Liquor Act

(1) The Liquor Licensing Board is continued.

(2) The Board is composed of not more than nine members appointed by the Minister.

(3) A Board member holds office during pleasure for a term of three years.

(4) The Minister shall designate a chairperson and a vice-chairperson of the Board from among the Board members.

(5) The chairperson shall devote such time as is required for the proper performance of the Board’s functions under this Act and the regulations.

(6) If the chairperson is absent or unable to act, the vice-chairperson shall act in his or her stead.

(7) Three Board members constitute a quorum.

(8) A Board member shall be paid the remuneration and expenses that the Minister directs.

(1) The Minister may appoint a member of the public service to be the Executive Secretary to the Board.

(2) The Executive Secretary shall

(3) The Executive Secretary may delegate his or her powers or duties. SNWT 2022,c.18,s.3.

(1) The Board, in fulfilling its responsibilities under this Act, shall act in accordance with policy guidelines established by the Minister from time to time.

(2) Subject to this Act, the Board may

(3) Subject to subsection (4), the Board may delegate powers and duties to the Executive Secretary.

(4) The Board may not delegate to the Executive Secretary responsibility for the conduct of hearings and the disposition of matters under Divisions 4 and 5.

(5) Each Board member and each officer and employee authorized by the Board to issue licences under this Act may administer any oath or affirmation and receive any affidavit or declaration provided for under this Act or the regulations.

(1) A licence may not be issued or transferred under this Act to or in respect of

(2) Repealed, SNWT 2022,c.18,s.4(1).

(3) A licence may not be issued or transferred under this Act to, or in respect of, a person if the person’s on-site manager or associate

SNWT 2015,c.7,s.38; SNWT 2022,c.18,s.4.

(1) A person who applies for the issue or transfer of a licence shall, at the time of making the application or at the request of the Board at any time during the term of the licence, produce such particulars of the applicant and its on-site manager and associates as the Board may require.

(2) A corporation that applies for the issue or transfer of a licence shall, at the time of making the application or at the request of the Board at any time during the term of the licence, produce such particulars of its directors, officers and shareholders as the Board may require.

(3) Partners who apply for the issue or transfer of a licence shall, at the time of making the application or at the request of the Board at any time during the term of the licence, produce such particulars of the partners in the partnership as the Board may require.

(1) A person may apply for the issue or transfer of a licence in accordance with the regulations.

(2) An application for a licence must be in the approved form and must be filed with the Executive Secretary.

(3) Every person who applies for the issue or transfer of a licence and who, in the application, knowingly fails to make full disclosure to the Board respecting any of the circumstances referred to in section 5, is guilty of an offence.

(1) An applicant for the issue or transfer of a licence may be represented before the Board by a representative or a lawyer.

(2) The Board may require an applicant and the applicant’s on-site manager to appear in person.

(3) A corporation that applies for a licence may be represented before the Board by a director or officer of the corporation acceptable to the Board.

(1) Subject to subsection (2), an applicant for the issue or transfer of a licence shall, in accordance with the regulations, publish two notices of the application in the approved form

(2) An applicant is not required to publish notice of an application if the Board exempts the applicant from that requirement.

(1) A person who resides in the community where the premises for which a licence is sought are situated, may object to the issuance of the licence.

(2) A notice of objection must be in writing and must be filed with the Executive Secretary at least two days before the hearing respecting the application.

(3) On receiving an objection to an application, the Executive Secretary shall, without delay, notify the applicant of the objection.

(4) The Board shall consider an objection in making its decision on the issuance of a licence.

(1) The Board shall consider an application for the issuance of a premises licence.

(2) The Board may, by order, issue to an applicant, in respect of specified premises, a premises licence of a prescribed class and having prescribed provisions.

(3) More than one class of premises licence may be issued in respect of the same premises.

(4) The Board may, in accordance with the regulations, impose on a premises licence the terms and conditions it considers appropriate.

(5) A licence holder shall not contravene a term or condition of a premises licence.

(6) A premises licence authorizes the licence holder to purchase, sell, possess, transport and use liquor subject to this Act, the regulations and the terms and conditions set out in the licence.

(7) A premises licence expires on the date specified in the licence.

(1) The Board shall consider an application for the issuance of a manufacturing licence.

(2) Subject to subsection (3), the Board may, by order, issue to an applicant, in respect of a specified manufacturing facility, a manufacturing licence of a prescribed class and having prescribed provisions.

(3) A manufacturing licence must bear the written endorsement of the Commissioner.

(4) More than one class of manufacturing licence may be issued in respect of the same manufacturing facility.

(5) The Board may, in accordance with the regulations, impose on a manufacturing licence the terms and conditions it considers appropriate.

(6) A licence holder shall not contravene a term or condition of a manufacturing licence.

(7) A manufacturing licence authorizes the licence holder to manufacture, purchase, sell, possess, transport and use liquor subject to this Act, the regulations and the terms and conditions set out in the licence.

(8) A manufacturing licence expires on the date specified in the licence.

(1) A person may apply for the renewal of a licence in accordance with the regulations.

(2) An application for the renewal of a licence must be in the approved form and must be filed with the Executive Secretary.

(3) The Executive Secretary shall consider an application for the renewal of a licence.

(4) Subject to subsection (7), the Executive Secretary may, by letter, approve an application to renew a licence if the application has been properly filed and the prescribed fee has been paid.

(5) The Executive Secretary may refer an application to the Board if he or she considers that the application has not been properly filed, if the prescribed fee has not been paid, or if the Executive Secretary considers it advisable, for any other reason, to refer the application to the Board.

(6) Subject to subsection (7), the Board may, by order, approve or deny an application to renew a licence referred by the Executive Secretary.

(7) A letter or order approving, or an order denying, an application for the renewal of a manufacturing licence must bear the written endorsement of the Commissioner.

(1) The Board shall consider an application for the transfer of a licence.

(2) Subject to subsection (3), the Board may, by order, approve or deny an application for the transfer of a licence.

(3) An order approving or denying an application for the transfer of a manufacturing licence must bear the written endorsement of the Commissioner.

(1) A corporation that is a licence holder shall apply to the Board for approval of any prospective issue or transfer of shares that would result in a shareholder beneficially owning or controlling more than 10% of the voting rights attached to all outstanding shares of the corporation.

(2) Section 14 applies with such modifications as the circumstances require, as if the application in respect of the issue or transfer of shares under subsection (1) were an application for the transfer of a licence.

(1) The Board shall consider an application for the surrender of a licence.

(2) Subject to subsection (3), the Board may, by order, approve an application to surrender a licence.

(3) An order approving an application for the surrender of a manufacturing licence must bear the written endorsement of the Commissioner.

(4) The surrender of a licence under this section does not affect any proceeding that may have been commenced under Division 5 before the application for surrender is approved by the Board under subsection (2).

(1) A licence remains the property of the Government of the Northwest Territories.

(2) No person enjoys a vested right in the continuance of a licence.

(1) A person who ceases to hold a licence under this Act shall, within 30 days after the day on which his or her licence expires or is otherwise terminated, deliver all liquor in his or her possession under the licence to the Commission.

(2) This section does not apply if the Board makes an order of forfeiture as provided for under subsections 30(1) and 31(1).

(1) A minor is not eligible to apply for a permit under section 20 or 21.

(2) If a permit issuer is not satisfied that a person has attained 19 years of age,

(1) A person may apply for a special purpose permit in accordance with the regulations.

(2) A corporation that applies for a special purpose permit shall, at the time of making the application or at the request of the Board at any time during the term of the permit, produce such particulars of its directors, officers and shareholders as the Board may require.

(3) The Board may issue a special purpose permit to a person who applies in accordance with the regulations.

(4) Subject to this Act, the regulations and the terms and conditions set out in the permit, a special purpose permit authorizes the permit holder to possess and use liquor for a medicinal, scientific or other special purpose authorized by the regulations.

(5) The Board, in its discretion, may cancel a special purpose permit after giving notice to the permit holder.

(6) The decision of the Board to cancel a special purpose permit is final.

(1) A person may apply for a special occasion permit in accordance with the regulations.

(2) The Board or a person designated by the Minister may issue a special occasion permit to a person who applies for the permit in accordance with the regulations.

(3) Subject to this Act, the regulations and the terms and conditions set out in the permit, a special occasion permit authorizes the permit holder to sell, possess, transport, consume and use liquor at a function.

(4) The Board, in its discretion and in accordance with the regulations, may cancel a special occasion permit.

(5) The Minister’s designate, in his or her discretion and in accordance with the regulations, may cancel a special occasion permit that he or she has issued.

(6) The decision of the Board or the Minister’s designate to cancel a special occasion permit is final.

(1) Proceedings before the Board, other than proceedings under section 28, must be commenced by application.

(2) The Board may, during or after a hearing, make the orders and decisions that it considers appropriate in the exercise of its powers.

(3) Written orders and decisions of the Board must be signed by the chairperson, another member of the Board or any person authorized to do so by the chairperson.

(4) If the Board considers that any of the relevant circumstances relating to proceedings heard by it have altered, or if new evidence in connection with those proceedings becomes available, the Board may review any order or decision made in respect of the proceedings and may amend, revoke or affirm the order or decision.

(1) Subject to subsection 23(4) and this section, every decision or order of the Board is final.

(2) A licence holder that is subject to a decision or order of the Board may appeal the decision or order to the Supreme Court on the grounds that the Board has erred in law or exceeded its jurisdiction.

(3) An originating notice commencing an appeal of a decision or order of the Board must be filed and served within 60 days after the day on which the decision or order is made.

(4) Where an appeal of a decision or order of the Board has been brought, a judge of the Supreme Court may, by order, stay the decision or order on the terms that he or she considers just.

(1) A hearing before the Board under section 28 must be held in public.

(2) The Board may determine that it is not necessary to hold a public hearing in respect of a matter other than a matter referred to in subsection (1).

(3) The Board may hold a public hearing respecting an application, proceeding or other matter in the community in which the application, proceeding or other matter arose, if the Board considers that it would be of public interest.

(4) After a hearing has been held, the Board shall review and determine the applications or other matters before the Board at the hearing.

(1) The Board may, in its discretion, hold a hearing where it is alleged that a licence holder has failed to comply with

(2) The Board shall give the licence holder notice of the day, time and place of the hearing and of its purpose.

(3) The notice referred to in subsection (2) must be

(4) In the absence of evidence to the contrary, a notice sent by registered mail is deemed to have been received on the 14th day following its mailing.

(5) A hearing of the Board must be conducted in accordance with the rules of natural justice.

(1) Where, in any proceedings under this Division, a licence holder refuses or fails to comply with a rule made by the Board under paragraph 4(2)(c) or an order of the Board relating to the proceedings, the Board may order the licence holder to pay, within the time fixed by the Board, such amount on account of the costs incurred by the Board in the proceedings as the Board considers appropriate.

(2) Where a licence holder fails or refuses to comply with an order to pay the costs referred to in subsection (1), the Board may consider whether the licence of the licence holder should be suspended under paragraph 30(1)(e).

(1) After holding a hearing the Board may, by order, dismiss the matter, or may make an order that it considers appropriate, which may

(2) The Board shall consider whether a licence should be cancelled if

(3) The Board may, in the circumstances referred to in paragraph (2)(f), issue a temporary licence to a trustee or a mortgagee in possession for a period determined by the Board in order that the trustee or mortgagee may settle the estate or dispose of the licensed premises or manufacturing facility.

(4) Notice of an order made under subsection (1) must be given in writing and must be personally served on or sent by registered mail to the licence holder at his or her last known address.

(5) The Board shall, without delay, give the Minister notice of an order made under subsection (1).

(6) An order made under subsection (1) takes effect on the day and at the hour specified by the Board in the order.

(7) An order made under subsection (1) that cancels or suspends a manufacturing licence must bear the written endorsement of the Commissioner. SNWT 2010,ch.21,s.2; SNWT 2012,c.18,s.10(3).

(1) An order under subsection 30(1) for the suspension of a licence for a period exceeding one month, or for the cancellation of the licence, may also provide that liquor in the possession or under the control of the licence holder is forfeited to the Commission.

(2) The licence holder, on receiving notice of an order that provides for the forfeiture of liquor in his or her possession or under his or her control, shall deliver all such liquor to the Commission without delay and at his or her own expense.

(3) The Commission may arrange for the removal of liquor in the possession or under the control of a licence holder that fails to comply with subsection (2), and the licence holder is responsible for any costs so incurred by the Commission.

(4) The Board shall, without delay, give the Commission notice of an order of forfeiture made under subsection (1).

(1) Where liquor forfeited, delivered or removed under section 31 had been lawfully acquired by the licence holder and is suitable for resale by the Government of the Northwest Territories, the Commission shall direct that the costs of that liquor be refunded to the licence holder.

(2) Any liquor delivered or removed under section 31 that the Commission considers to be unsuitable for resale, is forfeited to the Commission, and must be destroyed or otherwise disposed of in accordance with the regulations.

PART 2 SALE, TRANSPORTATION AND IMPORTATION

DIVISION 1 NORTHWEST TERRITORIES LIQUOR AND CANNABIS COMMISSION SNWT 2022,c.18,s.5.

(1) The Liquor Commission is continued as the Northwest Territories Liquor and Cannabis Commission.

(2) The Commission shall

(3) Notwithstanding any other provision of this Act, the Commission, in exercising its powers and performing its duties under this Act and the regulations, must act in accordance with the direction of the Minister. SNWT 2022,c.18,s.5.

(1) The Minister may designate a person to act as a vendor in a particular community, for the operation of a liquor store and the sale of liquor in that community.

(2) A minor may not be designated as a vendor.

(3) The Minister shall enter into an agreement with a vendor respecting the sale of liquor and the operation of a liquor store.

(4) A vendor is subject to this Act, the regulations and the terms and conditions stipulated in the agreement.

(5) The Minister may, in accordance with the agreement,

(6) The Commission may arrange for the removal of liquor in the possession or under the control of a vendor that fails to comply with an order made under subparagraph (5)(b)(ii), and the vendor is responsible for any costs so incurred by the Commission.

(1) Before designating a vendor for the operation of a liquor store and the sale of liquor in a community that does not have an existing liquor store, the Minister shall, to ascertain the views of that community, give notice

(2) Where a liquor store exists in a community and the Minister is considering changing terms and conditions applicable to the operation of that liquor store, the Minister shall give notice in accordance with paragraphs (1)(a) to (d), if he or she considers those changes to be of such significance that it is advisable to ascertain the views of the community.

(3) The Minister shall consider the views expressed by any municipal council, band council, community council, or other person or body given notice under this section.

(4) For greater certainty, the Minister may not change terms and conditions applicable to the operation of a liquor store so as to derogate from limitations implemented following a plebiscite held under section 52.1. SNWT 2011,c.8,s.16(3),(4); SNWT 2013,c.22,s.2.

(1) A licence holder or a vendor, or a person authorized by the licence holder or vendor, may transport liquor

(2) A licence holder, permit holder or vendor may transport liquor in accordance with the regulations.

(1) Subject to section 43, no person may import liquor into the Territories without an importation certificate.

(2) A person may apply for a liquor importation certificate in accordance with the regulations.

(3) The Commissioner or a member of a class of persons designated by the Commissioner may issue a liquor importation certificate to a person who applies for the certificate in accordance with the regulations.

(4) Subject to this Act, the regulations and any terms and conditions set out in the certificate, a liquor importation certificate authorizes the certificate holder to import liquor into the Northwest Territories.

(5) The certificate issuer may, in his or her discretion, cancel a liquor importation certificate after giving notice to the certificate holder.

(6) The decision of the certificate issuer is final. SNWT 2014,c.10,s.16.

(1) The Minister shall appoint a returning officer for a plebiscite.

(2) The returning officer has the powers and may perform the duties of a returning officer appointed under the Local Authorities Elections Act.

(1) A community may, in accordance with this Part, approve the establishment of a liquor restriction or prohibition system.

(2) Without limiting the generality of subsection (1), a community may approve one of the following systems:

(1) A municipal council or band council may, by resolution, request the Minister to hold a plebiscite to determine whether the voters support the establishment, replacement, modification or cancellation of a liquor restriction or prohibition system for the community.

(2) A resolution under subsection (1) must indicate the nature of the restriction or prohibition that would be the subject of a plebiscite.

(3) On receiving a resolution, the Minister may, subject to section 51, order that a plebiscite be held to determine the wishes of the voters of the community. SNWT 2011,c.8,s.16(5).

(1) Where a licence of a liquor-primary or food-primary class is in effect in a community, or a liquor store operates in the community, no question may be asked in a plebiscite held under section 50 that would, if supported by the voters, authorize the making of a regulation that would have the effect of prohibiting or restricting the sale of liquor at the licensed premises or the liquor store.

(2) For greater certainty, this section does not restrict the holding of a plebiscite to close licensed premises under section 57, or the making of bylaws under section 54.

(1) In this section, "Sahtu community" means

(2) Notwithstanding anything in this Act, a municipal council or band council of a Sahtu community may, by resolution, request the Minister to hold a plebiscite to determine whether the voters in the Sahtu communities support the establishment, replacement, modification or cancellation of limitations on the quantity of liquor that may be sold to a person at a liquor store in a Sahtu community.

(3) Where both a band council and a municipal council operate in a community, either council may, independent of the other, make a request under subsection (2).

(4) The Minister may order that a plebiscite be held to determine the wishes of voters in the Sahtu communities if

(5) Subject to subsection (6) and the regulations, a plebiscite ordered under subsection (4) must be carried out in accordance with sections 45 to 48.

(6) In addition to the contents of a plebiscite order that are set out in section 45, an order made under subsection (4) must establish a polling station in each Sahtu community.

(7) If a majority of the votes cast at a plebiscite ordered under subsection (4) approve the establishment, replacement, modification or cancellation of limitations on the quantity of liquor that may be sold to a person at a liquor store in a Sahtu community, the Minister shall recommend that the Commissioner make regulations implementing the results of the plebiscite. SNWT 2013,c.22,s.3.

(1) A municipal council or band council, as the case may be, may request the Minister to declare the community or a portion of the community to be a temporarily prohibited area

(2) Where both a band council and a municipal council operate in a community, either council may, independent of the other, make a request under subsection (1).

(3) Subject to subsection (4), a request under subsection (1) must be made, in writing, to the Minister no later than 15 days before the day on which the period of temporary prohibition is intended to commence.

(4) If the Minister considers it appropriate in the circumstances, he or she may, in accordance with the regulations, accept a request made under paragraph (1)(b) that is received less than 15 days before the period of temporary prohibition is intended to commence.

(5) On receiving a request under subsection (1), the Minister may, by order,

(6) An order may not be made under subsection (5) if it would require the temporary closure of any licensed premises or liquor store in the community.

(7) Every person who contravenes an order of the Minister made under subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 30 days or to both. SNWT 2011,c.8, s.16(6).

(1) A municipal council may, in accordance with the regulations, make bylaws respecting

(2) The municipal council must, without delay, provide a copy of a bylaw made under this section to the Minister and the Board.

(3) For greater certainty, if a provision of a bylaw lawfully made under this section is inconsistent with a provision of regulations made under this Act, the provision of the bylaw prevails.

(1) Subject to this section, the Board may not issue premises licences in a community unless a plebiscite has been conducted in the community and a majority of the votes cast by the voters favour the issuance of licences of that particular class.

(2) Where a majority of the votes cast at a plebiscite support the issuance of premises licences of a particular class, the Board may issue such a licence in the community on receiving an application made under this Act.

(3) Where a premises licence or licences have been issued and are in effect in a community, the Board may, in accordance with this Act but without a plebiscite, issue other licences that are of the same rank or of a lower rank.

(4) For the purposes of this Division and unless specified otherwise in the regulations, premises licences are deemed to be ranked in accordance with the following list, with a licence in the list being ranked higher than those below it in the list and lower than those above it in the list:

(5) If the votes cast at a plebiscite in support of the issuance of a premises licence do not constitute a majority, no further plebiscite may be held in the community on a similar question within three years after that plebiscite.

(1) Where at least 20% of the voters of a community petition the Minister to close licensed premises of a certain class or classes, the Minister may order that a plebiscite be held to determine the wishes of the voters of that community.

(2) Where premises licences of any class, other than liquor-incidental licences, have been in effect in a community for less than four years, no question may be asked in a plebiscite that could result in the cancellation of licences issued in respect of that community.

(3) For the purposes of this section, the total number of voters of a community is the number of voters on the list of voters prepared under the Local Authorities Elections Act for the most recent community election.

(1) The Minister may appoint the employees necessary for the proper conduct of

(2) The employees appointed under subsection (1) are employees in the public service. SNWT 2018,c.6,Sch.A,s.72(3).

(1) A Board member, the Executive Secretary, an employee appointed under subsection 59(1), or an inspector shall not, directly or indirectly,

(2) Subsection (1) does not apply if the interest is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the person in the exercise of his or her powers or the performance of his or her duties under this Act. SNWT 2018,c.6,Sch.A,s.72(4).

(1) The Liquor Revolving Fund is continued.

(2) Money received in respect of the sale of liquor, the charging of licence and permit fees or the assessment of compliance penalties, or otherwise received in the administration of this Act, must be deposited to the credit of the Government of the Northwest Territories in the Liquor Revolving Fund.

(3) Money necessary for the purchase and sale of liquor, for the operations of the Board and the Commission or otherwise required for the administration of this Act, must be paid out of the Liquor Revolving Fund.

(1) The Commission shall periodically transfer from the Liquor Revolving Fund to the Consolidated Revenue Fund such amounts as may be necessary to ensure that the Liquor Revolving Fund does not exceed the authorized limit fixed by section 6 of the Revolving Funds Act.

(2) The Commission shall, at the request of the Minister, submit to the Minister a report when a transfer of funds referred to in subsection (1) is made.

(3) The report referred to in subsection (2) must include a statement of the operating results of the Commission for the period covered by the report, and a declaration of the amounts transferred to the Consolidated Revenue Fund during that period.

(1) The Board and the Commission shall each, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister.

(2) The Minister shall cause a copy of each annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2015,c.13,s.160.

(1) Subject to this Act and the regulations, a person other than a minor or an intoxicated person is eligible to

(2) A vendor or an employee of a vendor who is not satisfied that a person attempting to purchase liquor has attained 19 years of age, shall require the person to produce evidence of his or her age satisfactory to the vendor or employee, and until that evidence is produced, the person is not eligible to purchase liquor from the liquor store.

(1) Subject to subsection (2), an eligible person may make a legitimate gift of liquor to another eligible person, and the person receiving the gift may possess, consume, or transport the liquor as if he or she had purchased it in accordance with this Act and the regulations.

(2) A manufacturer of liquor, or an employee or representative of a manufacturer, may only make a gift of liquor as permitted by the regulations.

(1) A pharmacist may dispense liquor or a preparation containing liquor on the prescription of a medical practitioner or nurse practitioner.

(2) A pharmacist may purchase, transport, store and use liquor for compounding purposes.

(3) A person may purchase, possess, transport, consume and use liquor or a preparation containing liquor dispensed for that person by a pharmacist. DIVISION 2 GENERAL PROHIBITIONS

Obstruction of Inspector or Peace Officer

(1) No person shall obstruct an inspector or peace officer who is acting under the authority of this Act or the regulations.

(2) No person shall knowingly

(1) Where any substance contains liquor and also contains ingredients or medication that make it unsuitable as a beverage, a person may purchase or use it for its intended purpose.

(2) No person may sell or supply a substance described in subsection (1) to another person if he or she knows or should know that the other person intends to use it as a beverage.

(1) Except as provided in this Act or the regulations, no person shall

(2) This section does not apply to supplying liquor to a minor

(1) No minor shall

(2) Notwithstanding subsection (1), the purchase or attempted purchase of liquor by a minor is not a contravention of that subsection if the purchase or attempted purchase

(1) Except as provided by this Act and the regulations, no person shall consume liquor in a public place.

(2) The possession by a person in a public place of liquor in any container other than

is, in the absence of evidence to the contrary, proof that the person has been consuming liquor in that public place.

(3) A public place that only allows the public access during certain hours does not cease to be a public place during other hours.

(4) A common room or party room in an apartment building or condominium complex is not a public place while it is being used by residents for their own purposes.

(1) No minor shall consume liquor.

(2) Subsection (1) does not apply if liquor is supplied to a minor in the circumstances described in subsection 77(2).

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

(2) A peace officer who believes on reasonable grounds that a person is intoxicated in a public place may, instead of laying a charge in respect of the offence under subsection (1), apprehend the person to be dealt with in accordance with this section.

(3) Subject to subsection (4), a person apprehended under subsection (2) shall be released from custody at any time if the person responsible for his or her custody believes on reasonable grounds that

(4) A person apprehended under subsection (2) may not be held in custody for more than 24 hours after being apprehended.

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

(1) In this section,

"lottery licence" means a licence issued under the Lotteries Act; (licence de loterie)

"Nevada ticket" means a pull-type or break-open ticket. (billet Nevada)

(2) No licence holder shall allow at the licensed premises any computer, video device or machine if, 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.

(3) Subject to subsections (4) to (6), no licence holder shall allow any gambling at the licensed premises.

(4) A licence holder may allow raffle tickets to be sold or a draw for a raffle to be held at the licensed premises, if

(5) A licence holder that is issued a lottery licence in respect of a raffle or for the sale of Nevada tickets may sell the raffle tickets, hold the draw for the raffle or sell the Nevada tickets, as the case may be, in the licensed premises for which the lottery licence is issued, if the sale or draw is not otherwise prohibited under the Lotteries Act.

(6) If authorized by the Board, a licence holder may, in accordance with the regulations, permit lotteries for which a lotteries licence has been issued to be conducted at the licensed premises during a liquor free event.

(1) Subject to this section, no licence holder shall operate a licensed premises outside the operating hours permitted under the regulations and the terms and conditions of the licence.

(2) A licence holder may, in accordance with the regulations, apply to hold an event at the licensed premises outside the operating hours permitted under the regulations, and at which no liquor may be sold, served or consumed.

(3) The Board may, on approving an application under subsection (2), impose the terms and conditions the Board considers advisable.

(4) The Board, in its discretion, may revoke an approval given under subsection (3) after giving notice to the permit holder.

(5) The decision of the Board to revoke an approval given under subsection (3) is final.

(1) Except as authorized by or under this Act or the regulations, no licence holder shall allow any person under or apparently under 19 years of age to remain in a part of the licensed premises where liquor is sold or kept for sale, unless that person has in fact attained 19 years of age.

(2) Where a licence holder or an employee of the licence holder is not satisfied that a person at the licensed premises has attained 19 years of age, he or she may require the person to produce evidence of his or her age satisfactory to the licence holder or employee, and if the evidence is not produced, the licence holder or employee shall request the person to leave the licensed premises immediately.

(1) Where a licence holder is authorized by this Act or the regulations to allow minors to enter and remain in the licensed premises, minors may enter and remain in the licensed premises.

(2) Except as authorized by or under this Act or the regulations, no minor shall enter or remain in a licensed premises.

(1) No person shall enter into an agreement in which one party is to receive remuneration for working at 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.

(1) Unless the regulations permit otherwise, no holder of a premises licence shall be a party to an agreement with a liquor manufacturer or supplier in which the holder agrees to sell the liquor of the manufacturer or supplier.

(2) An agreement that contravenes subsection (1) is void.

(3) This section does not apply in respect of a premises licence that authorizes a person who also holds a manufacturing licence to sell liquor produced at the person’s manufacturing facility.

(1) No person shall, either directly or indirectly, offer or give any financial or material inducement to a licence holder or an employee or representative of a licence holder for the purpose of increasing the sale or distribution of any brand of liquor, unless the inducement is of a nature permitted in the regulations.

(2) No licence holder or employee or representative of a licence holder shall, either directly or indirectly, request or receive any financial or material inducement referred to in subsection (1).

(3) This section does not apply in respect of the authorized sale under a premises licence of liquor manufactured by the holder of that licence under a manufacturing licence.

(1) The Minister may appoint inspectors for the purposes of this Act and the regulations.

(2) When acting under the authority of this Division, an inspector shall carry identification in the form authorized by the Minister, and shall present it on request to the owner or occupant of any premises or facility being inspected.

(1) An inspector acting in his or her capacity as an inspector and in the performance of his or her duties under this Act or the regulations, has all the powers and protections of a peace officer under the Criminal Code and the common law.

(2) Where an inspector is obstructed in the performance of a duty referred to in subsection (1), the inspector may call to his or her assistance a peace officer or another person whom the inspector considers appropriate, who shall give the inspector all reasonable assistance.

(1) An inspector carrying out his or her duties under section 108 who finds liquor that he or she believes on reasonable grounds has been unlawfully acquired or kept or has been kept for unlawful purposes in contravention of this Act, the regulations or a term or condition of a licence or permit, may immediately seize and remove the liquor.

(2) An inspector who seizes liquor must

(1) An inspector carrying out his or her duties under section 108 who finds conditions at a licensed premises that he or she considers to constitute a serious contravention of this Act or the regulations may, if he or she further considers that it is necessary in the public interest to have those conditions immediately removed or remedied, suspend the operation of any licence for the premises until the conditions are remedied.

(2) No suspension issued under this section shall exceed 48 hours in duration.

(3) Where a suspension is made under subsection (1), the inspector shall, without delay, file a written report respecting the suspension with the Board.

(1) An inspector or peace officer shall not enter a dwelling-house except with the consent of the occupant or under the authority of a warrant.

(2) Where on ex parte application a justice is satisfied by information on oath

the justice may issue a warrant authorizing the inspector or peace officer named in the warrant and any person assisting him or her to enter and search the dwelling-house for any such thing, subject to any conditions specified in the warrant.

(3) An inspector or peace officer authorized by a warrant issued under subsection (2) may

(4) An inspector or peace officer is not entitled to use force to enter and search a dwelling-house unless the use of force is specifically authorized in a warrant authorizing the entry. SNWT 2010,c.21,s.3.

(1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any vehicle, place or premises anything that will afford evidence with respect to any contravention of this Act or the regulations, the justice may issue a warrant authorizing the inspector or peace officer named in the warrant and any person assisting him or her to enter and search the vehicle, place or premises for any such thing, subject to any conditions specified in the warrant.

(2) An inspector or peace officer authorized by a warrant issued under subsection (1) may

(3) An inspector or peace officer who has reasonable grounds to believe that there is in any vehicle, place or premises anything that will afford evidence that a contravention of this Act or the regulations has been committed, may search the vehicle, place or premises without a warrant if he or she reasonably believes that delaying the search to obtain a warrant would result in the loss or destruction of evidence.

(4) An inspector or peace officer is not entitled to use force to enter and search a vehicle, place or premises unless the use of force is specifically authorized in a warrant authorizing the entry. SNWT 2010,c.21,s.4.

(1) A peace officer who believes on reasonable grounds

may, without a warrant and if necessary using reasonable force, conduct a search for that liquor 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 that he or she believes on reasonable grounds is unlawfully kept or is kept for unlawful purposes in contravention of this Act, the regulations or the terms and conditions of a licence or permit, may

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

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

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

(1) A peace officer may seize and remove liquor he or she finds at any premises or place if he or she believes on reasonable grounds that there is no apparent owner of the liquor.

(2) Liquor seized under subsection (1) is forfeited to the Commission.

(1) A person who claims an interest in any liquor or vehicle that has been forfeited under this Act may apply by originating notice to a judge of the Supreme Court for an order under subsection (6) or (7).

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

(3) An applicant has

(4) The judge shall fix a day for the hearing that must not be less than 30 days after the day the application was filed.

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

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

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

the applicant is entitled to an order declaring that his or her interest is not affected by the forfeiture, and declaring the nature and extent of that interest.

(1) A peace officer who, under this Act, enters a licensed premises or another place and seizes liquor may

(2) Every person found at a place described in subsection (1) who gives a peace officer false information with respect to his or her name or address, is guilty of an offence.

(1) Every person who contravenes section 74 is guilty of an offence and liable on summary conviction

(2) Notwithstanding subsection (1), every person who contravenes paragraph 74(c) by selling or offering to sell liquor to a minor is guilty of an offence and liable on summary conviction

(3) A court that makes a probation order upon the conviction of the accused for a contravention of section 74 shall prescribe, as a condition of that order, that the accused not consume or possess liquor, subject to such exceptions as the court may specify.

(4) For the purposes of subparagraphs (1)(a)(ii) and (b)(ii), a conviction for a contravention of paragraph 74(c) referred to in subsection (2) is deemed, for greater certainty, to be a conviction for a prior offence.

(1) Every person who

(2) For the purposes of subparagraph (1)(b)(i), a conviction for a contravention of section 83 or 84 or subsection 86(1) or 100(2), is deemed to be a conviction for a subsequent offence if the accused has previously been convicted of a contravention of any of those provisions.

(1) A certificate of a previous conviction purporting to be under the hand of the convicting justice or of a registrar or clerk of the convicting court is admissible, in the absence of evidence to the contrary, as proof of the facts stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

(2) In establishing the number of times a person has been convicted of an offence for the purposes of section 124 or 126, the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of the offences or to whether an offence occurred before or after a conviction.

(1) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for the offence, whether or not the corporation has been prosecuted or convicted for the offence.

(2) Nothing in subsection (1) relieves the corporation or the person who actually committed the offence from liability for the offence.

(1) In proving the sale, disposal, gift, purchase or consumption of liquor, it is not necessary to show in a prosecution that any money actually passed or any liquor was actually consumed if the justice is satisfied that a transaction in the nature of a sale, disposal, gift or purchase actually took place.

(2) Proof of consumption or intended consumption of liquor at premises where consumption is prohibited is evidence that the liquor was sold or given to or purchased by the person consuming or being about to consume or carry away the liquor.

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

(2) In a prosecution under this Act, the certificate of analysis provided 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 signature or official character of the person appearing to have signed it.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) Notwithstanding any provision of this Act, the Commissioner, on the recommendation of the Minister, may repeal any regulation or any provision of a regulation that has been rendered inoperative by a

SNWT 2013,c.22,s.4; SNWT 2022,c.18,s.7.

(1) In this section, "former Act" means the Liquor Act, R.S.N.W.T. 1988, c.L-9.

(2) On the coming into force of this section,