GAMING AND LIQUOR ACT

Chapter G‑1

Table of Contents

                1       Interpretation

Part 1
Alberta Gaming and Liquor Commission

Status, Powers and Duties

                2       Board continued as Commission

                3       Commission’s objects

                4       Crown agent

                5       Natural person powers

                6       Other powers and duties

                7       Policies

                8       Land and buildings

Board

                9       Board

              10       Acting Chair

              11       Panels

              12       Responsibilities of board

              13       Inquiry

              14       Exercise of certain 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 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       Commission’s authority

              44       Agreements

              45       Lottery tickets

              46       Gaming terminals

              47       Video lottery terminal actions

              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

              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       Commission’s 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 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

              94       Application for board hearing

              95       Disposition of liquor

              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 and gaming supplies

            107       Warrantless search and seizure

            108       Abandoned liquor

            109       Seizure report

            110       Disposition of liquor on conviction

            111       Special situations

            112       Forfeiture of seized conveyance

            113       Claims by interest holders

            114       Disposition of forfeited liquor

            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;

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

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

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

                                 (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” means the premises described in a liquor 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;

                                 (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, and

                                          (ii)    the storage, display, advertising and offering of liquor 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;

                               (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)(s);

                                (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;

                              (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

Part 1
Alberta Gaming and
Liquor Commission

Status, Powers and Duties

Board continued as Commission

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

1996 cG‑0.5 s2

Commission’s 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;

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

1996 cG‑0.5 s3

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 not more than 7 members appointed by the Lieutenant Governor in Council for a term specified in their appointment.

(1.1)  The Lieutenant Governor in Council may appoint any of the following as members of the board:

                                 (a)    the person holding the position of Deputy Minister of the Department of Gaming;

                                 (b)    the person holding the position of chief executive officer of the Commission;

                                 (c)    if one person holds both the positions referred to in clauses (a) and (b), that person.

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

(3)  A quorum of the board is 3 members.

(4)  The Lieutenant Governor in Council must fix the amount of the members’ remuneration and the travelling, living and other expenses that the members are entitled to receive.

RSA 2000 cG‑1 s9;2002 c15 s3

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, 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.

1996 cG‑0.5 s11

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   The board must not exercise a power or perform a duty that is by any enactment specifically assigned to the Commission or the chief executive officer.

1996 cG‑0.5 s14

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 impose fines under section 91(2), 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

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)  The Lieutenant Governor in Council may appoint as the chief executive officer of the Commission

                                 (a)    the person holding the position of Deputy Minister of the Department of Gaming,

                                 (b)    the person holding the position of Chair of the board, or

                                 (c)    if one person holds both the positions referred to in clauses (a) and (b), that person.

(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

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