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Good news guys about the Homebrew laws in NB

Started by Dave Savoie, January 27, 2011, 01:59:49 PM

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Dave Savoie

Nova Scotia Liquor Control Act
Posted by David Savoie on February 19, 2010 at 5:17 PM    Comments comments (0)


Transportation of liquor


Gift 55 A person may make or receive a bona fide gift of liquor if

(a) the donor is in lawful possession of the liquor;

(b) the gift is not for the promotion of abrand of liquor unless such a gift for promotional purposes is made inaccordance with methods and procedures authorized by this Act;

(c) the donee is not a person who is prohibited from possessing or consuming liquor under this Act; and

(d) it does not exceed the quantity determined by the regulations. R.S., c. 260, s. 55.

 



(4) Subject to this Act and the regulations, whether or not the package or vessel containing liquor has been opened or the seal on the package or vessel is broken, a person who is permitted by law to possess and consume liquor within the Province and who for a lawful purpose

(a) purchased the liquor lawfully within the Province;

(b) brought the liquor, not exceeding a quantity determined by the regulations, lawfully into the Province; or

(c) received the liquor as a bona fide gift,


may carry or convey that liquor to anyplace in which the person is permitted to possess, have or consume the liquor or from that place to another place in which the person ispermitted to possess, have or consume the liquor if he does not openthe package or vessel or consume the liquor while carrying or conveying it.
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Dave Savoie

The BC Liquor Control and Licensing Act says about home-brew
Posted by David Savoie on February 24, 2010 at 4:08 PM    Comments comments (0)

The BC Liquor Control and Licensing Act says about home-brew:

 

55

 (1) A person must not manufacture liquor in British Columbia except in accordance with this Act and the regulations.

(2) This section does not apply to a person producing or manufacturing wine, beer or cider

(a) in a residence, or

(b) in an establishment licensed under section 12.1 [UBrew and UVin companies] for the person's own consumption or consumption at no charge by other persons.

 

A person must not consume liquor in a public place but the Act does not mention anything about carrying closed liquor from one place to another. So, a person could take their home made liquor to a friend's place to share together.

 

Ministry of Housing and Social Development

Liquor Control and Licensing
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Dave Savoie

Saskatchewan's Alcohol and Gaming Regulation Act
Posted by David Savoie on February 25, 2010 at 11:16 AM    Comments comments (0)

Section 109 of Saskatchewan's Alcohol and Gaming Regulation Act, 1997 addresses the issue of beverage alcohol in vehicles and states:

 

 

Vehicles

109(1) Subject to subsection (2), no person by himself or herself, his or her employee or agent shall have or keep or consume or give beverage alcohol in a vehicle.

 

(2) Subsection (1) does not render it unlawful:

 

            (a) to have beverage alcohol in a vehicle for the purpose of transporting the

            beverage alcohol from the place at which it was lawfully obtained to a place

            where it may be lawfully had, kept or consumed or from that place to another

            place where it may be lawfully had, kept or consumed; or

 

            (b) to have, keep, consume or give beverage alcohol in a vehicle for which the

            authority has issued a special use permit.

 

(3) Clause (2)(a) does not apply respecting beverage alcohol being transported in a vehicle used for carrying passengers for hire or gain unless the beverage alcohol is in the possession of a person who is a bona fide passenger in the vehicle.

 

(4) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of not more than $2,000, imprisonment for a term of two months or both.

 

In Saskatchewan's legislation homemade beverage alcohol is considered beverage alcohol for the purposes of the act and this section would allow an individual to transport beverage alcohol from one place where it may be legally consumed to another.

 

In Saskatchewan, there is no requirement that individuals obtain a permit to serve and consume beverage alcohol in a private place. The interpretation of a private place is contained in section 106 of the Alcohol and Gaming Regulation Act, 1997.

 

For more information about Saskatchewan's legislation go to: http://www.slga.gov.sk.ca/x3650.xml
Charter Member

Richard

Thomas: I'm pretty sure the Anti-Saloon league had something to do with it too; arguably prohibition (whilst supported and partially enabled by christian-motivated politics) was really brought about by giving women the vote. Oops :P

Also we should shy away from any discussion of religion in here... I rather doubt a mash-up of Dawkins and a history lesson (however truthful) will have any use in the case versus objective comparison to other provincial law.

Dave: A lot of what you're digging up here appears to be related more to distillation (which I expect will remain illegal due to the potential for blinding yourself if you're a dumbass).

Can you find specific instances of other provinces allowing gifting of homebrew, or licencing a function wherein homebrew may be consumed on-site?

I'd look more but I'm ass-deep in work right now :-/
Charter Member

Kegged: air.
Primary: air.
Bulk Aging: Silence of the Lambics (Pitched 13/05/2012).
Owed: JQ LSA x 1, Kyle Stout x 1 & IPA x 1.

Dave Savoie

All of these posted are directly related to homebrew Ive already confirmed this any info i posted was directly from that provinces GOVT I emailed them they emailed me back with the info
Charter Member

Richard

Quote from: "Dave Savoie"The BC Liquor Control and Licensing Act says about home-brew:
...
(2) This section does not apply to a person producing or manufacturing wine, beer or cider


Confused me. See my previous point about not being able to understand legalese :P

You seem to have amassed a rather large pile of evidence that transportation is legal in other provinces... so that's that one supported :)

Also:

viewtopic.php?p=493#p493 (Nova Scotia Liquor Control Act)

would seem to be our gateway to gifting, unless there's some other law specifically prohibiting it...

Well done :)
Charter Member

Kegged: air.
Primary: air.
Bulk Aging: Silence of the Lambics (Pitched 13/05/2012).
Owed: JQ LSA x 1, Kyle Stout x 1 & IPA x 1.

Dave Savoie

I used to have this info for every province but when changing PC at work some got lost
Charter Member

Richard

Is this legislation not available online, i.e. without email? Could make a page in the wiki devoted to the per-province status on transport, (public) competitions, and gifting.

Although the laymans interpretation given in the emails is pretty damn valuable, given how obtuse the law is in parts. We should definitely keep this stuff safe somewhere...
Charter Member

Kegged: air.
Primary: air.
Bulk Aging: Silence of the Lambics (Pitched 13/05/2012).
Owed: JQ LSA x 1, Kyle Stout x 1 & IPA x 1.

Dave Savoie

Based on our meeting today we have a supporter in Mr Mike Johnston he seems very interested in craft brewing and appreciates good beer and he also brought up the competition thing such as a license for competitions as many of the other provinces have legislation regarding this so the fight has progressed a bit further and with time and effort I think we can have this law adjusted so our craft can flourish !!!

Cheers
Charter Member

Richard

Nice one. Do we have anything in writing, as to the specifics (if any) of what happens next?
Charter Member

Kegged: air.
Primary: air.
Bulk Aging: Silence of the Lambics (Pitched 13/05/2012).
Owed: JQ LSA x 1, Kyle Stout x 1 & IPA x 1.

Dave Savoie

next step is to provide him with a very detailed description of what we would like but kyle will elaborate a bit more of what he wants from us.
Charter Member

fakr

sorry to dig up old threads guys, but I'm very curious....What was the final outcome of the meeting?
"If God had intended for us to drink beer, He would have given us stomachs."

Dave Savoie

not sure i thought Kyle was going to give the guy more info not sure after that
Charter Member

Dave Savoie

Charter Member

fakr

"If God had intended for us to drink beer, He would have given us stomachs."