ABOUT THE NEW LIQUOR ACT

The new Liquor Act was based on the final report of the Liquor Act Review. Below are a few examples of the changes that will occur once the new Liquor Act comes into effect.

General Improvements

• Will significantly increase the maximum penalties for the illegal sale of liquor (e.g. bootlegging) and set minimum fines for the same.
• Will provide a clearer distinction between the adjudicative, enforcement and governance functions of the liquor control system.
• Will remove interdiction from the Act for human rights reasons.
• Will give peace officers the option to lay a charge or apprehend a person who is found intoxicated in public. Currently charges cannot be laid without Ministerial approval.
• Will increase the amount of liquor a person may personally import into the NWT without a permit, from 1.14 L of wine to 1.5 L of wine and from 4.260 L of beer to 8.52 L of beer. The importation amount for spirits will remain at 1.14 L. These limits are consistent with federal import limits.

Improvements to Protect Minors

• Will double bootlegging fines, where the bootlegger sold liquor to a minor, and will set minimum fines for this offence. Currently there is no distinction between illegal sales to adults or to minors, and there are no minimum fines.
• Will increase fines to liquor stores, license holders, and permit holders who sell liquor to a minor.
• Will make it an offence to use false ID.
• Will require minors to be supervised while in a liquor store. Currently minors can be in a liquor store unsupervised, but they cannot purchase or attempt to purchase liquor.
• Will increase the penalties for offences committed by minors.

Improvements for Communities

• Will give communities more control over licensed premises, subject to restrictions in regulations. Currently communities can restrict hours only, and this must be done by plebiscite.
• Will allow communities that wish to hold a liquor plebiscite to submit a community resolution to the Minister, rather than having to submit a petition by 20 qualified voters.
• Will change the requirement for a plebiscite question to be successful from 60% to 50% plus 1.
• Will allow a community to object to the issuance of a new liquor licence 2 days before a hearing of the Liquor Licensing Board. Currently 10 days notice is required.

Improvements in Licensed Premises

• Will reduce the number of liquor licences from 12 to 4, with details to be listed in regulations.
• Will allow customers to take home an unfinished bottle of wine from a licensed restaurant, with restrictions. This is currently prohibited.
• Will allow a licence holder to hold more than one type of licence. Currently this is not permitted.
• Will allow intoxicated persons to temporarily remain in licensed premises for safety reasons, under special circumstances.
• Will increase the maximum monetary penalty the Liquor Licensing Board may issue to a licence holder from $5,000 to $10,000.
• Will restrict people who are charged with certain criminal offences from applying for or holding a liquor licence.
• Will allow customers of certain licensed restaurants to bring a commercially produced bottle of wine to the restaurant, with restrictions. This is currently prohibited.
• Will allow licence holders to apply to the Liquor Licensing Board to hold a liquor-free event on their premises. If approved, these events will occur outside normal operating hours and no liquor will be sold, served or consumed on the premises. Other restrictions will also apply.

Improvements in Liquor Stores

• Will require the Minister to notify a community before allowing the first liquor store to open in that community. Currently the Minister has complete discretion about opening liquor stores.
• Will require the Minister to notify a community before significantly changing the terms and conditions of liquor store operations in that community. Currently, the Minister has complete discretion about liquor store operations.
• Will introduce a new inspection regime in liquor stores.

View the new Liquor Act*

View the existing Liquor Act