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New Brunswick Canada Liquor Laws


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#1 nbbeerguy

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Posted 11 March 2010 - 03:47 PM

36A person not prohibited from having possession of liquor may have in the person’s residence a maximum total of fifty gallons of wine, wine and beer or beer made by the person in the person’s residence, and a person who is not prohibited from consuming liquor may consume that wine or beer in that residence.
1971, c.43, s.5; 1974, c.26(Supp.), s.3; 1992, c.90, s.30.

What this means is that we as home brewers are not allowed to take beer from where it was produced outside of that premise.

What would my best route be to get this stupid Law changed 8/10 provinces allow you to make your beer and take out side of your home.

If any of you have a legal background and can provide any helpful info please feel free !!!!

Cheers and Happy Brewing

Edited by nbbeerguy, 11 March 2010 - 03:47 PM.


#2 tag

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Posted 11 March 2010 - 04:32 PM

I don't see any prohibition of taking said alcohol outside the residence.

#3 nbbeerguy

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Posted 11 March 2010 - 05:26 PM

ine, wine and beer or beer made by the person in the person’s residence, and a person who is not prohibited from consuming liquor may consume that wine or beer in that residence.

I did confirm with the provincial GOVT that this mean I am not allowed to take homebrew outside of the place it was produced

Here is an email i received to me this is complete BS but I need todo somethign as based on the law I am not allowed to transport homebrew/wine from my home to competitions samplings with the homebrew club makes me very angry and in the letter below it states they do not enforce this law but its still there and as a homebrew club one of the stipulations is we abide by the NB Liquor laws

Hello Mr. Savoy,



As per your phone inquiry to the Director of Licensing and Registration and our conversation, here is some information regarding the Liquor Control Act.

I’ll also be providing this information to the Daily Gleaner reporter.



The provisions in the Liquor Control Act are in place to protect the health, safety and security of people.

The Act allows the consumption, possession, and transportation of liquor only as authorized in the Act.

Many provisions are there to ensure quality control of alcoholic products available to the public and to restrict the sale to those who are under the legal drinking age.



The Act does only authorize home brew to be in the residence of the person who made it.

The department has not been made aware of anyone who has been charged for transporting home brew.

The department does not actively enforce this provision.

There are no planned changes to the law as it relates to home brew at this time.



Many of the provisions in the Liquor Control Act, including the ones regarding home brew, have been in place for decades.

The department continually reviews its legislation and monitors what other jurisdictions do, and is always welcome to suggestions from the public if someone has an issue with this provision.



As for U-Vin/U-Brew establishments – the government introduced Bill 22 amending the Liquor Control Act in December 2008, which will amend the Act to allow for U-Vin/U-Brew operations, as the Liquor Control Act had no provisions for this service.

This law will come into force in the coming months, once the regulations are complete.

When it does, a person will be allowed to transport liquor from the U-Vin/U-Brew establishment to their residence. But beyond that, alcohol from a U-Vin/U-Brew will be subject to the same regulations as home brew.



I hope this answers your questions.



Sincerely,

Meghan Cumby
Communications Officer
Department of Public Safety/ Ministère de la Sécurité publique
Tel./Tél.: (506)444-5267

Edited by nbbeerguy, 11 March 2010 - 05:37 PM.


#4 RommelMagic

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Posted 12 March 2010 - 06:38 AM

I'm not familiar with Canadian law or its legal process however in NY I would simply contact either my state Congressman or Senator or both. Perhaps the AHA could also assist.

#5 McNuggets

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Posted 12 March 2010 - 08:22 AM

The department does not actively enforce this provision.

That's good enough for me.

#6 boo boo

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Posted 13 March 2010 - 05:27 AM

That's good enough for me.


If my province is the other one, then that would be good enough for me also.

I'm certainly not going to worry about it as long as excise guys don't bust down my door.

#7 earthtone

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Posted 13 March 2010 - 07:29 AM

yeah not sure if nova scotia is the same, but I've drank my homebrew with police officers here in their residences.... I say leave well enough alone. Nobody is going to arrest you for entering a homebrew competition. You don't have a still in the basement do you?

#8 nbbeerguy

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Posted 18 March 2010 - 03:40 PM

NB and PEI have the same type of laws the only real problem this creates is the inability to host or submit entries to competitions But ........ I recieved this the other day

Mr. Savoie,

Several of your emails to ministers and officials concerning the Liquor Control Act and its impact on home brewers have been forwarded to my attention. I am the senior official responsible for the administration of the Liquor Control Act.

We are always appreciative to have drawn to our attention provisions of the Act that may have become dated. Thank you for bringing your concerns to our attention. The Department of Public Safety is reviewing the Act, in light of questions and concerns from New Brunswickers and in comparison to the legislation in other jurisdictions, so your feedback is timely. We expect to be in a position late this year to make recommendations to government on amendments to advance before the Legislative Assembly. We will keep your email on file, and may contact you later this year, with a view to arranging to consult with the members of your Association.

Once again, thank you.

Yours truly,

Michael Comeau
Assistant Deputy Minister, Safety Services Department of Public Safety


Then my reply was
From: David Savoie [DavidSa@BarrettXplore.com]
Sent: March 15, 2010 1:40 PM
To: Comeau, Mike (DPS/MSP)
Subject: RE: your concerns

What I was wondering is how we can work on this together as many of our members over the years have sent in requests to have this law fixed and they always get told that someone will contact them and to my surprise no ever does so if you could guarantee me that this will be 100% looked at otherwise I will continue to pursue this issue through other means.

And his response was

I don't want to dissuade you from pursuing change through whatever means you choose. Please don't feel like DPS or I personally are asking you not to do that.

That said, yes, we absolutely are reviewing the entire Act and regulations, with a view to recommending modernization to ministers late this year or early next -- and we will be attending specifically to the restrictions on possession and transportation of liquor (from whatever source). I expect it will be late summer or autumn before we are proactively seeking input, but we certainly will contact you when we get to that point. We'd be pleased to reach your membership through you, if you're comfortable with that.

Mike

Edited by nbbeerguy, 18 March 2010 - 03:42 PM.



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