Alcohol Duty When Entering New Brunswick

In 2018, the amount of liquor individuals could bring across a provincial boundary for personal use was set to at least double. This was decided at the Council of the Federation meetings in Saint Andrews, New Brunswick, where officials agreed to significantly increase personal use exemption limits.

Previously, New Brunswick, like most provinces, limited how much alcohol people could bring across provincial borders. The New Brunswick Liquor Control Act set a personal importation limit of 12 pints of beer (about 18 cans or bottles), or one bottle of wine or spirits.

However, in 2018, the provinces agreed to raise these limits to:

- 18 litres of wine (or two cases).

- Six litres of spirits.

- 49.2 litres of beer (six standard cases of 24).

The Liquor Control Act (LCA)

The LCA establishes the New Brunswick Liquor Corporation (ANBL) as a Crown corporation, with the authority to carry out the general business of manufacturing, buying, importing, and selling liquor in New Brunswick. The ANBL acts as the primary monopoly wholesaler and retailer of beverage alcohol in the province, regulating the right to sell.

The LCA outlines the requirements for the registration and listing process, labelling and packaging, laboratory testing, sales channels and distribution, marketing and promotion, and licensing of beverage alcohol in New Brunswick. It also sets out the maximum amount of homemade wine or beer a person may make or possess in their residence, as well as the limits on the amount of non-ANBL-purchased liquor that can be acquired from another province or country, either as a gift or for personal consumption.

The LCA has been amended numerous times, with the current version in force since June 10, 2022. The Act includes detailed provisions on various types of licences and permits, such as tavern licences, beverage room licences, restaurant licences, dining room licences, wine serving licences, lounge licences, and special event licences, among others. These licences outline the conditions under which liquor can be sold, served, and consumed in licensed premises, including restaurants, bars, and special events.

The LCA also addresses the conveyance of liquor, allowing individuals to carry or convey liquor to and from a liquor store, warehouse, or depot established by the ANBL. It sets out restrictions on gifts of liquor and outlines the circumstances under which liquor can be consumed in a residence or on a train.

The LCA further provides for the classification of permits, including identification permits, special permits, and special occasion permits. It establishes the conditions for obtaining and using these permits, such as age restrictions and the requirement for proof of identification.

The Act also includes provisions for enforcement, prosecution, and penalties for violations of the LCA. It defines the roles and powers of inspectors, peace officers, and other authorities in enforcing the Act and outlines the procedures for investigations, seizures, and forfeitures.

Overall, the LCA provides a comprehensive framework for the regulation of beverage alcohol in New Brunswick, covering all aspects of its production, sale, distribution, and consumption.

The New Brunswick Liquor Corporation Act (NBLCA)

The NBLCA authorises the ANBL to carry out the general business of manufacturing, buying, importing, and selling liquor in New Brunswick. The ANBL is the primary monopoly wholesaler and retailer of beverage alcohol in the province, with the power to regulate the right to sell.

The ANBL is directed by an eight-member Board of Directors, seven of whom are appointed by the Lieutenant Governor in Council, and the eighth being the CEO. The ANBL is a partner in social responsibility programs in New Brunswick, encouraging the responsible consumption of alcohol and sponsoring community events throughout the province.

The ANBL has a network of stores in over 29 communities across New Brunswick, with 40 corporate retail outlets, 90 private agency store outlets, 87 local producer agency stores, and 66 grocery stores selling wine, cider, and beer. The ANBL's product portfolio includes over 2,300 products, including wines, spirits, beers, coolers, ciders, and locally produced alcoholic beverages.

The ANBL may appoint agents to sell liquor on its behalf and establish the terms and conditions of those sales, including the hours during which liquor may be sold.

The Canadian Free Trade Agreement (CFTA)

The CFTA covers "most" of the service economy, which accounts for about 70% of Canada's GDP, as well as the energy sector. Notably, the agreement does not address intergovernmental barriers to trading alcohol. However, it established a working group to study and make recommendations to enhance interprovincial alcohol trade.

One of the main problems identified by the Standing Senate Committee on Banking, Trade, and Commerce was internal trade barriers, with the worst-hit areas being transportation, alcoholic beverages, and pharmaceutical drugs. The committee urged the Canadian government to update the Agreement on Internal Trade (AIT), which was created in 1994 to eliminate trade barriers and improve investment and mobility within Canada.

In 2018, the amount of liquor individuals could bring across a provincial boundary for personal use was set to at least double following a deal at the Council of the Federation meetings. The new limits are as follows: 18 liters of wine (or two cases), six liters of spirits, and 49.2 liters of beer (six standard cases of 24). These changes were to be implemented by 2020, making it easier for Canadian consumers to purchase alcohol across interprovincial borders.

The Supreme Court of Canada's ruling on the 'free-the-beer' case

In 2012, Gerard Comeau was stopped at the New Brunswick-Quebec border and fined $292.50 for possessing 14 cases of beer, two bottles of whiskey, and one bottle of liqueur in his vehicle. The fine was issued for violating New Brunswick's Liquor Control Act, which sets a limit of 12 pints of beer or one bottle of wine or spirits that can be brought into the province.

Comeau contested the ticket, arguing that Section 121 of the Constitution Act, 1867, guarantees the free movement of goods between provinces. The case, known as "R v Comeau" or the "Free the Beer" case, made its way to the Supreme Court of Canada, which released its ruling in April 2018.

The Supreme Court unanimously ruled that while Section 121 prohibits laws that primarily aim to prevent the movement of goods across provincial borders, it does not impose absolute free trade across Canada. The Court held that the New Brunswick Liquor Control Act's primary purpose was to manage the supply and demand of liquor within the province and enable public supervision of the production, movement, sale, and use of alcohol within the province. Therefore, the law was constitutional, and the restriction on cross-border alcohol was only an incidental effect.

The Supreme Court's decision affirmed the powers of provincial governments to enact laws within their jurisdictions, even if they incidentally restrict free trade. The ruling also highlighted the importance of maintaining the shape of Canadian federalism, which values regional diversity.

The "Free the Beer" case attracted attention from various industries and had potential implications for the sale of tobacco, cannabis, and regulated products such as dairy and eggs. It also sparked discussions about the interpretation of the Constitution and the role of government in regulating trade.

New Brunswick's drinking and driving laws

Drinking and Driving Laws in New Brunswick

New Brunswick has strict laws regarding drinking and driving. The province's Motor Vehicle Act and Canada's Criminal Code govern impaired driving, including laws related to the legalization of cannabis. Driving under the influence of alcohol, drugs, prescription medications, and over-the-counter drugs can result in serious penalties, including criminal charges.

According to the Canadian Highway Traffic Act, it is a crime for any driver to operate a vehicle with a blood alcohol content (BAC) greater than 0.08. This includes all automobiles, aircraft, and watercraft. Police officers can arrest anyone suspected of operating a vehicle within three hours of being impaired or having a vehicle in their "care or control, even if the engine is off. Refusal to provide a breath sample can result in the same consequences as blowing over the limit.

New Brunswick has a zero-tolerance rule for drivers under the age of 21, with immediate license suspension and mandatory enrollment in a driver's education program for those found with any alcohol in their bloodstream.

For drivers over 21, a BAC of between 0.05 and 0.08 will result in an immediate seven-day license suspension for a first offence, with longer suspensions for subsequent offences. A BAC of over 0.08 carries an immediate 90-day license suspension, as well as a minimum fine of $1,150 and mandatory enrollment in a driver's education program for a first offence. Second and third offences carry minimum jail terms of 30 days and 90 days, respectively.

In addition to fines and jail time, offenders may also be required to install an ignition interlock device in their vehicle, which prevents the vehicle from starting if the driver's BAC is over the legal limit.

Frequently asked questions