions general authority

              77      Importation

              78      Business of transporting passengers

              79      Sales to Commission

              80      Sales to licensee

              81      Prohibited sales

              82      Sale of liquor under Civil Enforcement Act

              83      Transportation

              84      Consumption in vehicles

              85      Gift of liquor

              86      Adults

              87      Minors

              88      Religious ceremonies

              89      Public place

              90      Unauthorized places

Part 3.1
Cannabis

         90.01      Commission’s general authority

         90.02      Issuing cannabis licenses

         90.03      Minors on licensed premises

         90.04      Prohibition — supplying cannabis to minor

         90.05      Duty to intoxicated person

         90.06      Prohibited sales

         90.07      Conditions

       90.071      Qualified employees

         90.08      Cannabis control

         90.09      Separate business

           90.1      Eligibility of minors

         90.11      Eligibility of persons related to Commission

         90.12      Sales to cannabis licensee

Representatives of Cannabis Suppliers

         90.13      Registration required

Regulation of Cannabis Licensees and
Activities on Licensed Premises

         90.14      Forced sales

         90.15      Remuneration based on cannabis sales

         90.16      Agreements

         90.17      Advertising, display and promotion of cannabis
and cannabis accessories

       90.171      Business name and signage

         90.18      Sale of cannabis at licensed premises

         90.19      Conduct on licensed premises

           90.2      Leaving licensed premises when requested

         90.21      Leaving licensed premises on closing

Activities Involving Cannabis

         90.22      Sales to Commission

         90.23      Prohibited sales

         90.24      Use of cannabis in vehicles prohibited

         90.25      Transportation

         90.26      Minors

         90.27      Prohibition — growing cannabis

         90.28      Smoking and vaping prohibited

         90.29      Owners and operators

Part 4
Board Hearings and Sanctions

              91      Suspension, cancellation, etc. by board

           91.1      Order directing the use of proceeds or freezing property

              92      Sanction if licensee becomes ineligible

              93      Board order

           93.1      Fine imposed by chief executive officer

              94      Application for board hearing

              95      Disposition of liquor

           95.1      Disposition of cannabis

              96      Disposition of gaming supplies

              97      Notices

Part 4.1
Additional Powers of Commission

           97.1      Appointment of receiver and manager

           97.2      Powers of receiver and manager

           97.3      Duties of receiver and manager

           97.4      Court order

           97.5      Term of office

           97.6      Fees

           97.7      Directions from Court

           97.8      Revocation of appointment

           97.9      Expenses constitute a debt to Commission

         97.91      Act not to apply

Part 5
Enforcement

Inspections, Search and Seizure

              98      Inspectors

              99      Obstruction of inspector

            100      Reports

            101      Liquor samples

            102      Responsibility of directors and officers

            103      Inspection of premises and facilities

            104      Duty to assist inspector

            105      Inspectors assigned to manufacturers licensed premises

            106      Seizure of liquor, cannabis or gaming supplies

         106.1      Evidence of cannabis

            107      Warrantless search and seizure

            108      Abandoned liquor or cannabis

            109      Seizure report

            110      Disposition of liquor or cannabis on conviction

            111      Special situations

            112      Forfeiture of seized conveyance

            113      Claims by interest holders

            114      Disposition of forfeited liquor or cannabis

         114.1      Disposition of recalled cannabis

         114.2      Disposition of returned or unsaleable cannabis

            115      Taking intoxicated person into custody

Offences and Penalties

            116      General offence


            117      General penalty

            118      Provincial lottery schemes

            119      Adulteration of liquor and prohibited sales

            120      Liability of corporation officials, partners

            121      Responsibility of licensee

            122      Responsibility of occupant

Prosecution and Evidence

            123      Description of offence

            124      Certificate of analysis

            125      Evidence by certificate

            126      Actions against a corporation

            127      Proof of incorporation

            128      Disposition of fines

         128.1      Board decision to be final

Part 6
Regulations

            129      Lieutenant Governor in Council regulations

            130      Board regulations

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,

                           (a)    “adult” means a person 18 years of age or older;

                           (b)    “board” means the board of the Commission;

                        (b.1)    “cannabis”, “cannabis accessory” and “cannabis plant” have the meanings given to them in the federal Act;

                        (b.2)    “cannabis licence” means a licence under this Act that authorizes the purchase, sale, transport, possession, storage or use of cannabis;

                        (b.3)    “cannabis supplier” means a person who holds a licence under the federal Act that authorizes the person to produce cannabis for commercial purposes or to sell cannabis to the Commission;

                           (c)    “Chair” means the Chair designated under this Act;

                           (d)    “Commission” means the Alberta Gaming, Liquor and Cannabis Commission continued under this Act;

                           (e)    “container” means a bottle, can, box, bag or other receptacle used for holding liquor or cannabis and any package that contains the bottle, can, box, bag or other receptacle;

                            (f)    “Crown” means the Crown in right of Alberta;

                           (g)    “facility licence” means a licence that authorizes a person to operate a facility where either or both of the following may be conducted:

                                  (i)    gaming activities that are authorized by a gaming licence;

                                (ii)    provincial lotteries;

                        (g.1)    “federal Act”,

                                  (i)    except in sections 77(c) and 92(3), means the Cannabis Act (Canada);

                                (ii)    in sections 77(c) and 92(3), means any Act of Canada;

                           (h)    “gaming activity” means a lottery scheme referred to in section 207(1)(b), (c), (d) or (f) of the Criminal Code (Canada);

                            (i)    “gaming licence” means a licence that authorizes a person to conduct a gaming activity;

                            (j)    “gaming supplies” means supplies, equipment and devices designed to be used in a gaming activity, but does not include normal office supplies or things specified in the regulations;

                         (j.1)    “gaming terminal” means a computer, video device or machine that is used, or could be used, to play a lottery scheme as defined in the Criminal Code (Canada) where, on insertion of money or a token or on payment of any consideration a person may receive or be entitled to receive money, either directly from the computer, video device or machine or in another manner, but does not include such a computer, video device or machine when used only for home entertainment and where there is no ability for any person to make money from its operation;

                           (k)    “gaming worker” means a person, other than a person specified in the regulations, who is paid to assist

                                  (i)    a gaming licensee in the conduct or management of a gaming activity, or

                                (ii)    a facility licensee in the operation of a licensed facility;

                            (l)    “Indian band” means a band as defined in the Indian Act (Canada);

                          (m)    “Indian reserve” means a reserve as defined in the Indian Act (Canada);

                           (n)    “inspector” means an inspector referred to in section 98;

                           (o)    “licensed facility” means the facility described in a facility licence;

                           (p)    “licensed premises”

                                  (i)    in Part 3 and sections 103(4), 105 and 129(l)(q), (r) to (r.3) and (s), means the premises described in a liquor licence,

                                (ii)    in Part 3.1 and sections 103(4.1) and 129(l)(q.1) to (q.5) and (r.4) to (r.6), means the premises described in a cannabis licence, and

                               (iii)    in all other provisions, means the premises described in a liquor licence or a cannabis licence;

                           (q)    “liquor” means any wine, beer, cider, spirits or other product that is intended for human consumption in which the percentage of alcohol by volume exceeds an amount prescribed by the regulations, unless the product is excluded from the definition of liquor by board regulations under section 130;

                            (r)    “liquor agency” means a corporation or individual who is in the business of representing a liquor supplier in the sale of the supplier’s liquor;

                           (s)    “liquor licence” means a licence that authorizes the manufacture, import, purchase, sale, transport, giving, possession, storage, consumption or use of liquor;

                            (t)    “liquor supplier” means

                                  (i)    a manufacturer,

                                (ii)    a person who operates an establishment for making liquor outside Alberta,

                               (iii)    a person, other than the Commission, who is a distributor of liquor, and

                               (iv)    any person who has a connection, as specified in the regulations, to a manufacturer or a person described in subclause (ii) or (iii);

                           (u)    “manufacturer” means a person who operates or intends to operate an establishment for making liquor in Alberta;

                           (v)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                          (w)    “minor” means a person under the age of 18 years;

                       (w.1)    “police officer” means a police officer as defined in the Police Act;

                           (x)    “provincial lottery” means a lottery scheme referred to in section 207(1)(a) of the Criminal Code (Canada) that the Government of Alberta is authorized to conduct and manage by itself or in conjunction with the government of another province or territory;

                           (y)    “public place” includes

                                  (i)    a place or building that is open to the public, and

                                (ii)    a vehicle in a public place;

                           (z)    “residence” means a place used by a person as a permanent private dwelling, including any structure or land adjacent to the private dwelling that is used for the convenience or enjoyment of the occupants of the dwelling;

                         (aa)    “sale” and “sell” include

                                  (i)    the barter of liquor or cannabis, and

                                (ii)    the storage, display, advertising and offering of liquor or cannabis for the purpose of sale;

                         (bb)    “shareholder” does not include a shareholder of a corporation

                                  (i)    any of whose issued shares, or securities that may or might be exchanged for or converted into shares, were part of a distribution to the public, and

                                (ii)    that has more than 15 shareholders;

                     (bb.1)    “smoke”, where used as a verb in respect of cannabis, means inhaling or exhaling the smoke produced by lit cannabis or holding or otherwise having control of lit cannabis or any device or thing that contains lit cannabis;

                         (cc)    “special event licence” means a liquor licence that authorizes activities in relation to an event of a limited duration;

                         (dd)    “spirits” means any product that contains alcohol obtained by distillation;

                         (ee)    “stadium bylaws” means bylaws passed by a municipality that are referred to in section 129(1)(r);

                          (ff)    “temporary residence” means

                                  (i)    a place that is used by a traveller in respect of which the traveller pays a fee,

                                (ii)    a vacation or recreational dwelling,

                               (iii)    a tent that is set up in an area where overnight camping is not prohibited,

                               (iv)    a motor home or other vehicle that is parked in an area that is not a highway or road and where overnight camping is not prohibited, and

                                 (v)    a watercraft that has built‑in living accommodation and is moored in an area where moorage is not prohibited

                                    that is being used as a temporary private dwelling, including any structure or land adjacent to the dwelling that is used for the convenience or enjoyment of the occupants of the dwelling;

                       (ff.1)    “use”, where used as a verb in respect of cannabis, includes smoke, vape, apply, inhale and consume;

                       (ff.2)    “vape”, in respect of cannabis, means inhaling or exhaling the vapour, emissions or aerosol produced by, or holding or otherwise having control of, an electronic cigarette or similar device containing cannabis;

                         (gg)    “vehicle” means a device in, on or by which a person or thing may be transported or drawn on a highway or on water.

                         (hh)    repealed 2002 c15 s2.

(2)  A reference to “this Act” includes the regulations made under this Act

(3)  A reference to a conviction that “becomes final” means that the conviction has become final through the appeal process or the expiration of appeal periods.

RSA 2000 cG‑1 s1;2002 c15 s2;2009 c23 s2;2017 c21 s3;2018 c7 s2

Part 1
Alberta Gaming, Liquor
and Cannabis Commission

Status, Powers and Duties

Board continued as Commission

2   The Alberta Liquor Control Board is continued as a corporation called the “Alberta Gaming, Liquor and Cannabis Commission”.

RSA 2000 cG‑1 s2;2018 c7 s2

Commissions objects

3   The objects of the Commission are

                           (a)    to administer this Act;

                           (b)    to conduct and manage provincial lotteries for the Government of Alberta;

                           (c)    to carry out the functions respecting gaming delegated to it by the Lieutenant Governor in Council under the Criminal Code (Canada) or conferred on it by this Act;

                           (d)    to control in accordance with this Act the manufacture, import, sale, purchase, possession, storage, transportation, use and consumption of liquor;

                        (d.1)    to control in accordance with this Act the import, purchase, giving, possession, storage, transportation and use of cannabis;

                        (d.2)    to distribute or control the distribution of cannabis, or both, in accordance with this Act;

                        (d.3)    to sell or control the sale of cannabis, or both, in accordance with this Act;

                           (e)    to generate revenue for the Government of Alberta.

RSA 2000 cG‑1 s3;2017 c21 s4

Crown agent

4(1)  The Commission is an agent of the Crown and may exercise its powers and perform its duties only as an agent of the Crown.

(2)  An action, suit or other legal proceeding in respect of any right or obligation acquired or incurred by the Commission, whether in its name or in the name of the Crown, may be brought or taken by or against the Commission in the name of the Commission in any court that would have jurisdiction if the Commission were not an agent of the Crown.

(3)  All real and personal property of the Commission and all money received by the Commission is the property of the Crown.

1996 cG‑0.5 s4

Natural person powers

5   The Commission has the capacity, rights, powers and privileges of a natural person, except to the extent that they are limited by this or any other enactment.

1996 cG‑0.5 s5

Other powers and duties

6(1)  The Commission may exercise any power given to it under any enactment.

(2)  The Commission must perform any duty imposed on it under any enactment.

1996 cG‑0.5 s6

Policies

7(1)  The Minister may make policies that must be followed by the Commission, the board or both in carrying out their powers and duties under this Act.

(2)  The Regulations Act does not apply to policies made under subsection (1).

1999 c24 s2

Land and buildings

8   The Commission may acquire or dispose of land or buildings only with the approval of the Lieutenant Governor in Council.

1996 cG‑0.5 s7

Board

Board

9(1)  The board of the Commission consists of

                           (a)    not more than 9 members appointed by the Lieutenant Governor in Council, and

                           (b)    the chief executive officer appointed under section 18(1).

(1.1)  The chief executive officer is not eligible to vote or to serve as Chair or acting Chair.

(2)  The Lieutenant Governor in Council must designate a member as Chair of the board.

(3)  A quorum of the board is 3 members excluding the chief executive officer.

(4)  The Lieutenant Governor in Council must, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, fix the amount of remuneration and the travelling, living and other expenses that members are entitled to receive.

RSA 2000 cG‑1 s9;2002 c15 s3;2009 cA‑31.5 s44;
2009 c23 s3;2018 c7 s2

Maximum years of service

9.1(1)  No person shall serve as a member of the board for more than 10 years.

(2)  The 10‑year maximum established by subsection (1) does not apply in respect of the chief executive officer’s service as a member.

2009 c23 s4;2018 c7 s2

Continuing to hold office

9.2   Despite section 9.1 or the term of office for which a member of the board is appointed, after the expiry of the 10 years referred to in section 9.1(1) or of the member’s term of office the member continues to hold office until the member is reappointed, a successor is appointed or a period of 3 months has elapsed, whichever occurs first.

2018 c7 s2

Acting Chair

10(1)  The Minister may designate a member of the board to be acting Chair when the Chair is unable to act or if the office of the Chair is vacant.

(2)  The Chair may designate a member of the board to be acting Chair when the Chair is absent.

(3)  An acting Chair has all of the functions, powers and duties of the Chair, unless the designation provides otherwise.

1996 cG‑0.5 s10;1999 c24 s4

Panels

11(1)  The Chair may designate any 2 or more members of the board, which may include the Chair but which must not include the chief executive officer, to sit as a panel of the board and may direct that panel

                           (a)    to make any decision that the board may make with respect to licences or registration, or

                           (b)    to conduct any hearing or inquiry that the board may conduct.

(2)  A quorum of a panel is 2 members.

(3)  A decision or action made or taken by a panel is a decision or action of the board.

(4)  A panel of the board may exercise and perform all the powers and duties of the board under this Act or any other enactment with respect to the matter it is directed to deal with.

(5)  For the purposes referred to in subsection (4), any reference in this Act or any other enactment to the board is a reference to a panel of the board.

(6)  If the Chair is not a member of a panel, the Chair must designate one of the members of the panel to preside over the panel.

(7)  When a proceeding is conducted by a panel and one or more members of the panel for any reason do not attend on any day or part of a day, the remaining members present may, if they constitute a quorum, exercise and perform all the powers and duties of the panel with respect to that proceeding.

(8)  Two or more panels may sit simultaneously or at different times.

RSA 2000 cG‑1 s11;2009 c23 s5

Responsibilities of board

12(1)  The board is responsible for

                           (a)    ensuring that the powers and duties of the Commission are appropriately carried out;

                           (b)    establishing the policies of the Commission;

                           (c)    conducting hearings and making decisions respecting licences and registrations;

                           (d)    any functions assigned to it under any enactment.

(2)  The board has the powers, privileges and immunities of a commissioner under the Public Inquiries Act when conducting a hearing.

RSA 2000 cG‑1 s12;2002 c15 s4

Inquiry

13(1)  The board may hold an inquiry into any matter that pertains to this Act.

(2)  The board has the powers, privileges and immunities of a commissioner under the Public Inquiries Act when holding an inquiry.

1996 cG‑0.5 s13

Exercise of certain powers and duties

14   Where an enactment specifically assigns a power or duty to the Commission or the chief executive officer, the power or duty may only be exercised or performed by the chief executive officer, except to any extent that the power or duty may be delegated under the enactment.

RSA 2000 cG‑1 s14;2009 c23 s6

Rules and procedures

15   The board must establish rules and procedures for the conduct of its meetings and hearings and for making decisions and orders.

1996 cG‑0.5 s15

Signing requirements

16(1)  A licence, registration, order or authorization of the board may be signed by the Chair or any person authorized by the Chair.

(2)  The board may authorize the signature on a licence or registration to be reproduced by mechanical means.

1996 cG‑0.5 s16

Delegation by board

17(1)  The board may in writing delegate any of its functions, powers or duties to the chief executive officer.

(1.1)  Where the board has delegated a function, power or duty to the chief executive officer, the board has no authority to give directions or instructions relating to that function, power or duty to any person other than the chief executive officer.

(2)  The board must not delegate

                           (a)    the power or duty to conduct a hearing or inquiry that it is required or authorized to conduct under any enactment,

                           (b)    the power to establish amounts of fines under section 91(2.1), or

                           (c)    the power to cancel a licence.

(3)  The board’s delegation may include the power of subdelegation.

RSA 2000 cG‑1 s17;2002 c15 s5;2009 c23 s7

Chief Executive Officer

Responsibilities of c.e.o.

18(1)  The Lieutenant Governor in Council may appoint a chief executive officer of the Commission for a term specified in the appointment.

(1.1)  Repealed 2009 c23 s8.

(2)  The chief executive officer is responsible for

                           (a)    the administration of the Commission;

                           (b)    ensuring that the policies of the board are implemented;

                           (c)    advising and informing the board on the operation and affairs of the Commission;

                           (d)    exercising the powers and performing the duties assigned to the Commission or to the chief executive officer by any enactment or by the board.

RSA 2000 cG‑1 s18;2002 c15 s6;2009 c23 s8

Acting c.e.o.

19(1)  The Minister may designate an employee of the Commission to be acting chief executive officer when the chief executive officer is unable to act or if the office of the chief executive officer is vacant.

(2)  The chief executive officer may designate an employee of the Commission to be acting chief executive officer when the chief executive officer is absent.

(3)  An acting chief executive officer has all of the functions, powers and duties of the chief executive officer, unless the designation provides otherwise.

1996 cG‑0.5 s19;1999 c24 s6

Delegation by c.e.o.

20(1)  The chief executive officer may in writing delegate any of the functions, powers and duties of the chief executive officer to an employee or agent of the Commission.

(2)  The chief executive officer’s delegation may include the power of subdelegation.

1996 cG‑0.5 s20

Exercise of Commission powers

21   Where

                           (a)    any enactment requires or authorizes the Commission to do something, but does not specify who in the Commission may do it, or

                           (b)    the Commission wishes to exercise its natural person capacity, rights, powers or privileges,

the thing may be done or the capacity, rights, powers or privileges may be exercised by the chief executive officer.

1996 cG‑0.5 s21

Finance

Accounts

22   The Commission may establish accounts for money it receives under this Act.

1996 cG‑0.5 s22

Fees and penalties

23(1)  All application fees, all fees for licences and registrations provided by the Commission and all fines imposed by the board on licensees and registrants are payable to the Commission and must be deposited into the Commission’s accounts.

(2)  The fees and fines referred to in subsection (1), less amounts for refunds, are to be transferred to the General Revenue Fund as directed by the President of Treasury Board, Minister of Finance.

RSA 2000 cG‑1 s23;2002 c15 s7;2013 c10 s32;2017 c21 s5

24   Repealed 2002 c15 s8.

Lottery Fund

25(1)  The Lottery Fund established under the Interprovincial Lottery Act, RSA 1980 cI‑8, is continued.

(2)  The Lottery Fund is administered by the Commission.

(3)  The income of the Fund accrues to and forms part of the Fund.

(4)  Money may be paid or transferred from the Lottery Fund only in accordance with an appropriation Act.

RSA 2000 cG‑1 s25;2002 c15 s9

Revenue from sale of liquor, cannabis
and provincial lotteries

26(1)  Revenue from liquor and cannabis sold by or on behalf of the Commission and revenue received by the Commission from provincial lotteries, less any amounts paid for prizes and retailer commissions, must be deposited into the Commission’s accounts.

(2)  The Commission may pay from the revenue deposited into its accounts under subsection (1)

                           (a)    federal taxes and duties,

                           (b)    the amount the Commission pays for liquor,

                        (b.1)    the amount the Commission pays for cannabis,

                           (c)    an amount for deposits and charges relating to containers under the Beverage Container Recycling Regulation (AR 101/97),

                           (d)    the amounts required to be paid under the federal‑provincial agreement respecting gaming and betting entered into on June 3, 1985, as amended or replaced from time to time,

                           (e)    the Commission’s operating expenses, including the portion of the operating expenses of the Western Canada Lottery Corporation that is attributable to the Province of Alberta and expenses that result from business decisions by the Commission that require additional expenditures, together with any allowance for capital expenditures approved by the President of Treasury Board, Minister of Finance, and

                            (f)    any amounts determined by the Commission to be paid as commissions to gaming licensees at whose gaming activities the Commission conducts and manages provincial lotteries pursuant to section 43.

(3)  After payment of the amounts referred to in subsection (2), the remaining revenue deposited into the Commission’s accounts under subsection (1) must be transferred

                           (a)    to the General Revenue Fund as directed by the President of Treasury Board, Minister of Finance if the revenue arose from the sale of liquor or cannabis, or

                           (b)    to the Lottery Fund if the revenue arose from the conduct and management of provincial lotteries.

(4)  The Commission must allocate its operating expenses on a reasonable basis

                           (a)    against the aggregate revenue from the sale of liquor and cannabis, for the purpose of determining the amounts to be transferred pursuant to subsection (3)(a), or

                           (b)    against revenue from the conduct and management of provincial lotteries, for the purpose of determining the amounts to be transferred pursuant to subsection (3)(b).

RSA 2000 cG‑1 s26;2002 c15 s10;2013 c10 s32;2017 c21 s6

27   Repealed 2002 c15 s11.

Grant instead of taxes

28   The Commission may each year pay to a municipality in which any of its real property is located a grant not exceeding the amount that would be recoverable by the municipality if

                           (a)    the property were subject to the property and local improvement taxes of the municipality for that year, or

                           (b)    the property were subject to the business tax or business licence of the municipality for that year as a result of the Commission’s operations on that property.

1996 cG‑0.5 s28

Fiscal year

29   The fiscal year of the Commission is April 1 to the following March 31.

1996 cG‑0.5 s29

General

Annual report

30(1)  The board must, as soon as practicable after the end of each fiscal year, provide the Minister with a report that summarizes its operations during the last fiscal year and that contains

                           (a)    the audited financial statements of the Commission,

                           (b)    general information and remarks with regard to the administration and enforcement of this Act during the year, and

                           (c)    any other information that the board considers relevant or the Minister requests.

(2)  The Minister must lay a copy of the report before the Legislative Assembly if it is sitting, and if it is not sitting, within 15 days after the commencement of the next sitting.

RSA 2000 cG‑1 s30;2009 c23 s9

Information to Minister

31   The Commission must, on the request of the Minister, report to the Minister on its activities and any matter related to this Act.

1996 cG‑0.5 s31

Liability exemption

32   No action lies against the Commission, the board or its members, the chief executive officer, employees of the Commission or inspectors for anything done or not done, in good faith, in relation to the exercise of their powers or to the performance of their duties under this Act.

1996 cG‑0.5 s32

Testimony and production of documents

33(1)  Unless the board directs otherwise, no member of the board or employee of the Commission may be compelled

                           (a)    to give testimony for the purposes of a civil action with regard to information obtained in the course of the member’s or employee’s duties, or

                           (b)    to produce any document or information for the purposes of a civil action.

(2)  Subsection (1) does not apply when the member of the board, the Commission or the employee is a party to the civil action.

1996 cG‑0.5 s33

Freedom of Information and Protection of Privacy Act

34  For the purposes of section 16(1)(b) of the Freedom of Information and Protection of Privacy Act, the following information in the custody or under the control of the Commission is deemed to have been supplied to the Commission in confidence:

                           (a)    information obtained by the Commission before, on or after the coming into force of this section relating to the Commission’s acquisition or sale of cannabis;

                           (b)    information obtained by the Commission before, on or after the coming into force of this section relating to the Commission’s acquisition or sale of liquor.

RSA 2000 cG‑1 s34;2018 c7 s2

Part 2
Gaming and Provincial Lotteries

Gaming

Delegation from Lieutenant Governor in Council

35   The Commission’s and the board’s authority to issue gaming licences and to impose conditions on those licences is subject to the Lieutenant Governor in Council’s authorizing the Commission and the board to do so.

1996 cG‑0.5 s35

Requirement for licence

36(1)  No person may conduct or manage a gaming activity unless

                           (a)    the person holds a gaming licence that authorizes the activity, and

                           (b)    the gaming activity takes place in a licensed facility if the board designates in its policies or the gaming licence that the gaming activity may only be conducted in a licensed facility.

(2)  If the board has designated in its policies or in a gaming licence that a gaming activity may only be conducted in a licensed facility, no person may operate a facility in which the gaming activity takes place unless the person holds a facility licence for that facility.

1996 cG‑0.5 s36

Issuing licences

37(1)  The board may, with or without a hearing, issue a gaming licence or a facility licence if

                           (a)    the board considers it appropriate to do so,

                           (b)    the applicant is eligible to receive the licence,

                           (c)    the requirements of this Act for issuing the licence have been met, and

                           (d)    issuing the licence will not cause the maximum number of licences established by the board to be exceeded.

(2)  A facility licence may only be issued in respect of one facility.

1996 cG‑0.5 s37

Minors in licensed facility

37.1(1)  No minor may enter or be in and no facility licensee may permit a minor to enter or be in the following licensed facilities:

                           (a)    a casino;

                           (b)    a racing entertainment centre.

(2)  With respect to a licensed facility other than a casino or a racing entertainment centre, no minor may enter or be in the facility and no facility licensee may permit a minor to enter or be in the facility if the facility licence prohibits minors from entering or being in the facility.

(3)  If a person who appears to be a minor enters a casino, a racing entertainment centre or another licensed facility whose facility licence prohibits minors from entering or being in the facility, the facility licensee must demand that the person who appears to be a minor produce proof of age.

(4)  If a person makes a request for identification under subsection (3) and the person who appears to be a minor fails to produce identification that is satisfactory to the person making the request, the facility licensee must refuse the person entry or ask the person to leave.

2002 c15 s12

Duty to intoxicated person

37.2   No facility licensee may permit a person apparently intoxicated by liquor or a drug to take part in a gaming activity or provincial lottery that is conducted in the licensed facility.

2002 c15 s12

Conditions

38(1)  The board’s policies respecting the activities authorized by a gaming or facility licence are conditions of the licence, including policies made or amended after the licence is issued.

(2)  The Commission must make available to a licensee the board policies that are conditions of the licence and must notify the licensee if those policies are amended after the licence is issued.

(3)  When issuing a gaming or facility licence, the board may, with or without a hearing, impose conditions on a licence that are in addition to the conditions referred to in subsection (1).

(4)  When the board imposes a condition under subsection (3) without a hearing, the board must give the licensee information about an application for a hearing.

RSA 2000 cG‑1 s38;2009 c23 s10

Registration - gaming workers

39(1)  No person may be a gaming worker unless the person is registered as a gaming worker.

(2)  No person may provide gaming workers to a gaming licensee unless the person is registered to provide gaming workers or is a facility licensee.

(3)  No gaming licensee or facility licensee may use a gaming worker to assist in the conduct or management of a gaming activity or provincial lottery unless the worker is registered as a gaming worker.

RSA 2000 cG‑1 s39;2002 c15 s13

Registration - gaming supplies

40(1)  No person may make, sell, advertise or distribute gaming supplies unless

                           (a)    the person is registered to deal in gaming supplies,

                           (b)    the person is a facility licensee, or

                           (c)    the person is a gaming licensee and the manufacture, sales, advertisement or distribution is authorized by the Commission.

(2)  No person may possess gaming supplies unless the gaming supplies are approved by the board and

                           (a)    the person is registered to deal in gaming supplies,

                           (b)    the person is a licensee under a gaming or facility licence,

                           (c)    the person is an employee or agent of a person described in clause (a) or (b), or

                           (d)    the person is using the supplies to play a gaming activity that is authorized by a gaming licence.

1996 cG‑0.5 s40

Inducing breach of contract

41(1)  In this section, “gaming contract” means a contract in which one party agrees to provide gaming supplies, gaming workers or a licensed facility to a gaming licensee.

(2)  No person

                           (a)    who sells gaming supplies,

                           (b)    who is a facility licensee or an employee or agent of a facility licensee, or

                           (c)    who is a gaming worker

may induce a gaming licensee who is a party to a gaming contract to break the contract for the purpose of the person or the person’s employer or principal entering into a gaming contract with the gaming licensee.

1996 cG‑0.5 s41

Registration

42(1)  The board is responsible for registrations under this Part.

(2)  Registrations are governed by the regulations.

1996 cG‑0.5 s42

Provincial Lotteries

Commissions authority

43   The Commission may conduct and manage provincial lotteries on behalf of the Government of Alberta either alone or in conjunction with the government of another province or territory.

1996 cG‑0.5 s43

Agreements

44(1)  The Commission may, on behalf of the Government of Alberta, enter into agreements with the governments of any other provinces or territories or their agents regarding the conduct and management of a provincial lottery within Alberta and those other provinces or territories.

(2)  An agreement referred to in subsection (1) may provide for the provincial lottery to be conducted and managed by an agent acting on behalf of the Government of Alberta and on behalf of the governments of the other provinces or territories.

RSA 2000 cG‑1 s44;2009 a23 s11

Lottery tickets

45   No person, unless authorized by the Commission, may make, sell, advertise or distribute lottery tickets with respect to a provincial lottery.

1996 cG‑0.5 s45

Gaming terminals

46(1)  No person may make, sell, advertise or distribute a gaming terminal unless the terminal is approved by the Commission and the person is registered to deal in gaming terminals.

(2)  No person may possess a gaming terminal unless the terminal is approved by the Commission and

                           (a)    the person operates an establishment in which the gaming terminal is used and the use of the gaming terminal in the person’s establishment is authorized by the Commission, or

                           (b)    the person is registered to deal in gaming terminals or is an employee or agent of a person who is registered to deal in gaming terminals.

RSA 2000 cG‑1 s46;2002 c15 s14

Certain actions barred

47   No action or proceeding may be instituted or continued against the Crown or a Minister of the Crown, the Commission, the board or its members, the chief executive officer, inspectors or employees of the Commission based on any claim or cause of action, whether arising before or after the enactment of this section, for compensation, for loss or damages including exemplary damages or for injunctive or declaratory relief, whether based on contract, property, tort, equity, restitution, expropriation or otherwise, for

                           (a)    the removal of gaming terminals from establishments,

                           (b)    the termination or cancellation of agreements with retailers,

                           (c)    the termination or cancellation of any rights of retailers connected with or arising from agreements with retailers, or

                           (d)    any act or omission authorized by this Act.

RSA 2000 cG‑1 s47;2002 c15 s15

Municipal plebiscites 1998

48(1), (2)  Repealed 2009 c23 s12.

(3)  Subject to subsection (4), if the Commission has removed video lottery terminals from a municipality before May 19, 1999 as the result of a vote held in that municipality, the Commission may not

                           (a)    enter into agreements with retailers respecting video lottery terminals, or

                           (b)    place or replace any video lottery terminals in establishments

in that municipality.

(4)  The Commission may not, in respect of a municipality referred to in subsection (3), enter into an agreement with a retailer or place video lottery terminals in establishments unless a policy of the Minister under section 7 authorizes the Commission to do so.

(5)  In this section, “video lottery terminal” means a video gaming terminal other than one that is located in a licensed facility.

RSA 2000 cG‑1 s48;2009 c23 s12

Application to existing agreements

49(1)  The Gaming and Liquor Amendment Act, 1999, SA 1999 c24, applies to all agreements with retailers existing on May 19, 1999.

(2)  If there is a conflict between an agreement with a retailer and the Gaming and Liquor Amendment Act, 1999, SA 1999 c24, the Gaming and Liquor Amendment Act, 1999 prevails.

1999 c24 s7

Part 3
Liquor

Liquor control

50   No person may, except in accordance with this Act or in accordance with a liquor licence, manufacture, import, purchase, sell, transport, give, possess, store, use or consume liquor.

1996 cG‑0.5 s47

Issuing licences

51(1)  The board may, with or without a hearing, issue a liquor licence to an applicant if

                           (a)    the board considers it appropriate to do so,

                           (b)    the applicant is eligible to receive the licence, and

                           (c)    the requirements of this Act for issuing the licence have been met.

(2)  A licence may only be issued in respect of one premises.

1996 cG‑0.5 s48

Separate business

51.1(1)  The board may not issue a retail liquor store licence to an applicant unless the business under which the activities authorized by the licence will be carried out is separate from any other business of the applicant.

(2)  The board may, for the purposes of this section, make policies establishing criteria to be used to determine if one business is separate from another business.

(3)  Despite subsection (1), the board may issue more than one retail liquor store licence to an applicant if the business under which the activities authorized by those licences will be carried out is separate from any other business of the applicant.

(4)  Despite subsection (1), the board may issue a retail liquor store licence to an applicant if the business under which the activities authorized by the licence will be carried out is part of a business that operates a hotel.

2002 c15 s16

Eligibility of minors

52   No liquor licence may be issued

                           (a)    to a minor, or

                           (b)    to a corporation if the majority of the corporation’s directors or officers are minors, or if the employee or agent who is to be in charge of the premises described in the application is a minor.

1996 cG‑0.5 s49

Eligibility of persons related to Commission

53(1)  No liquor licence may be issued

                           (a)    to or for the benefit of a person who is a member of the board or an employee or agent of the Commission, or

                           (b)    in respect of any premises if a member of the board or an employee or agent of the Commission is an owner or part owner of the premises or holds an interest in the premises.

(2)  This section does not apply to

                           (a)    the issuing of a special event licence, or

                           (b)    the issuing of a licence to an agent of the Commission authorizing the manufacture of liquor.

1996 cG‑0.5 s50

Prohibition area

54   Despite anything in this Act, no liquor licence, other than a special event licence or a duty free store licence, may be issued for the area described in section 146(a) and (b) of the Liquor Control Act, RSA 1980 cL‑17, as it read on July 14, 1996.

1996 cG‑0.5 s51;1997 c18 s9

Definitions

55   In sections 56 to 59,

                           (a)    “licensed premises” does not include licensed premises under a special event licence;

                           (b)    “liquor licence” does not include a special event licence.

1996 cG‑0.5 s52

Areas where there are no liquor licences

56   If the board receives an application for a liquor licence for proposed licensed premises in a municipality, Metis settlement or Indian reserve in which there are no licensed premises, the board must refer the application to the municipality, Metis settlement or Indian band unless

                           (a)    in the case of an application for proposed licensed premises in a municipality or Metis settlement, the application is received by the board within 3 years after a vote has been held under section 57 in respect of a municipality or section 58 in respect of a Metis settlement, or

                           (b)    in the case of an application for proposed licensed premises on an Indian reserve, the application is received by the board within 3 years from the date that the board referred a previous application to the Indian band under section 59.

1996 cG‑0.5 s53

Application referred to municipality

57(1)   When an application for a licence is referred to a municipality under section 56, the municipality must, within 90 days from the application being referred to it, submit a question on the application to a vote of the electors and the vote of the electors must be conducted in accordance with the Local Authorities Election Act.

(2)   The municipality must advise the board of the results of the vote and

                           (a)    if the majority of the electors voting approve of the liquor licence being issued, the board may issue the licence, and

                           (b)    if the majority of the electors voting oppose the liquor licence being issued, the board may not issue a licence or accept an application for a licence that would authorize licensed premises within the municipality for 3 years after the vote.

1996 cG‑0.5 s54

Application referred to Metis settlement

58(1)   When an application is referred to a Metis settlement under section 56, the Metis settlement must, within 90 days from the application being referred to it, hold a vote on the application at a public meeting and sections 54 and 55 of the Metis Settlements Act apply to the vote as though it was a vote on a proposed bylaw.

(2)   The Metis settlement must advise the board of the results of the vote and

                           (a)    if the majority of the settlement members voting approve of the liquor licence being issued, the board may issue the licence, and

                           (b)    if the majority of the settlement members voting oppose the liquor licence being issued, the board may not issue a licence or accept an application for a licence that would authorize licensed premises in the Metis settlement for 3 years after the vote.

1996 cG‑0.5 s55

Application referred to Indian band

59(1)   When an application is referred to an Indian band under section 56, the band has 90 days after the application has been referred to it to advise the board if it approves of the issuing of the liquor licence.

(2)   If the Indian band advises the board within the 90 days that it approves of the issuing of the liquor licence, the board may issue the licence.

(3)   If the Indian band does not advise the board of its decision within the 90 days or if the band advises the board within the 90 days that it does not approve of the issuing of the liquor licence, the board may not issue a licence or accept an application for a licence that would authorize licensed premises in the Indian reserve for 3 years from the date that the board referred the application to the band.

1996 cG‑0.5 s56

Extending time period

60    The board may extend the 90‑day periods referred to in sections 57 to 59 on the request of a municipality, Metis settlement or Indian band and, if an extension is granted, the references to 90 days in those sections refer to the extended time period.

1996 cG‑0.5 s57

Conditions

61(1)  The board’s policies respecting the activities authorized by a liquor licence are conditions of the licence, including policies made or amended after the licence is issued.

(2)  The Commission must make available to a licensee the board policies that are conditions of the liquor licence and must notify the licensee if those policies are amended after the licence is issued.

(3)  When issuing a liquor licence, the board may, with or without a hearing, impose conditions on a licence that are in addition to the conditions referred to in subsection (1).

(4)  When the board imposes a condition under subsection (3) without a hearing, the board must give the licensee information about an application for a hearing.

RSA 2000 cG‑1 s61;2009 c23 s13

Representatives of Liquor Suppliers

Registration required

62(1)  No liquor supplier may authorize a liquor agency to be its representative in the sale of its liquor unless the liquor agency is registered for that purpose.

(2)  No liquor agency may act as the representative of a liquor supplier in the sale of the supplier’s liquor unless the liquor agency is registered for that purpose.

(3) to (7)  Repealed 2009 c23 s14.

RSA 2000 cG‑1 s62;2009 c23 s14

Registration

63(1)  The board is responsible for registrations under this Part.

(2)  Registrations are governed by the regulations.

1996 cG‑0.5 s60

Regulation of Licensees and Activities
on Licensed Premises

Forced sales

64   No liquor licensee or employee or agent of a liquor licensee may require or demand, by force or otherwise, that a person buy liquor in the licensed premises.

1996 cG‑0.5 s61

Remuneration based on sales

65(1)  No person may enter into an agreement in which one party is to receive remuneration for working in licensed premises if the remuneration varies with the amount of liquor sold at the licensed premises.

(2)  An agreement entered into in contravention of subsection (1) is void.

1996 cG‑0.5 s62

Agreements with liquor suppliers and agencies

66(1)  Unless the regulations provide otherwise, no liquor supplier or liquor agency may enter into an agreement with a liquor licensee whose licence authorizes the sale of liquor to customers for their own consumption in which the licensee agrees to sell the liquor of the supplier or agency.

(2)  Unless the regulations provide otherwise, no liquor licensee whose licence authorizes the sale of liquor to customers for their own consumption may enter into an agreement with a liquor supplier or liquor agency in which the licensee agrees to sell the liquor of the supplier or agency.

(3)  Unless the regulations provide otherwise, an agreement entered into in contravention of subsections (1) and (2) is void.

1996 cG‑0.5 s63

Advertising and promoting of liquor

67(1)  The board may make policies respecting the advertising and promoting of liquor or products that contain liquor.

(2)  Every liquor licensee, liquor supplier, liquor agent and registrant under this Part must comply with the policies.

1996 cG‑0.5 s64

Sale at licensed premises

68(1)  No liquor licensee or employee or agent of a liquor licensee whose licence authorizes the sale or provision of liquor at licensed premises may sell, offer to sell or provide liquor at the licensed premises

                           (a)    unless the liquor was purchased from the Commission or acquired in accordance with board policies, and

                           (b)    except during the hours and on the days when the liquor may be sold or provided under the regulations or stadium bylaws.

(2)  No liquor licensee or employee or agent of a liquor licensee may sell, offer to sell or provide from the licensed premises liquor to be consumed off the licensed premises unless the licensee’s licence authorizes those activities.

1996 cG‑0.5 s65

Conduct on licensed premises

69(1)  No liquor licensee or employee or agent of a liquor licensee may permit any activity in the licensed premises that

                           (a)    is contrary to any municipal bylaw or any Act or regulation of Alberta or Canada,

                           (b)    is detrimental to the orderly operation of the premises,

                           (c)    may be injurious to the health or safety of people in the premises, or

                           (d)    is prohibited under the licence or by the regulations.

(2)  No person may do anything in licensed premises that

                           (a)    is detrimental to the orderly operation of the premises,

                           (b)    may be injurious to the health or safety of people in the premises, or

                           (c)    is prohibited under the licence or by the regulations.

RSA 2000 cG‑1 s69;2002 c15 s17

Maintaining public order and safety in licensed
premises — gangs

69.1(1)  In this section,

                           (a)    “gang” means a group of people engaged in a pattern of unlawful behaviour or in creating an atmosphere of fear or intimidation in a community;

                           (b)    “unlawful behaviour” means

                                  (i)    production, sale, importation, exportation or trafficking of a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada),

                                (ii)    prostitution or living on the avails of prostitution,

                               (iii)    unlawful possession or transfer of firearms, or

                               (iv)    violence, threats, extortion or intimidation.

(2)  For the purposes of this section, a person is associated with a gang if the person

                           (a)    is a member of the gang,

                           (b)    supports, facilitates or participates in the gang’s activities, or

                           (c)    is in the company of a person described in clause (a) or (b).

(3)  A police officer may exclude or remove from licensed premises any person the police officer believes to be associated with a gang.

(4)  A police officer need not rely on personal knowledge in concluding that a person is associated with a gang but may rely on information from others, including but not limited to

                           (a)    information regarding

                                  (i)    any admission of association with a gang,

                                (ii)    use of names, signs, symbols or other representations used by a gang,

                               (iii)    a person’s presence at the scene of unlawful behaviour by a gang, regardless of whether the person participated in the unlawful behaviour,

                               (iv)    receipt of benefits from a gang, and

                                 (v)    frequent association with persons associated with a gang,

                               and

                           (b)    any other categories of information set out in the regulations.

(5)  For greater certainty, a police officer’s good faith belief that a person is associated with a gang is itself sufficient grounds for the exclusion or removal of the person from licensed premises under this section.

(6)  Every person who is directed to leave licensed premises by a police officer acting under subsection (3) shall comply with the direction.

(7)  A person who contravenes subsection (6) is a trespasser on the licensed premises.

2009 c23 s15

Collection of personal information by licensee

69.2(1)  A licensee may, before allowing a person to enter licensed premises, collect the person’s name, age and photograph.

(2)  If a licensee has personal knowledge or reasonably believes that a person referred to in subsection (1) has, at any time within the preceding year, engaged in an activity referred to in section 69(1) or (2), the licensee may, in good faith, disclose the person’s name, age and photograph to other licensees for the purpose of allowing them to determine whether they wish to allow the person to enter licensed premises.

(3)  A licensee must, as soon as possible after a request is made by a police officer, disclose to the police officer any information collected under subsection (1).

2009 c23 s16

Leaving licensed premises when requested

70   No person may

                           (a)    remain in licensed premises after having been requested to leave the premises by the liquor licensee or an employee or agent of the liquor licensee, or

                           (b)    enter licensed premises after having been forbidden to enter the premises by the liquor licensee or an employee or agent of the liquor licensee.

1996 cG‑0.5 s67

Leaving licensed premises on closing

71(1)  Except in those licensed premises prescribed in the regulations, every person other than the liquor licensee and the liquor licensee’s employees or agents must leave licensed premises when the sale and consumption of liquor in those premises are required to cease under the regulations or stadium bylaws.

(2)  Except as provided in the regulations, no liquor licensee or employee or agent of a liquor licensee may permit any person to be in licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws.

(3)  No person may consume and no liquor licensee or employee or agent of a liquor licensee may permit a person to consume liquor on licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws.

1996 cG‑0.5 s68

Homemade liquor

72(1)  No liquor licensee or employee or agent of a liquor licensee may permit liquor referred to in section 86(1) on any licensed premises unless the liquor is being judged in a competition authorized by a special event licence.

(2)  No person may on any licensed premises consume liquor that the person knows has been made under the authority of section 86(1) unless the consumption occurs as part of the judging of the liquor in a competition authorized by a special event licence.

1996 cG‑0.5 s69

Adulteration of liquor

73(1)  No liquor licensee or employee or agent of a liquor licensee or any other person may, except as permitted under the board policies,

                           (a)    mix or permit to be mixed with any liquor that is in the possession of a liquor licensee any drug or any form of methyl alcohol or any crude, unrectified or impure form of ethyl alcohol or any other deleterious substance or liquid, or

                           (b)    blend or permit to be blended one type or brand of liquor with another type or brand of liquor that is in the possession of a liquor licensee by exchanging or combining the contents of one container with those of another container except when using an automatic dispensing device approved by the Commission.

(2)  No liquor licensee or employee or agent of a liquor licensee may, except as permitted under the board policies, add water or any other liquid or permit water or any other liquid to be added to any liquor sold or given to a customer so as to reduce the percentage of alcohol by volume without the knowledge and consent of the customer.

RSA 2000 cG‑1 s73;2002 c15 s18;2018 c7 s2

Minors on licensed premises

74(1)  If a person who appears to be a minor requests to purchase or be given liquor from a liquor licensee, the licensee or other person to whom the request is made must, before granting the request, demand that the person who appears to be a minor provide proof of age.

(2)  No minor may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

(3)  No liquor licensee may permit a minor to enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

(4)  If a person who appears to be a minor enters licensed premises that a minor is not entitled to enter or be in, the liquor licensee must demand that the person who appears to be a minor produce proof of age.

(5)  If a person makes a request for identification under subsection (1) or (4) and the person who appears to be a minor fails to produce identification that is satisfactory to the person making the request, the liquor licensee must

                           (a)    not serve liquor to that person, and

                           (b)    refuse the person entry or ask the person to leave if the licence prohibits a minor from entering and being in those licensed premises.

1996 cG‑0.5 s71

Supplying liquor to minor

75   No person may give or sell or permit any person to give or sell liquor to a minor in licensed premises.

1996 cG‑0.5 s72

Duty to intoxicated person

75.1   No liquor licensee may

                           (a)    sell or provide liquor in the licensed premises to a person apparently intoxicated by liquor or a drug,

                           (b)    permit a person apparently intoxicated by liquor or a drug to consume liquor in the licensed premises, or

                           (c)    permit a person apparently intoxicated by liquor or a drug to take part in a gaming activity or provincial lottery that is conducted in the licensed premises.

2002 c15 s19

Activities Involving Liquor

Commissions general authority

76   The Commission may import, purchase, sell, transport, possess and store liquor.

1996 cG‑0.5 s73

Importation

77   No person may import liquor into Alberta unless

                           (a)    the liquor has been purchased by or on behalf of the Commission and the liquor is consigned to the Commission,

                           (b)    the person is a manufacturer and the board has authorized the manufacturer to import the liquor for the purposes of blending with and flavouring liquor made by the manufacturer, or

                           (c)    the importation is authorized by this Act or a federal Act.

1996 cG‑0.5 s74

Business of transporting passengers

78   The board may authorize a liquor licensee that is in the business of transporting passengers in a commercial public conveyance, other than local transit buses and trains, to bring liquor into Alberta in the commercial public conveyance, and the liquor may be sold to passengers in the commercial public conveyance in accordance with the licence.

1996 cG‑0.5 s75

Sales to Commission

79(1)  No manufacturer may sell the liquor it makes to any person other than the Commission unless the manufacturer’s liquor licence provides otherwise.

(2)  Subsection (1) does not apply to liquor that a manufacturer exports from Alberta.

(3)  No person who imports liquor under section 77(b) or (c) may sell the liquor to any person other than the Commission unless the board provides otherwise.

1996 cG‑0.5 s76

Sales to licensee

80(1)  The Commission may impose a mark‑up as determined by the Commission on liquor that it sells to liquor licensees.

(2)  When the Commission sells liquor to liquor licensees, the price of liquor must be the same, at any one time, for all licensees holding the same class of licence.

(3)  The Commission must not deliver liquor it has sold until the purchaser has paid for the liquor in the manner required by the board.

(4)  In subsection (1), “mark‑up” means the profit generated by the Commission on the sale of liquor.

RSA 2000 cG‑1 s80;2002 c15 s20

Prohibited sales

81   Unless authorized by this Act or a liquor licence, no person may through the person’s own actions or through the person’s employees or agents

                           (a)    display liquor for sale,

                           (b)    store liquor for sale, or

                           (c)    directly or indirectly sell or offer to sell liquor.

1996 cG‑0.5 s78

Sale of liquor under Civil Enforcement Act

82   A civil enforcement agency may seize liquor in accordance with the Civil Enforcement Act, and the board may, subject to any conditions it considers advisable, authorize the civil enforcement agency to sell the liquor.

1996 cG‑0.5 s79

Transportation

83   A common carrier or other person may, in accordance with this Act, transport liquor from a place where liquor is lawfully located to another place where liquor may be lawfully located.

1996 cG‑0.5 s80

Consumption in vehicles

84   Except as otherwise provided for in this Act or in a liquor licence, no person may consume liquor in a vehicle unless, when the liquor is being consumed, the vehicle is a temporary residence.

1996 cG‑0.5 s81

Gift of liquor

85   Subject to the regulations, a person other than a minor may make a gift of liquor that was lawfully made, purchased or imported and a person other than a minor may receive a gift of this liquor.

1996 cG‑0.5 s82

Adults

86(1)  An adult may make wine, cider and beer, up to a quantity permitted under the regulations, in a premises licensed for that purpose or in the adult’s residence.

(2)  No adult may make spirits except in accordance with a licence.

(3)  An adult may import into Alberta liquor of a kind and up to a quantity that is permitted under the regulations.

(4)  An adult may purchase liquor from a licensee or as otherwise authorized by the regulations.

(5)  An adult may possess liquor lawfully made, purchased, imported or received as a gift, and

                           (a)    store it in a residence, temporary residence or other place authorized by this Act, and

                           (b)    use and consume it in a residence, temporary residence or other place authorized by this Act.

RSA 2000 cG‑1 s86;2018 c7 s2

Minors

87(1)  Subject to subsection (3) and section 88, no minor may

                           (a)    purchase or attempt to purchase liquor;

                           (b)    obtain or attempt to obtain liquor;

                           (c)    possess or consume liquor.

(2)  Subject to subsection (3) and section 88, no person may sell, attempt to sell or give liquor to a minor.

(3)  An adult who is the parent, guardian or spouse or adult interdependent partner of a minor and who is in lawful possession of liquor may give the liquor to a minor in a residence or a temporary residence.

RSA 2000 cG‑1 s87;2002 cA‑4.5 s39

Religious ceremonies

88   A priest, minister, member of a clergy or other religious leader may, in the performance of religious ceremonies or sacraments, give liquor, approved by the Commission for sacramental purposes, to a minor or an adult in accordance with the practices of the religion.

1996 cG‑0.5 s86

Public place

89(1)  Except as provided in this Act, no person may use or consume liquor in a public place or any place other than a residence, temporary residence, licensed premises or a place or class of place prescribed in the regulations where liquor may be used or consumed.

(2)  Despite subsection (1), a person may consume liquor with food in a public park in a picnic area designated by the owner or operator of the public park during the hours designated by the owner or operator if a sign is posted that

                           (a)    states that a person may consume liquor with food in the designated picnic area,

                           (b)    sets out the designated picnic area, and

                           (c)    sets out the hours when liquor may be consumed with food.

(3)  A person must stop consuming liquor in a designated picnic area if a peace officer on reasonable and probable grounds believes that the person is intoxicated or is not consuming food while consuming liquor in a designated picnic area and the peace officer requests that person to stop consuming liquor.

1996 cG‑0.5 s86

Unauthorized places

90   An owner or operator, or an employee or agent of an owner or operator, of a place that is not

                           (a)    a residence,

                           (b)    a temporary residence,

                           (c)    licensed premises,

                           (d)    a place prescribed in the regulations where liquor may be stored, used or consumed, or

                           (e)    a picnic area in a public park that is designated and where a sign is posted in accordance with section 89(2),

may not knowingly allow a person to possess, use or consume any liquor at that place.

1996 cG‑0.5 s87

Part 3.1
Cannabis

Commissions general authority

90.01   Subject to the federal Act, the Commission may import, distribute, purchase, sell, transport, possess and store cannabis.

2017 c21 s7;2018 c7 s1

Issuing cannabis licences

90.02(1)  The board may, with or without a hearing, issue a cannabis licence if

                           (a)    the board considers it appropriate to do so,

                           (b)    the applicant is eligible to receive the cannabis licence, and

                           (c)    the requirements of the Act for issuing the cannabis licence have been met.

(2)  A cannabis licence must not be issued in respect of more than one premises.

2017 c21 s7

Minors on licensed premises

90.03(1)  No minor may enter or be in and no licensee may permit a minor to enter or be in licensed premises.

(2)  If a person who appears to be less than 25 years old requests to purchase or be given cannabis from a cannabis licensee or an employee or agent of a cannabis licensee, the licensee, employee or agent must, before granting the request, demand that the person provide proof of age.

(3)  If a person who appears to be less than 25 years old enters licensed premises, the cannabis licensee or an employee or agent of the cannabis licensee must demand that the person produce proof of age.

(4)  If a cannabis licensee, employee or agent referred to in subsection (2) or (3) demands that a person produce proof of age and the person fails to produce proof of age that is satisfactory to the licensee, employee or agent making the request, the licensee, employee or agent must

                           (a)    not provide cannabis to that person, and

                           (b)    refuse the person entry or ask the person to leave the licensed premises.

2017 c21 s7

Prohibition — supplying cannabis to minor

90.04   No cannabis licensee or employee or agent of a cannabis licensee may give or sell or permit any person to give or sell cannabis to a minor in licensed premises.

2017 c21 s7

Duty to intoxicated person

90.05   No cannabis licensee may

                           (a)    sell or provide cannabis in the licensed premises to a person apparently intoxicated by liquor or a drug, or

                           (b)    permit a person apparently intoxicated by liquor or a drug to use cannabis in the licensed premises.

2017 c21 s7

Prohibited sales

90.06   No cannabis licensee may sell cannabis unless it has been produced by a person that is authorized under the federal Act to produce cannabis for commercial purposes.

2017 c21 s7

Conditions

90.07(1)  The board’s policies respecting the activities authorized by a cannabis licence are conditions of the licence, including policies made or amended after the licence is issued.

(2)  The Commission must make available to a cannabis licensee the board policies that are conditions of the cannabis licence and must notify the licensee if those policies are amended after the licence is issued.

(3)  When issuing a cannabis licence or at any time during the term of the licence, the board may, with or without a hearing, impose conditions on the licence that are in addition to the conditions referred to in subsection (1).

(4)  When the board imposes a condition under subsection (3) without a hearing, the board must give the cannabis licensee information about an application for a hearing.

(5)  It is a condition of every cannabis licence that the licensee must, in accordance with the regulations,

                           (a)    keep records respecting the licensee’s activities in relation to cannabis that the licensee possesses for commercial purposes, and

                           (b)    take measures to reduce the risk of cannabis that the licensee possesses for commercial purposes being diverted to an illicit market or activity.

2017 c21 s7

Qualified employees

90.071(1) The Commission may create and maintain a list of individuals who have met the requirements of this Act and the regulations that are applicable to employees of cannabis licensees and, in maintaining the list, may remove the names of individuals who cease to meet those requirements.

(2)  The Commission may collect, use and disclose information, including personal information, for the purposes of creating and maintaining the list referred to in subsection (1).

(3)  Before employing an individual to work in a premises that is the subject of a cannabis licence, the cannabis licensee must confirm that the individual is in good standing on the list referred to in subsection (1).

2017 c21 s7;2018 c7 s1

Cannabis control

90.08(1)  Subject to the federal Act, no person may import, distribute, grow, transport, store, purchase, sell, give, possess or use cannabis except in accordance with this Act or a cannabis licence.

(2)  Subject to the federal Act,

                           (a)    no person, other than a department or agency designated by the Minister, may sell cannabis online, and

                           (b)    no person may purchase cannabis online except from a department or agency designated by the Minister.

2017 c21 s7

Separate business

90.09(1)  The board may not issue a cannabis licence that authorizes the sale of cannabis unless

                           (a)    the business under which the activities authorized by the licence will be carried out is separate from any other business of the applicant, and

                           (b)    the activities authorized by the licence will be carried out in a location where no alcohol, tobacco, pharmaceuticals or other things are sold except cannabis, unless the other things sold are cannabis accessories or prescribed things.

(2)  Despite subsection (1)(a), the board may issue more than one cannabis licence that authorizes the sale of cannabis if the business under which the activities authorized by those licences will be carried out is separate from any other business of the applicant.

(3)  Despite subsection (1)(b), the board may, in accordance with the regulations, issue a cannabis licence that authorizes the sale of cannabis in a location where things other than cannabis accessories or prescribed things are sold.

2017 c21 s7;2018 c7 s1

Eligibility of minors

90.1   No cannabis licence may be issued

                           (a)    to a minor, or

                           (b)    to a corporation if any of the corporation’s directors or officers are minors, or if the employee or agent who is to be in charge of the premises described in the application is a minor.

2017 c21 s7

Eligibility of persons related to Commission

90.11   No cannabis licence may be issued

                           (a)    to or for the benefit of a person who is a member of the board or an employee or agent of the Commission, or

                           (b)    in respect of any premises if a member of the board or an employee or agent of the Commission is an owner or part owner of the premises or holds an interest in the premises.

2017 c21 s7

Sales to cannabis licensee

90.12(1)  In selling cannabis to a cannabis licensee or other purchaser, the Commission may charge whatever price, including any mark-up, that it considers appropriate.

(2)  When the Commission sells cannabis to cannabis licensees, the price of cannabis must be the same, at any one time, for all licensees holding the same class of licence.

(3)  The Commission must not deliver cannabis it has sold to a cannabis licensee until the licensee has paid for the cannabis in the manner required by the board.

(4)  In subsection (1), “mark-up” means the profit generated by the Commission on the sale of cannabis.

2017 c21 s7;2018 c7 s1

Representatives of
Cannabis Suppliers

Registration required

90.13(1)  No cannabis supplier may authorize any person to be its representative in the sale of the supplier’s cannabis unless the person is registered with the Commission for that purpose.

(2)  No person may act as the representative of a cannabis supplier in the sale of the supplier’s cannabis unless the person is registered with the Commission for that purpose.

(3)  The board is responsible for registrations under this Part.

(4)  Registrations are governed by the regulations.

2017 c21 s7

Regulation of Cannabis
Licensees and Activities
on Licensed Premises

Forced sales

90.14   No cannabis licensee or employee or agent of a cannabis licensee may require or demand, by force or otherwise, that a person buy cannabis in the licensed premises.

2017 c21 s7

Remuneration based on cannabis sales

90.15(1)  No person may enter into an agreement in which one party is to receive remuneration for working in licensed premises if the remuneration varies with the amount of cannabis sold at the licensed premises.

(2)  An agreement entered into in contravention of subsection (1) is void.

2017 c21 s7

Agreements

90.16   Except to the extent, if any, that the regulations provide otherwise,

                           (a)    no cannabis licensee may enter into an agreement with a cannabis supplier or registrant to sell or promote the sale of the supplier’s cannabis,

                           (b)    no cannabis supplier or registrant may enter into an agreement with a cannabis licensee to sell or promote the sale of the supplier’s cannabis, and

                           (c)    an agreement entered into in contravention of this section is void.

2017 c21 s7

Advertising, display and promotion of cannabis
and cannabis accessories

90.17(1)  The board may make policies respecting the advertising, display and promotion of cannabis and cannabis accessories.

(2)  Every cannabis licensee and registrant under section 90.13 must comply with the policies.

2017 c21 s7;2018 c7 s1

Business name and signage

90.171(1)  It is a condition of every cannabis licence that

                           (a)    signage for a premises described in the licence must not use

                                  (i)    any term commonly associated with medicine, health or pharmaceuticals, including, without limitation, the term pharmacy, dispensary, apothecary, drug store, medicine, medicinal, health, therapeutic or clinic, or

                                (ii)    any symbol or graphic commonly associated with a term referred to in subclause (i),

                               and

                           (b)    the name of a business under which a premises described in the licence is operated must not include a term referred to in clause (a)(i).

(2)  In this section, a reference to a term includes any derivation or abbreviation of the term.

2017 c21 s7;2018 c7 s1

Sale of cannabis at licensed premises

90.18(1)  No cannabis licensee or employee or agent of a cannabis licensee whose licence authorizes the sale or provision of cannabis at licensed premises may sell, offer to sell or provide cannabis at the licensed premises except

                           (a)    where the cannabis is authorized to be sold by the Commission or acquired in accordance with board policies, and

                           (b)    in accordance with the regulations.

(2)  No cannabis licensee or employee or agent of a cannabis licensee may alter in any way, or permit any other person to alter in any way, cannabis that is offered for sale at a licensed premises.

2017 c21 s7;2018 c7 s1

Conduct on licensed premises

90.19(1)  No cannabis licensee or employee or agent of a cannabis licensee may permit any activity in the licensed premises that

                           (a)    is contrary to any municipal bylaw or any Act or regulation of Alberta or Canada,

                           (b)    is detrimental to the orderly operation of the licensed premises,

                           (c)    may be injurious to the health or safety of people in the licensed premises, or

                           (d)    is prohibited under the cannabis licence or by the regulations.

(2)  No person may do anything in licensed premises that

                           (a)    is detrimental to the orderly operation of the licensed premises,

                           (b)    may be injurious to the health or safety of people in the licensed premises, or

                           (c)    is prohibited under the cannabis licence or by the regulations.

2017 c21 s7

Leaving licensed premises when requested

90.2   No person may

                           (a)    remain in licensed premises after having been requested to leave the premises by the cannabis licensee or an employee or agent of the cannabis licensee, or

                           (b)    enter licensed premises after having been forbidden to enter the premises by the cannabis licensee or an employee or agent of the cannabis licensee.

2017 c21 s7

Leaving licensed premises on closing

90.21(1)  Except in those licensed premises prescribed in the regulations, every person other than the cannabis licensee and the cannabis licensee’s employees or agents must leave licensed premises when the sale and use of cannabis in those premises are required to cease under the regulations or municipal bylaws.

(2)  Except as provided in the regulations, no cannabis licensee or employee or agent of a cannabis licensee may permit any person to be in licensed premises when the sale and use of cannabis in those premises are prohibited under the regulations or municipal bylaws.

(3)  No person may use and no cannabis licensee or employee or agent of a cannabis licensee may permit a person to use cannabis in licensed premises when the sale and use of cannabis in those premises are prohibited under the regulations or municipal bylaws.

2017 c21 s7

Activities Involving Cannabis

Sales to Commission

90.22   No cannabis supplier may sell cannabis to any person other than the Commission unless the cannabis supplier holds a licence under the federal Act that provides otherwise.

2017 c21 s7

Prohibited sales

90.23   Subject to the federal Act, unless authorized by this Act or a cannabis licence no person may, through the person’s own actions or through the person’s employees or agents,

                           (a)    display cannabis for sale,

                           (b)    store cannabis for sale, or

                           (c)    directly or indirectly sell or offer to sell cannabis.

2017 c21 s7

Use of cannabis in vehicles prohibited

90.24   Except as otherwise provided for in this Act or in a cannabis licence, no person may use cannabis in a vehicle unless, when the cannabis is being used, the vehicle is a temporary residence.

2017 c21 s7

Transportation

90.25(1)  No person may transport cannabis in a vehicle unless the cannabis is contained in closed packaging that is out of reach of the driver and any other occupants of the vehicle.

(2)  Subject to subsection (1), a common carrier or other person may, in accordance with this Act, transport cannabis from a place where cannabis is lawfully located to another place where cannabis may be lawfully located.

2017 c21 s7

Minors

90.26   No minor may

                           (a)    purchase or attempt to purchase cannabis;

                           (b)    obtain or attempt to obtain cannabis;

                           (c)    possess or attempt to possess cannabis.

2017 c21 s7

Prohibition — growing cannabis

90.27  Subject to the federal Act, no person may grow cannabis except in accordance with the regulations.

2017 c21 s7

Smoking and vaping prohibited

90.28   No person may smoke or vape cannabis

                           (a)    in any area or place where that person is prohibited from smoking under the Tobacco and Smoking Reduction Act or any other Act or the bylaws of a municipality,

                           (b)    on any hospital property, school property or child care facility property,

                           (c)    in or within a prescribed distance from

                                  (i)    a playground,

                                (ii)    a sports or playing field,

                               (iii)    a skateboard or bicycle park,

                               (iv)    a zoo,

                                 (v)    an outdoor theatre,

                               (vi)    an outdoor pool or splash pad, or

                              (vii)    any other area or place that is prescribed or otherwise described in the regulations.

2017 c21 s7

Owners and operators

90.29   No owner or operator of a place where the smoking or vaping of cannabis is prohibited under this Act may permit a person to smoke or vape cannabis in that place.

2018 c7 s1

Part 4
Board Hearings and Sanctions

Suspension, cancellation, etc. by board

91(1)   The board may do any one or more of the things referred to in subsection (2) if the board is of the opinion that

                           (a)    a licensee or registrant has failed to comply with this Act, an order of the board or a condition imposed on a licence or registration;

                           (b)    a liquor licensee has failed to comply with stadium bylaws;

                           (c)    a licensee has failed with respect to licensed premises or a licensed facility to comply with the Safety Codes Act, orders under the Public Health Act or any municipal bylaw;

                           (d)    an owner of licensed premises or facilities or a manager of licensed premises or facilities or, if the licensee is a corporation, an employee or agent of the corporation who is in charge of the licensed premises or facilities has been charged with or convicted of an offence under this Act, the Criminal Code (Canada) or other federal legislation, stadium bylaws or a municipal bylaw referred to in section 90.21;

                           (e)    if the licensee or registrant is a corporation, a shareholder, director, officer or employee of the corporation has been charged with or convicted of an offence under this Act or the Criminal Code (Canada) or other federal legislation;

                            (f)    a licensee or registrant has committed any act that is contrary to the public interest or that detracts from the integrity with which activities authorized by the licence are to be conducted in Alberta.

(2)  If subsection (1) applies, the board may, by order, with respect to a licensee or registrant, do any one or more of the following, with or without a hearing:

                           (a)    issue a warning;

                           (b)    impose conditions on the licence or registration or rescind or amend existing conditions on the licence or registration;

                           (c)    impose a fine of not more than

                                  (i)    $1 000 000 in a case where a person has failed to comply with this Act or an enactment or bylaw referred to in subsection (1)(b) or (c) or has been charged with or convicted of an offence referred to in subsection (1)(d) or (e), or

                                (ii)    $200 000 in any other case,

                                    and refuse to issue or reinstate a licence or a registration until the fine is paid;

                           (d)    subject to this section, suspend or cancel the licence or registration;

                           (e)    in a case where a person referred to in subsection (1)(d) or (e) has been charged but not convicted of an offence referred to in that clause or in a case to which subsection (1)(f) applies, begin an investigation of the matter and suspend the licence or registration pending completion of the investigation.

(2.1)  The board may establish amounts of fines for the purposes of subsection (2)(c) and may delegate to the chief executive officer the power to impose and collect the fines.

(2.2)  If the power to impose and collect fines is delegated to the chief executive officer under subsection (2.1),

                           (a)    the opinion required under subsection (1) is to be formed by the chief executive officer instead of the board, and

                           (b)    any fine imposed under subsection (2)(c) may be imposed by the chief executive officer by means of a written instrument in a form approved by the board, instead of by board order.

(3)  A licence or registration may not be cancelled

                           (a)    where a person referred to in subsection (1)(d) or (e)

                                  (i)    has been charged but not convicted, until after the Commission has completed an investigation of the matter, or

                                (ii)    has been convicted, until after the conviction becomes final,

or

                           (b)    in a case to which subsection (1)(f) applies, until after the Commission has completed an investigation of the matter.

RSA 2000 cG‑1 s91;2002 c15 s21;2009 c23 s17;2017 c21 s8;2018 c7 s2

Order directing the use of proceeds or freezing property

91.1(1)  The board may make an order as provided in subsection (2) if the board believes on reasonable grounds that it is advisable to make an order to ensure that a gaming licensee or former gaming licensee uses the revenue from gaming activities in accordance with this Act, the Criminal Code (Canada) and the conditions imposed on the gaming licence.

(2)  If subsection (1) applies, the board may, by order, with or without a hearing, do any one or more of the following:

                           (a)    direct a gaming licensee or former gaming licensee to use the revenue from a gaming activity for a charitable or religious object or purpose chosen by the licensee or former licensee and approved by the board, or chosen by the board in accordance with subsection (6);

                           (b)    direct a person who has on deposit or under its control or in its safekeeping any money or other property of a gaming licensee or former gaming licensee to hold the money or other property;

                           (c)    direct a gaming licensee or former gaming licensee to refrain from dealing with or withdrawing its money or other property from any person who has the money or other property on deposit or under its control or in its safekeeping.

(3)  An order made under subsection (2) does not take effect until it is served on the person to whom it is directed.

(4)  An order made under subsection (2) that is directed to a financial institution applies only to the office, branch or agency of the financial institution named in the order.

(5)  A person to whom an order under subsection (2) is directed who is in doubt as to

                           (a)    the application of the order to any money or other property, or

                           (b)    a claim being made to that person by any person not named in the order

may apply to the board for direction as to the disposition of the money, other property or claim.

(6)  If a person to whom an order under subsection (2)(a) is directed refuses or fails to choose a charitable or religious object or purpose that is approved by the board, the board may choose one.

(7)  A person to whom an order under subsection (2)(b) is directed must hold the money or other property in trust for the beneficial owner until the board revokes or varies the order.

(8)  The board may revoke or vary an order made under this section and may require the person whose money or other property is subject to the order to file with the board security in a form and an amount acceptable to the board.

2002 c15 s22

Sanction if licensee becomes ineligible

92(1)  The board may do any one or more of the things referred to in subsection (2) if, after a licence is issued or a person is registered, the licensee or registrant becomes ineligible to hold a licence or to be registered because of either the licensee’s or registrant’s own actions or the actions of an employee or associate of the licensee or registrant.

(2)  If subsection (1) applies, the board may, by order, with or without a hearing, do any one or more of the following:

                           (a)    cancel or suspend the licence or registration;

                           (b)    require a person to dispose of an interest in the business under which the activities authorized by the licence or registration are carried out;

                           (c)    require a person to dispose of an interest in licensed premises or facilities.

(3)  If the ineligibility referred to in subsection (1) is caused by a conviction of an offence under this Act or a federal Act specified in the regulations, the board may not make an order under subsection (2) until the conviction becomes final.

RSA 2000 cG‑1 s92;2002 c15 s23

Board order

93   When the board makes an order under section 91, 91.1(2) or 92, the board must give the licensee or registrant

                           (a)    a copy of the order,

                           (b)    a written summary of the reasons and information on which the order is based, and

                           (c)    information about an application for a hearing if the order was made without a hearing.

RSA 2000 cG‑1 s93;2002 c15 s24

Fine imposed by chief executive officer

93.1   Where, pursuant to a delegation made under section 91(2.1), the chief executive officer imposes a fine under section 91(2)(c), the chief executive officer must give the licensee or registrant

                           (a)    a copy of the written instrument by which the fine is imposed,

                           (b)    a written summary of the reasons and information on which the fine is based, and

                           (c)    information about the right to apply for a hearing.

2009 c23 s18

Application for board hearing

94(1)  A licensee or registrant may apply to the board for a hearing if any of the following has occurred without a hearing in respect of that licensee or registrant:

                           (a)    the board has made an order under section 91, 91.1(2) or 92;

                        (a.1)    the chief executive officer has, pursuant to a delegation made under section 91(2.1), imposed a fine under section 91(2)(c);

                           (b)    the board has imposed conditions on the licence under section 38(3), 61(3) or 90.07(3);

                           (c)    the board has imposed conditions on the registration under the regulations.

(2)  A person who is refused a licence or registration by the board without a hearing may apply to the board for a hearing.

(3)  A person whose liquor, cannabis, containers, gaming terminals or gaming supplies have been seized under section 95, 95.1 or 106 may apply to the board for a hearing.

(4)  An applicant for a hearing must apply in writing to the board within 30 days after receiving notice of the matter in respect of which a hearing is requested, or a longer period as the board permits.

(5)  The application must describe the matter in respect of which a hearing is requested and set out the reasons for making the application.

(6)  Within 120 days after receiving an application, the board must conduct a hearing and give the applicant an opportunity to make representations to the board.

(7)  After a hearing under this section, the board may by order

                           (a)    confirm the original order or decision,

                           (b)    replace the order or decision with another order or decision made in accordance with the authority for the order or decision,

                           (c)    cancel the original order or decision, or

                           (d)    in the case of a hearing applied for under subsection (3), confirm the seizure and declare the goods forfeited to the Commission or direct that any or all of the seized goods be returned.

(8)  The board must provide the applicant with a copy of its order and written reasons.

RSA 2000 cG‑1 s94;2002 c15 s25;2009 c23 s19;2017 c21 s9;2018 c7 s2

Disposition of liquor

95(1)  When a liquor licence is suspended or cancelled, the Commission may purchase liquor from the person whose licence has been suspended or cancelled or authorize the person to sell the liquor to a licensee if the liquor is, in the opinion of the Commission, suitable for resale.

(2)  If the liquor in the possession of a person whose liquor licence has been suspended or cancelled was not lawfully acquired or is not, in the opinion of the Commission, suitable for resale, the liquor and containers are forfeited to the Commission and the person must, on the request of the Commission, deliver all liquor and containers in the person’s possession pursuant to the licence or on the licensed premises to the Commission.

(3)  If the person whose licence has been suspended or cancelled fails to deliver liquor and containers as requested under subsection (2), the liquor and containers may be seized by an inspector.

(4)  When an inspector seizes liquor and containers, the inspector must

                           (a)    give a notice to the person from whom the liquor and containers were seized that sets out the reasons for the seizure and notifies the person of the right to a hearing before the board, and

                           (b)    deliver the liquor and containers to the Commission.

1996 cG‑0.5 s92

Disposition of cannabis

95.1(1)  When a cannabis licence is suspended or cancelled, the Commission may purchase cannabis from the person whose licence has been suspended or cancelled or authorize the person to sell the cannabis to a cannabis licensee if the cannabis is, in the opinion of the Commission, suitable for resale.

(2)  If the cannabis in the possession of a person whose cannabis licence has been suspended or cancelled was not lawfully acquired or is not, in the opinion of the Commission, suitable for resale, the cannabis and any containers in which the cannabis is held are forfeited to the Commission and the person must, on the request of the Commission, deliver all cannabis and containers in the person’s possession pursuant to the cannabis licence or on the premises described in the cannabis licence to the Commission.

(3)  If the person whose cannabis licence has been suspended or cancelled fails to deliver cannabis and containers as requested under subsection (2), the cannabis and containers may be seized by an inspector. 

(4)  When an inspector seizes cannabis, the inspector must

                           (a)    give a notice to the person from whom the cannabis and any containers were seized that sets out the reasons for the seizure and notifies the person of the right to a hearing before the board, and

                           (b)    deliver the cannabis and any containers that were seized to the Commission.

2017 c21 s10

Disposition of gaming supplies

96   A person whose facility licence has been suspended or cancelled must dispose of any gaming supplies in the person’s possession in accordance with the board’s instructions.

1996 cG‑0.5 s93

Notices

97(1)  Notice of any decision or board order made under section 38(3), 61(3), 90.07(3), 91, 91.1 or 92 or of any decision or order made under the regulations that imposes conditions on a registration must be given to the licensee or registrant as follows:

                           (a)    by registered mail to the last address of the licensee or registrant as shown in the Commission’s records;

                           (b)    by personal delivery to the licensee or registrant or an agent of the licensee or registrant;

                           (c)    by telecopier to the fax number of the licensee or registrant if

                                  (i)    the licensee or registrant has provided that fax number to the Commission for the purpose of receiving notices under this Act, and

                                (ii)    the Commission receives confirmation that the notice was sent to that fax number;

                           (d)    by any other electronic means if

                                  (i)    the licensee or registrant has consented to receive notices under this Act in that manner, and

                                (ii)    the licensee or registrant acknowledges receipt of the notice.

(2)  Unless otherwise provided for in this Act, any other notice that is to be given to a person under this Act by the board or the Commission may be sent by ordinary mail to the last address of the person as shown in the Commission’s records.

RSA 2000 cG‑1 s97;2002 c15 s26;2017 c21 s11

Part 4.1
Additional Powers of Commission

Appointment of receiver and manager

97.1(1)  The Commission may apply to the Court of Queen’s Bench for the appointment of a receiver and manager of the property of a facility licensee

                           (a)    if

                                  (i)    the Commission has reasonable grounds to believe that the board is about to make, or

                                (ii)    the board has made

a decision suspending or cancelling the facility licence, or

                           (b)    if the facility licence will be or has been suspended or cancelled by operation of this Act or the regulations.

(2)  In determining whether to appoint a receiver and manager under this section, the Court must consider at least the following:

                           (a)    that it is in the public interest to ensure that gaming activities in Alberta be conducted lawfully and with integrity;

                           (b)    the best interests of charities that depend on revenue from gaming activities;

                           (c)    the best interests of employees who work in the licensed facility;

                           (d)    the best interests of creditors and persons whose property is in the possession or under the control of the facility licensee;

                           (e)    whether the appointment of a receiver and manager will be an effective means of ensuring the continued management and operation of the licensed facility;

                            (f)    the probable cost of the receivership in relation to the probable benefits to be derived by the appointment of a receiver and manager;

                           (g)    whether the appointment of a receiver and manager will cause undue hardship or prejudice to the facility licensee or another person.

(3)  An application under this section may be made ex parte if the Court considers it proper to do so in the circumstances.

(4)  If an application under this section is made ex parte, the Court may make an order appointing a receiver and manager for a period not exceeding 15 days.

(5)  A receiver and manager appointed under this section is the receiver and manager of only that part of the property of the facility licensee that is part of or necessary or incidental to the operation of the licensed facility and that is

                           (a)    owned or leased by the facility licensee or otherwise under the control of the licensee, or

                           (b)    held by the facility licensee on behalf of or in trust for any other person.

(6)  Subject to the directions of the Court, the receiver and manager

                           (a)    has the authority to manage and operate the licensed facility, and

                           (b)    must exercise any powers that are necessary or incidental to the management and operation of the licensed facility.

2002 c15 s27

Powers of receiver and manager

97.2(1)  A receiver and manager appointed under section 97.1 is vested with all the powers

                           (a)    in the case of a facility licensee that is an individual or partnership, of the individual or partners in respect of the management and operation of the licensed facility, and

                           (b)    in the case of a facility licensee that is a corporation, of the shareholders and directors of the corporation in respect of the management and operation of the licensed facility.

(2)  On an order being made under section 97.1 appointing a receiver and manager,

                           (a)    in the case of a facility licensee that is an individual or partnership, the individual or partners must not exercise any powers in respect of the management and operation of the licensed facility, and

                           (b)    in the case of a facility licensee that is a corporation, the shareholders and directors of the corporation must not exercise any powers in respect of the management and operation of the licensed facility.

2002 c15 s27

Duties of receiver and manager

97.3(1)  A receiver and manager appointed under section 97.1 must

                           (a)    act honestly and in good faith,

                           (b)    take custody and control of the property of the facility licensee referred to in section 97.1(5),

                           (c)    deal with the property of the facility licensee in a commercially reasonable manner, and

                           (d)    keep detailed records of transactions carried out by the receiver and manager relating to the management and operation of the licensed facility.

(2)  The records kept pursuant to subsection (1)(d) must be available for inspection during ordinary business hours

                           (a)    in the case of a facility licensee that is an individual or partnership, by the individual or partners, and

                           (b)    in the case of a facility licensee that is a corporation, by the shareholders and directors of the corporation.

2002 c15 s27

Court order

97.4   The Court, in making an order under section 97.1, may provide for any matter or thing relating to the management and operation of the licensed facility during the appointment of the receiver and manager.

2002 c15 s27

Term of office

97.5   A receiver and manager appointed under section 97.1 remains in office until removed from office by the Court or until

                           (a)    a new facility licence is issued, or

                           (b)    if the facility licence was suspended, the licence is reinstated.

2002 c15 s27

Fees

97.6   The fees payable to a receiver and manager for services, expenses and disbursements in connection with the discharge of the duties of the receiver and manager

                           (a)    must be fixed by the Court from time to time, and

                           (b)    must be paid out of the assets or income of the licensed facility.

2002 c15 s27

Directions from Court

97.7(1)  A receiver and manager appointed under section 97.1 and any interested person may apply to the Court of Queen’s Bench for directions or for an order relating to any matter arising with respect to the carrying out of the duties of the receiver and manager.

(2)  On an application under subsection (1), the Court may give direction, declare the rights of parties before the Court and make any further order it considers necessary.

2002 c15 s27

Revocation of appointment

97.8   The Court may at any time revoke an appointment made under section 97.1 and appoint another receiver and manager.

2002 c15 s27

Expenses constitute a debt to Commission

97.9   If the Commission expends money in respect of the appointment under this Act of a receiver and manager, the amount expended

                           (a)    is a debt owing by the facility licensee to the Commission, and

                           (b)    may be recovered by the Commission in the same manner as any other debt owing to the Commission.

2002 c15 s27

Act not to apply

97.91   Part 8 of the Business Corporations Act does not apply in respect of a receiver and manager appointed under section 97.1.

2002 c15 s27

Part 5
Enforcement

Inspections, Search and Seizure

Inspectors

98(1)  The Commission may, in writing, designate any employee of the Commission or any other person as an inspector.

(2)  Every police officer as defined in the Police Act is an inspector for the purposes of this Act.

1996 cG‑0.5 s95

Obstruction of inspector

99   No person may hinder, obstruct or impede an inspector in the performance of the inspector’s duties or in the exercise of the inspector’s powers.

1996 cG‑0.5 s96

Reports

100   Every licensee or registrant must, when required in writing by the Commission, provide the Commission with reports and information specified by the Commission for the purposes of determining if this Act and the conditions imposed on the licensee’s licence or registrant’s registration are being complied with.

1996 cG‑0.5 s97

Liquor samples

101   A liquor licensee or a registrant must, when required by the Commission, provide the Commission with samples of liquor that the licensee or registrant under section 62 is selling or intends to sell.

RSA 2000 cG‑1 s101;2002 c15 s28;2017 c21 s12

Cannabis samples

101.1   A cannabis licensee or a registrant under section 90.13 must, when required by the Commission, provide the Commission with samples of cannabis that the cannabis licensee or registrant is selling or intends to sell.

2017 c21 s13

Responsibility of directors and officers

102(1)  If a corporation holds a licence other than a cannabis licence or is a registrant under section 62 and a duty is imposed on the licensee or registrant under this Act, the duty is also imposed

                           (a)    on any director or officer of the corporation, or

                           (b)    if the licence is a liquor licence or facility licence, the director, officer, employee or agent who is in charge of the licensed premises or licensed facility.

(2)  If a corporation holds a cannabis licence or is a registrant under section 90.13 and a duty is imposed on the cannabis licensee or registrant under this Act, the duty is also imposed on the director, officer, employee or agent who is in charge of the licensed premises.

RSA 2000 cG‑1 s102;2017 c21 s14

Inspection of premises and facilities

103(1)  To ensure compliance with this Act, an inspector may enter and inspect, at any reasonable time,

                           (a)    licensed premises and licensed facilities;

                           (b)    unlicensed premises and unlicensed facilities where gaming activities have been, are or will be conducted;

                           (c)    premises with respect to which a liquor licence or cannabis licence has expired or been suspended or cancelled;

                           (d)    a facility with respect to which a facility licence has expired or been suspended or cancelled;

                           (e)    the offices of a common carrier doing business in Alberta that may contain records and documents relating to liquor or cannabis stored or transported in Alberta.

(2)  An inspector may enter and inspect, at any reasonable time, premises or facilities described in an application for a licence to determine if the premises or facilities meet the requirements of this Act.

(3)  When acting under the authority of this section, an inspector must carry identification in the form established by the board and present it on request to the owner or occupant of the premises or facility being inspected.

(4)  In carrying out an inspection relating to liquor, a liquor licence or licensed premises, an inspector may

                           (a)    take reasonable samples of liquor from the licensee or any person in the licensed premises,

                           (b)    inspect, audit, examine and make copies of any records, documents, books of account and receipts relating to liquor, a liquor licence or licensed premises, or may temporarily remove any of them for those purposes,

                           (c)    interview the licensee or agents of the licensee with regard to any of the records, documents, books of account and receipts,

                           (d)    interview and request identification from any person who appears to be a minor who is found in the licensed premises, or a person who appears to be a minor who is found outside the licensed premises if the inspector has reasonable grounds to believe that the person is contravening or has contravened this Act,

                           (e)    interview and request identification from any person who appears to be intoxicated in licensed premises or who is found in the licensed premises after the sale and consumption of liquor have been required to cease under the regulations, or a person who is found outside the licensed premises if the inspector has reasonable grounds to believe that the person is contravening or has contravened this Act, and

                            (f)    seize identification from any person interviewed in accordance with this subsection if the inspector has reasonable grounds to believe that the identification is false or has been altered.

(4.1)  In carrying out an inspection relating to cannabis, a cannabis licence or licensed premises, an inspector may

                           (a)    take reasonable samples of cannabis from the licensee or any person in the licensed premises,

                           (b)    inspect, audit, examine and make copies of any records, documents, books of account and receipts relating to cannabis, a cannabis licence or licensed premises, or may temporarily remove any of them for those purposes,

                           (c)    interview the licensee or agents of the licensee with regard to any of the records, documents, books of account and receipts,

                           (d)    interview and request identification from any person who appears to be a minor who is found in the licensed premises, or a person who appears to be a minor who is found outside the licensed premises if the inspector has reasonable grounds to believe that the person is contravening or has contravened this Act,

                           (e)    interview and request identification from any person who appears to be intoxicated in licensed premises or who is found in the licensed premises after the sale of cannabis has been required to cease under the regulations, or a person who is found outside the licensed premises if the inspector has reasonable grounds to believe that the person is contravening or has contravened this Act, and

                            (f)    seize identification from any person interviewed in accordance with this subsection if the inspector has reasonable grounds to believe that the identification is false or has been altered.

(5)  In carrying out an inspection relating to a gaming activity, provincial lottery or gaming or facility licence, an inspector may

                           (a)    take reasonable samples of gaming supplies from the licensee or any person in the licensed facility,

                           (b)    inspect, audit, examine and make copies of any records, documents, books of account and receipts relating to a gaming activity, a provincial lottery, a gaming or facility licence or gaming supplies, or may temporarily remove any of them for those purposes,

                           (c)    interview the licensee or agents of the licensee with regard to any of the records, documents, books of account and receipts,

                           (d)    interview and request identification from any person who appears to be a minor who is found in the licensed facility, or a person who appears to be a minor who is found outside the licensed facility if the inspector has reasonable grounds to believe that the person is contravening or has contravened this Act, and

                           (e)    seize identification from any person interviewed in accordance with this subsection if the inspector has reasonable grounds to believe that the identification is false or has been altered.

(6)  When an inspector removes records, documents, books of account and receipts under this section, the inspector must

                           (a)    give a receipt for them to the person from whom they were taken, and

                           (b)    within a reasonable time, return them to that person.

RSA 2000 cG‑1 s103;2002 c15 s29;2017 c21 s15

Duty to assist inspector

104   A licensee, a registrant, an applicant for a licence or registration and a common carrier and their officers, employees and agents must, on the request of an inspector, the Commission or an employee of the Commission,

                           (a)    assist the inspector in carrying out an inspection under section 103, and

                           (b)    provide the inspector with records, documents, books of account and receipts and provide a place where they may be inspected, audited, examined or copied.

RSA 2000 cG‑1 s104;2002 c15 s30 cG‑0.5 s101

Inspectors assigned to manufacturers licensed premises

105(1)  The Commission may assign an inspector to work at the licensed premises of a manufacturer for the purposes of ensuring that the manufacturer is complying with this Act.

(2)  After a manufacturer receives reasonable notice from the Commission that an inspector has been assigned to its licensed premises, the manufacturer must provide the inspector with

                           (a)    office accommodation, facilities and equipment at the licensed premises as specified by the Commission, and

                           (b)    records and documents that are required by the inspector and any assistance the inspector requires in carrying out an inspection.

(3)  An inspector assigned to licensed premises has all of the powers and duties of an inspector under section 103.

1996 cG‑0.5 s102

Seizure of liquor, cannabis or gaming supplies

106(1)  An inspector who, while carrying out an inspection under section 103, finds any liquor, cannabis, gaming terminals or gaming supplies that the inspector believes on reasonable and probable grounds are unlawfully acquired or kept or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence or registration may immediately seize and remove the liquor or cannabis and the containers in which the liquor or cannabis is held or the gaming terminals or gaming supplies.

(2)  When an inspector seizes liquor, cannabis, containers, gaming terminals or gaming supplies, the inspector must

                           (a)    give a notice to the person from whom the liquor, cannabis, containers, gaming terminals or gaming supplies were seized that sets out the reasons for the seizure and notifies the person of the right to a hearing before the board, and

                           (b)    deliver the liquor, cannabis, containers, gaming terminals or gaming supplies to the Commission.

RSA 2000 cG‑1 s106;2002 c15 s31;2017 c21 s16

Evidence of cannabis

106.1  In a prosecution under section 90.04, 90.24, 90.25, 90.26 or 90.28, evidence

                           (a)    that a substance had an odour of cannabis, or

                           (b)    that a substance appeared to be labelled or packaged as cannabis

is, in the absence of evidence to the contrary, sufficient to establish that the substance was cannabis.

2017 c21 s7

Warrantless search and seizure

107(1)  A peace officer who on reasonable and probable grounds believes

                           (a)    that liquor or cannabis is in or near a vehicle and is being kept unlawfully or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence, and

                           (b)    that obtaining a warrant would cause a delay that could result in the loss or destruction of evidence

may without a warrant and, if necessary, by reasonable force conduct a search for that liquor or cannabis in or near the vehicle or on the person of anyone found in or near the vehicle.

(2)  A peace officer who, in making a search under subsection (1), finds liquor or cannabis that the peace officer believes on reasonable and probable grounds is unlawfully kept or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence may

                           (a)    immediately seize the liquor or cannabis and the container in which it is held, and

                           (b)    if the peace officer believes on reasonable and probable grounds that an offence under section 81 or 90.23 is being or has been committed by the occupant or person in charge of a vehicle in or near which liquor or cannabis is found, seize and remove that vehicle.

(3)  Following a seizure of a vehicle under subsection (2), the peace officer must, within a reasonable time,

                           (a)    provide a justice with an affidavit

                                  (i)    stating that the peace officer has reason to believe that a person committed an offence under section 81 or 90.23, as the case may be, while being an occupant or in charge of the vehicle that was seized, and

                                (ii)    stating the name of the person alleged to have committed an offence,

                               or

                           (b)    return the vehicle to the person from whom it was seized.

(4)  A justice, on receipt of an affidavit under subsection (3), may order that the affidavit be served on the person referred to in subsection (3)(a)(ii) and set down a date to hear the matter and may order that the vehicle be

                           (a)    retained by the Crown until final disposition of the charge, or

                           (b)    returned to the person from whom it was seized.

(5)  If a vehicle is returned under subsection (4)(b), the justice may order the person to whom it is returned

                           (a)    to hold it as bailee for the Crown until final disposition of the charge, and

                           (b)    to produce it if it is required with respect to proceedings related to the charge.

RSA 2000 cG‑1 s107;2002 c15 s32;2017 c21 s17;2018 c7 s1

Abandoned liquor or cannabis

108   If a peace officer finds liquor or cannabis on any premises or in any place and the peace officer believes on reasonable and probable grounds that there is no apparent owner of the liquor or cannabis, the peace officer may immediately seize and remove the liquor or cannabis and any containers in which the liquor or cannabis is held, and the liquor or cannabis and the containers are forfeited to the Crown.

RSA 2000 cG‑1 s108;2002 c15 s33;2017 c21 s18

Seizure report

109   When liquor or cannabis is seized by a peace officer, a report in writing of the particulars of the seizure must be made, if required by the Commission, in the manner directed by the Commission.

RSA 2000 cG‑1 s109;2017 c21 s19

Disposition of liquor or cannabis on conviction

110   When a conviction under this Act becomes final, any liquor, cannabis and containers in respect of which the offence was committed that were seized are, as part of the penalty for the conviction, forfeited to the Crown.

RSA 2000 cG‑1 s110;2017 c21 s20

Special situations

111(1)  If a person charged with an offence under this Act is not convicted, the Crown may apply to a justice for an order declaring that any liquor or cannabis and containers seized with respect to that charge are forfeited to the Crown.

(2)  A justice may grant the order after holding a hearing in which notice is given to the persons specified by the justice in the manner specified by the justice.

RSA 2000 cG‑1 s111;2017 c21 s21

Forfeiture of seized conveyance

112   On the conviction of the occupant or person in charge of a vehicle for an offence under section 81, the justice making the conviction may declare, as part of the penalty for the conviction, that any vehicle seized pursuant to section 107 or pursuant to a warrant is forfeited to the Crown.

1996 cG‑0.5 s109

Claims by interest holders

113(1)  Any person who claims an interest in any liquor, cannabis, container or vehicle that is forfeited to the Crown may apply to a judge of the Court of Queen’s Bench for an order under subsection (6) or (7).

(2)  Subsection (1) does not apply to a person who was convicted of an offence that resulted in the forfeiture.

(3)  An applicant has

                           (a)    in the case of a forfeiture under section 108, 90 days after the forfeiture to apply to a judge, and

                           (b)    in any other case, 30 days after the forfeiture to apply to a judge.

(4)  The judge to whom an application is made under subsection (1) must fix a day for the hearing that is not less than 30 days after the date of filing of the application.

(5)  The applicant must serve a notice of the application and of the hearing on the Minister of Justice and Solicitor General at least 15 days before the day fixed for the hearing.

(6)  If, on hearing an application involving abandoned liquor or cannabis, the judge is satisfied that the applicant has an interest in the liquor or cannabis and any containers, and it is reasonable that the liquor, cannabis and any containers be released to the applicant or any other person, the judge may grant an order cancelling the forfeiture and requiring the liquor or cannabis and any containers to be released to the applicant or other person.

(7)  If, on hearing an application involving an offence under this Act, the judge is satisfied that

                           (a)    the applicant is innocent of any complicity in the offence or alleged offence that resulted in the forfeiture and of any collusion in relation to that offence or alleged offence with any person who may have committed the offence or alleged offence, and

                           (b)    it was reasonable for the applicant to be satisfied that the person permitted to obtain the property was not likely to use the property in contravention of this Act or, in the case of a mortgagee or lienholder, that the mortgagor or the person giving the lien was not likely to use the property in contravention of this Act,

the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.

RSA 2000 cG‑1 s113;2009 c53 s70;2013 c10 s34;2017 c21 s22

Disposition of forfeited liquor or cannabis

114(1)  Liquor or cannabis that is forfeited to the Crown under this Act must be disposed of or destroyed under the direction of the Minister of Justice and Solicitor General.

(2)  Liquor or cannabis that is forfeited to the Commission under this Act must be disposed of or destroyed under the direction of the Commission.

RSA 2000 cG‑1 s114;2013 c10 s34;2017 c21 s23

Disposition of recalled cannabis

114.1  Where an order under the federal Act

                           (a)    requires the Commission to recall cannabis, or

                           (b)    requires a person that, pursuant to a licence under this Act, sells cannabis to recall the cannabis or send it or cause it to be sent to the Commission, or to do both those things,

the Commission may, subject to the federal order, destroy or otherwise dispose of the cannabis.

2017 c21 s23

Disposition of returned or unsaleable cannabis

114.2(1)  The Commission may destroy or otherwise dispose of cannabis

                           (a)    that is returned to the Commission by a licensee or other purchaser, or

                           (b)    that the Commission determines to be unsaleable.

(2)  The Commission may direct a cannabis licensee to destroy or otherwise dispose of cannabis purchased from the Commission if the Commission is satisfied that the cannabis is unsaleable.

2017 c21 s23;2018 c7 s1

Taking intoxicated person into custody

115(1)  No person may be intoxicated in a public place.

(2)  If a peace officer on reasonable and probable grounds believes that a person is intoxicated in a public place, the peace officer may, instead of charging the person with an offence, take the person into custody to be dealt with in accordance with this section.

(3)  A person in custody pursuant to subsection (2) may be released from custody at any time if on reasonable and probable grounds the person responsible for the custody believes that

                           (a)    the person in custody has recovered sufficient capacity that, if released, the person is unlikely to injury himself or herself or be a danger, nuisance or disturbance to others, or

                           (b)    a person capable of taking care of the person taken into custody undertakes to take care of that person.

(4)  A person taken into custody under this section may not be held in custody for more than 24 hours after being taken into custody.

(5)  No action lies against a peace officer or other person for anything done in good faith with respect to the apprehension, custody or release of a person pursuant to this section.

1996 cG‑0.5 s112

Offences and Penalties

General offence

116   A person who contravenes section 36, 37.1, 37.2, 39, 40, 41, 45, 46, 50, 64, 65(1), 66, 68, 69, 69.1(6), 70, 71, 72, 73, 74, 75, 75.1, 77, 79, 81, 84, 86(2), 87, 89, 90, 90.03, 90.04, 90.05, 90.06, 90.08, 90.14, 90.15, 90.16, 90.18, 90.19, 90.2, 90.21, 90.22, 90.23, 90.24, 90.25, 90.26, 90.27, 90.28, 90.29, 99, 100, 101, 101.1 or 115(1) or a section in the regulations the contravention of which is designated by the regulations to be an offence is guilty of an offence.

RSA 2000 cG‑1 s116;2002 c15 s34;2009 c23 s20;2017 c21 s24

General penalty

117(1)  An individual who is convicted of an offence for which no specific penalty has been provided is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both the fine and imprisonment.

(2)  A corporation convicted of an offence for which no specific penalty has been provided is liable to a fine of not more than $50 000.

1996 cG‑0.5 s114

Provincial lottery schemes

118   A person who contravenes section 45 or 46 is liable to a fine of not more than $500 000 or to imprisonment for not more than 12 months, or to both.

1996 cG‑0.5 s115

Adulteration of liquor and prohibited sales

119(1)  An individual who contravenes section 73, 81 or 90.23 is liable to a fine of not more than $50 000 or to imprisonment for not more than 12 months, or to both the fine and imprisonment.

(2)  A corporation that contravenes section 73, 81 or 90.23 is liable to a fine of not more than $100 000.

RSA 2000 cG‑1 s119;2017 c21 s25

Liability of corporation officials, partners

120(1)  If a corporation commits an offence under this Act, any officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence.

(2)  If a partnership that is the holder of a licence commits an offence under this Act, every member of the partnership who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the partnership has been prosecuted for or convicted of the offence.

1996 cG‑0.5 s117

Responsibility of licensee

121   If an employee or an agent of a licensee contravenes a provision of this Act, the licensee is deemed also to have contravened the provision unless the licensee establishes on a balance of probabilities that the licensee took all reasonable steps to prevent the employee or agent from contravening the provision.

1996 cG‑0.5 s118

Responsibility of occupant

122(1)  In this section, “occupant” means a person who is entitled to occupy a building that is not licensed premises or a licensed facility.

(2)  If an employee or agent of an occupant contravenes a provision of this Act in the building of an occupant, the occupant is deemed also to have contravened the provision unless the occupant can establish on a balance of probabilities that the occupant took all reasonable steps to prevent the employee or agent from contravening the provision.

1996 cG‑0.5 s119

Prosecution and Evidence

Description of offence

123(1)  In describing an offence respecting

                           (a)    the sale or keeping for sale or other disposal of liquor or cannabis, or

                           (b)    the purchasing, giving, receiving, possessing, storing, transporting, using, consuming or importing of liquor or cannabis,

in any information, summons, conviction, warrant or proceeding under this Act, it is not necessary to state the name or kind of liquor or cannabis or the price of it.

(2)  It is not necessary to state in any information, summons, conviction, warrant or proceeding under this Act

                           (a)    the person to whom liquor or cannabis was sold or disposed of,

                           (b)    the person by whom liquor or cannabis was taken or consumed,

                           (c)    the person from whom liquor or cannabis was purchased or received, or

                           (d)    the quantity of liquor or cannabis sold, kept for sale, disposed of, purchased, given, received, possessed, stored, transported, used, consumed or imported except in the case of offences where the quantity is essential, and then it is sufficient to allege that the liquor or cannabis was more or less than that quantity.

RSA 2000 cG‑1 s123;2017 c21 s26

Certificate of analysis

124(1)  The Minister may designate any person to act as an analyst with respect to any analysis or description of any ingredient, quality or quantity of any substance for the purposes of or in connection with this Act.

(2)  In every prosecution under this Act, the certificate of analysis furnished by an analyst designated under subsection (1) must be accepted as proof, in the absence of evidence to the contrary, of the facts stated in it and of the authority of the person giving or issuing the certificate without proof of the appointment or signature of the analyst.

1996 cG‑0.5 s121

Evidence by certificate

125(1)  A copy of a book, document, voucher or other paper obtained under this Act and certified by an inspector to be a true copy must be admitted in evidence in any action, proceeding or prosecution under this Act as proof, in the absence of evidence to the contrary, of the original record without proof of the appointment or signature of the inspector.

(2)  A certificate purporting to be signed by the chief executive officer or a person authorized by the chief executive officer that sets out any action or decision of the Commission or the board must be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or the official character of the person signing it.

1996 cG‑0.5 s122

Actions against a corporation

126   In all prosecutions under this Act against a corporation, each summons, warrant, order, writ or other document may be served on the corporation

                           (a)    by being delivered to an officer, attorney or agent of the corporation within Alberta,

                           (b)    by being left at any place within Alberta where the corporation carries on any business,

                           (c)    by being left at the registered office of the corporation, or

                           (d)    in any other manner authorized by law.

1996 cG‑0.5 s123

Proof of incorporation

127   In any prosecution, action or proceeding under this Act in which it is alleged that a corporation is or has been guilty of an offence under this Act, the fact of the incorporation of the corporation must be presumed, unless satisfactory proof is produced to the contrary.

1996 cG‑0.5 s124

Disposition of fines

128(1)  Subject to the regulations, a fine imposed and collected pursuant to a conviction for an offence occurring in a municipality enures to the benefit of the municipality.

(2)  Any fine or penalty imposed under this Act on a conviction for an offence occurring in an Indian reserve or Metis settlement elsewhere than on a provincial highway under the Highways Development and Protection Act enures to the benefit of the Indian band or Metis settlement.

RSA 2000 cG‑1 s128;2004 cH‑8.5 s66

Board decision to be final

128.1   A decision of the board under this Act is final.

2002 c15 s35

Part 6
Regulations

Lieutenant Governor in Council regulations

129(1)  The Lieutenant Governor in Council may make regulations

                           (a)    defining, for the purposes of this Act, words and phrases that are not defined in the Act;

                           (b)    specifying, for the purposes of the definition of gaming supplies in section 1(1)(j), things that are not gaming supplies;

                           (c)    specifying, for the purposes of the definition of gaming worker in section 1(1)(k), persons who are not gaming workers;

                           (d)    prescribing the percentage of alcohol by volume for the purposes of the definition of liquor in section 1(1)(q);

                           (e)    specifying connections for the purposes of the definition of liquor supplier in section 1(1)(t);

                            (f)    establishing classes of gaming licences, facility licences, liquor licences and cannabis licences;

                           (g)    establishing classes of registration in respect of

                                  (i)    gaming workers,

                              (i.1)    persons who provide gaming workers to gaming licensees,

                                (ii)    people who deal in gaming terminals or gaming supplies,

                               (iii)    liquor agents who are required to be registered under Part 3, and

                               (iv)    cannabis representatives who are required to be registered under Part 3.1;

                           (h)    respecting application procedures for licences and registration, including requirements relating to the advertising of applications and procedures for obtaining and dealing with public responses to applications;

                            (i)    respecting conditions and eligibility requirements that must be met before a licence is issued or a person is registered;

                         (i.1)    respecting qualifications and conditions for employees of cannabis licensees;

                            (j)    respecting when licences and registrations expire, the transfer of licences and the posting of licences, notices and information by licensees and registrants;

                           (k)    respecting conditions that may be imposed on registrations;

                            (l)    respecting fees for licences and registrations;

                          (m)    respecting the requirements and consequences that apply despite anything in this Act

                                  (i)    if a licensee sells or assigns the business under which the activities authorized by the licence are carried out, or becomes dispossessed of the business by bankruptcy or operation of law, or

                                (ii)    if a licensee who is an individual dies;

                           (n)    respecting relationships and activities between

                                  (i)    liquor suppliers, their officers, directors and employees and liquor agencies and representatives that are required to be registered under Part 3,

                                (ii)    liquor licensees and their businesses and property, and the board, the Commission and its employees or agents,

                               (iii)    cannabis suppliers, their officers, directors and employees and representatives that are required to be registered under Part 3.1, and

                               (iv)    cannabis licensees and their businesses and property, and the board, the Commission and its employees or agents;

                           (o)    respecting relationships and activities between

                                  (i)    liquor licensees and their officers, directors and employees,

                                (ii)    the board, the Commission, its employees and persons who provide services for or on behalf of the Commission,

                               (iii)    cannabis licensees and their officers, directors and employees, and

                               (iv)    the board, the Commission, its employees and persons who provide services for or on behalf of the Commission;

                           (p)    respecting agreements between liquor suppliers and liquor licensees that are permitted for the purposes of section 66;

                        (p.1)    respecting agreements between cannabis suppliers and cannabis licensees that are permitted for the purposes of section 90.16;

                           (q)    respecting the days and hours when liquor may be sold, given or consumed on licensed premises;

                        (q.1)    respecting the days and hours when cannabis may be sold, given or used in licensed premises;

                        (q.2)    respecting records a cannabis licensee must keep for the purposes of section 90.07(5)(a) and respecting measures a cannabis licensee must take for the purposes of section 90.07(5)(b);

                        (q.3)    for the purposes of section 90.09(1)(a) or (2) or both, respecting when a business under which activities authorized by a cannabis licence are carried out is to be considered separate from any other business of the applicant;

                        (q.4)    prescribing things for the purposes of section 90.09(1)(b);

                        (q.5)    respecting requirements for premises described in a cannabis licence, including, without limitation, design requirements and minimum distances that must be maintained between the licensed premises and other premises;

                        (q.6)    for the purposes of section 90.09(3), respecting the circumstances in which and the terms and conditions on which the board may issue a cannabis licence that authorizes the sale of cannabis in a location where things other than cannabis accessories or prescribed things are sold;

                            (r)    authorizing a municipality to pass bylaws in respect of specified classes of events and classes of licensed premises that prescribe

                                  (i)    the hours of sale and consumption of liquor on the licensed premises, and

                                (ii)    the areas of the licensed premises where the sale and consumption of liquor may occur;

                        (r.1)    restricting the application of section 69.1 to licensed premises and categories of licensed premises prescribed in those regulations;

                        (r.2)    setting out categories of information for the purposes of section 69.1(4);

                        (r.3)    respecting the collection, use and disclosure of information under section 69.2;

                        (r.4)    authorizing a municipality to pass bylaws in respect of specified classes of licensed premises that prescribe

                                  (i)    the hours of sale and use of cannabis on the licensed premises, and

                                (ii)    the areas of the licensed premises where the sale and use of cannabis may occur;

                        (r.5)    prescribing, for the purposes of section 90.21(1) and (2),

                                  (i)    classes of licensed premises, and

                                (ii)    when a cannabis licensee or an employee or agent of a cannabis licensee may be in licensed premises;

                        (r.6)    prescribing distances and prescribing or otherwise describing areas and places for the purposes of section 90.28(c)(vii);

                           (s)    prescribing, for the purposes of section 71,

                                  (i)    classes of licensed premises, and

                                (ii)    when a liquor licensee or an employee or agent of a liquor licensee may be in licensed premises;

                            (t)    respecting the quantities of wine, cider and beer that an adult may make under section 86(1);

                           (u)    respecting the kind and quantity of liquor that an adult may import under section 86(3);

                           (v)    respecting gifts of liquor;

                          (w)    respecting licensed premises and facilities, including the persons who may be on licensed premises or facilities, the food service at licensed premises or facilities and the activities that may be carried on in and near licensed premises or facilities;

                           (x)    respecting the display, manufacture, import, purchase, sale, transport, giving, possession, storage, use and consumption of liquor;

                        (x.1)    respecting the import, distribution, transport, giving, growing, possession, storage and use of cannabis;

                        (x.2)    respecting prices that may be charged for cannabis or specified classes of cannabis;

                        (x.3)    respecting prices that may be charged for the transportation of cannabis or specified classes of cannabis;

                        (x.4)    respecting the quantity of cannabis that may be purchased or sold at a time or in a transaction;

                        (x.5)    respecting the purchase, sale, advertising, display, packaging, promotion and labelling of cannabis and cannabis accessories;

                        (x.6)    respecting the storage or transportation of cannabis in or on a vehicle;

                        (x.7)    respecting the public use of cannabis;

                        (x.8)    prohibiting the distribution and sale of specified classes of cannabis and cannabis accessories;

                        (x.9)    respecting the growing of cannabis;

                     (x.91)    respecting training requirements for employees of cannabis licensees;

                     (x.92)    respecting the distribution of cannabis by the Commission or the control by the Commission of the distribution of cannabis, or both;

                     (x.93)    respecting requirements for cannabis licensees to report to the Commission regarding their activities;

                           (y)    designating sections in the regulations the contravention of which is an offence;

                           (z)    respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

(2)  Regulations under this section may apply generally or to a specific licensee or registrant, specific licensed premises or a specific licensed facility or a specific circumstance or situation.

RSA 2000 cG‑1 s129;2002 c15 s36;2009 c23 s21;
2017 c21 s27;2018 c7 s1

Board regulations

130   The board may make regulations

                           (a)    excluding products from the definition of liquor for the purpose of section 1(1)(q);

                           (b)    specifying the provisions of this Act that apply to a class or type of liquor;

                           (c)    establishing provisions that are in addition to or replace provisions of this Act in respect of a class or type of liquor.

1996 cG‑0.5 s127