Nova Scotia Liquor Corporation Regulations

made under Section 15 of the

Liquor Control Act

R.S.N.S. 1989, c. 260

O.I.C. 2023-120 (effective May 9, 2023), N.S. Reg. 77/2023

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Interpretation

Citation

Definitions

Designation of residence

Exemptions from Act and regulations

Corporation

Corporation policies

Corporation meetings

Leases signed by President

Insuring Corporation property

Prescribed liquor prices

Payment to Corporation for liquor

Fees

Forms

Employees of Corporation

Employees to perform inspections and receive orders

Medical prescriptions

Delivering and Transporting Liquor

Delivery by store manager

Delivery by common carrier or parcel post

Records of deliveries

Age requirements for delivering or transporting liquor

Exceptions by permit

Delivery of liquor by manufacturers

Permits

Classes of permits

Corporation hosting events without permit

Application for permit

Corporation issuing permit

Conditions on permits

Corporation cancelling or revoking permit

Persons authorized to issue permits

Duties of permit holders

Prohibited actions by permit holders

Renewal of permit

Transfer of permit

Transfer of permit holder’s shares

Continuation of permit for use by trustee or receiver

Disposal of liquor by public trustee

Registered Representatives

Registration required for manufacturer’s representatives

Responsibilities of registered representatives

Application for registration

Gifts and inducements

Granting of registration

Manufacturers

Permit required to

Manufacturer’s retail stores

Off-site stores

Hospitality rooms

Retail sales mark-up allocation

Warehouse retail stores

Collaborative manufacturing arrangements

Contract manufacturing arrangements

Manufacturers’ prohibitions

Employees and managers

Beer or wine making for personal use

Advertising and Promotion

Advertising and promotion policy

Brand advertising

Permitted sponsorships, giveaways and donations

Manufacturers may advertise in authorized media

Advertising on motor vehicles

Public service advertising

Radio and television advertising

Advertising restrictions

Advertising signs

Interpretation

Citation

1 These regulations may be cited as the Nova Scotia Liquor Corporation Regulations.

Definitions

2 In these regulations,

“Act” means the Liquor Control Act;

“annual global production” means the total amount, measured by volume, of liquor product manufactured annually by or for a manufacturer, calculated as the sum of all of the following less the total amount of beverage alcohol product exported out of the Province by the manufacturer:

(i) the amount manufactured by all of the following:

(A) the manufacturer,

(B) persons controlled by the manufacturer,

(ii) the amount manufactured under a collaborative manufacturing arrangement that is allocated to the manufacturer under subsection 47(2),

(iii) for a manufacturer that is a hiring manufacturer under a contract brewing arrangement, the amount determined in accordance with subsection 48(2);

“blended and bottled” means a manufacturer’s process for blending bulk alcohol products that meets all of the following criteria:

(i) 1 bulk alcohol product that is produced by a different manufacturer is mixed with 1 or more bulk alcohol products or non-alcohol products,

(ii) the product is manufactured in a facility that is separate from any other licensed establishment or kitchen premises of the manufacturer,

(iii) the finished product is packaged in approved containers for sale to a consumer;

“brewer” means a person who makes beer and occupies or carries on a brewery, either personally or by or through an agent;

“brewery” means a place or premises licensed by the Government of Canada, where beer or other related and approved products are manufactured;

“bulk alcohol product” means alcohol that has not been bottled for retail;

“collaborative liquor product” means a liquor product produced under a collaborative manufacturing arrangement;

“collaborative manufacturing arrangement” means a contractual arrangement in which 2 or more manufacturers agree to work together to develop and produce a liquor product that meets all of the following criteria:

(i) the product has a recipe that

(A) will be jointly owned by the manufacturers, and

(B) has not been previously used in a liquor product sold by a manufacturer,

(ii) the product is manufactured at a plant site or sites

(A) owned by 1 or more of the manufacturers, and

(B) located in the Province,

(iii) the production costs for each production run are shared by the manufacturers;

“common carrier” means a person who is approved by the Corporation as a common carrier to carry or convey liquor as provided by the Act and these regulations;

“contract manufacturing arrangement” means a contractual arrangement between a host manufacturer and a hiring manufacturer in which a liquor product is

(i) manufactured by a host manufacturer at the host manufacturer’s plant site in the Province, and

(ii) sold under the hiring manufacturer’s brand;

“contracted liquor product” means a liquor product produced under a contract manufacturing arrangement;

“distiller” means a person who

(i) occupies or carries on a distillery,

(ii) rectifies spirits by any process whatever, either personally or through an agent, or

(iii) possesses, imports or manufactures, in whole or in part, a still, worm, rectifying or other apparatus suitable for manufacturing spirits;

“distillery” means a place or premises licensed by the Government of Canada and where liquor other than beer or wine is manufactured or blended and bottled;

“farm winery” means a winery registered as a farm winery or a small farm winery under the Nova Scotia Wine Standards Regulations made under the Agriculture and Marketing Act;

“hiring manufacturer” means a manufacturer who hires a host manufacturer to manufacture a liquor product under a contract manufacturing arrangement;

“hospitality room” means a permanent premises at a manufacturer’s plant site where

(i) the manufacturer’s liquor is sold for consumption on the premises, or

(ii) samples of the manufacturer’s liquor are provided to customers for consumption on the premises;

“host manufacturer” means a manufacturer who is hired by a hiring manufacturer to manufacture a liquor product under a contract manufacturing arrangement;

“inducement” means an act by a manufacturer or registered representative to persuade a licensee or retailer through any benefit, including cash or liquor products, to buy more of a particular product than would be bought under normal circumstances, to the detriment of other manufacturers;

“licensed premises” means a premises for which a license has been issued under the Act and the Liquor Licensing Regulations made under the Act;

“licensee” means a licensee as defined in the Liquor Licensing Regulations made under the Act;

“manufacturer” means any of the following:

(i) brewer,

(ii) vintner,

(iii) distiller,

(iv) distributor of liquor;

“manufacturer’s retail store” means a manufacturer’s store for the primary purpose of the on-premises sale of liquor products in unopened containers;

“on-premises sale” means a sale in which the purchaser or the purchaser’s agent is present in the store at the time of the sale;

“plant site” means the land, buildings, machinery, apparatus and fixtures used by a manufacturer in the manufacturing process, that the manufacturer owns or leases pursuant to a lease with a term of at least 12 months, and includes adjacent lands;

“prescribed by the Corporation” means set out in the Corporation’s policies;

“registered representative” means an employee of a manufacturer, distributor or agent who is registered with the Corporation to promote and sell liquor as required by Section 36;

“sample” means a sample of liquor that is provided to an individual for no consideration and does not exceed the volume prescribed by the Corporation;

“store manager” means a store manager described in Section 51 of the Act;

“vintner” means a person who makes wine and occupies or carries on a winery, either personally or through an agent;

“winery” means a place or premises where wine is manufactured or blended and bottled.

Designation of residence

3 Any portion of a building containing offices and businesses that is not open to the public or in public view while liquor is being consumed there is designated as a residence for the purpose of the definition of “residence” in clause 2(x) of the Act.

Exemptions from Act and regulations

4 (1) A potable product intended as a beverage that contains less than 0.5% alcohol by volume at 15.5 °C of absolute alcohol is exempt from the Act and these regulations.

(2) Other than a beverage to which Sections 72 or 73 of the Act applies, concentrated food mixtures and beverage flavourings that meet all of the following criteria are exempt from the Act and these regulations:

(a) they contain more than 0.5% alcohol by volume at 15.5 °C of absolute alcohol;

(b) they are not agreeable to the palate or taste when consumed alone.

(3) The exemption in subsection (2) applies only to tonics and bitters in containers of 114 ml or less.

Corporation

Corporation policies

5 The Corporation may make policies setting out the details and procedures required for its administration and operations under the Act and these regulations.

Corporation meetings

6 A meeting of the Corporation may be called at any time by the President or by a person the President directs at its offices or at any other place.

Leases signed by President

7 All leases of land or buildings required for the purposes of the Corporation must be signed by the President or by another officer designated by the Corporation.

Insuring Corporation property

8 The Corporation, representing and on behalf of His Majesty the King in the right of the Province of Nova Scotia, may insure all property, whether real or personal, acquired, possessed or received by the Corporation in the name of the Nova Scotia Liquor Corporation, and all loss payable under a contract of insurance entered into by the Corporation may be payable to the Corporation.

Prescribed liquor prices

9 (1) The prescribed prices for liquor under subsection 42(1) of the Act include prices determined by the Corporation in respect of all of the following:

(a) liquor sold at retail from Government stores and agency stores;

(b) liquor sold in the Province from other than Government stores or agency stores, including liquor sold directly by the manufacturer under a valid license or permit.

(2) The prescribed prices for liquor under subsection 42(1) of the Act are as follows:

(a) for liquor sold at retail from Government stores and agency stores, the prices set out in an official price list issued by the Corporation or as otherwise determined by the Corporation;

(b) for liquor sold in the Province directly by a manufacturer to the public under a valid license or permit, the prices determined by the manufacturer and communicated to the Corporation, except that

(i) the prices must not be less than the social reference price list issued by the Corporation or as otherwise determined by the Corporation, and

(ii) if the liquor product is also sold at retail from Government stores and agency stores, the price must not be lower than the price as determined in clause (a).

(3) The prices in clause (2)(b) include, whether expressly stated or not, a retail sales mark-up allocation as set out in Section 45.

(4) A store manager must not charge or receive a price other than what is prescribed under subsection (2) unless the Corporation has provided written instruction.

Payment to Corporation for liquor

10 (1) Except as provided in subsection (2), sales by the Corporation must be by 1 of the following payment methods:

(a) cash;

(b) Corporation-approved credit card;

(2) Payment for sales to licensees, permit holders, military messes, registered representatives or government agencies must be made by 1 of the following payment methods:

(a) a method set out in subsection (1);

(b) certified cheque;

(d) bank money order;

(e) traveller’s cheque;

(f) standard cheque;

(g) any other payment method that is approved by the Corporation.

Fees

11 All fees relating to the Corporation’s operations under the Act or regulations must be prescribed by the Corporation.

Forms

12 The Corporation may provide forms for use in carrying out the purposes and objectives of the Act and may require the forms to be used for the purpose for which they are provided.

Employees of Corporation

13 (1) A person who has been convicted under subsection 78(1) of the Act must not be employed by the Corporation within the following period after the date they are convicted:

(a) 5 years; or

(b) a period of less than 5 years, if the Corporation considers appropriate.

(2) A gift to an employee of the Corporation is acceptable under subsection 81(4) of the Act if all of the following conditions apply:

(a) the value of the gift is less than $50;

(b) the gift meets all additional requirements prescribed by the Corporation.

Employees to perform inspections and receive orders

14 (1) The Corporation may appoint employees to do all of the following:

(a) inspect stores, including Government stores, agency stores and manufacturer’s retail stores, warehouses, plant sites, breweries, wineries, distilleries and any other areas the Corporation determines;

(b) make inspection reports in any manner or at any time the Corporation requires;

(2) The Corporation may establish an office in a plant site or warehouse and place an employee of the Corporation in charge of the office for the purposes of performing the inspections and making the reports referred to in subsection (1).

Medical prescriptions

15 (1) A store manager who is presented with a prescription may retain the prescription before supplying liquor under the prescription for as long as necessary to enable the store manager to determine any of the following:

(a) whether the prescription was signed by the physician by whom it purports to be signed;

(b) whether the prescription is otherwise legitimate.

(2) A person must not

(a) obtain a prescription by an improper means for the purpose of securing liquor; or

(b) use or attempt to use personally, or for another person, an improperly obtained medical prescription or a medical prescription that the person is not lawfully entitled to use.

Delivering and Transporting Liquor

Delivery by store manager

16 A store manager may deliver liquor within the Province from a Government store premises to a person entitled to purchase liquor.

Delivery by common carrier or parcel post

17 (1) The Corporation may deliver liquor within the Province to a person entitled to purchase liquor by sending the liquor by common carrier or parcel post in a prepaid package addressed to the person.

(2) A common carrier may deliver liquor lawfully sold and received from a premises where liquor may be lawfully sold or kept for sale to a person who is

(a) in charge of a premises where liquor may be lawfully kept or received; and

(b) 19 years old or older.

(3) Liquor must not be sent through common carrier or parcel post unless the purchaser pays the cost of the liquor and any delivery or parcel charges in advance to the Corporation.

Records of deliveries

18 (1) Every railway company, transport company or other carrier and their agents must keep or cause to be kept at each agency where goods are received for shipment or are delivered to within the Province an accurate record of each delivery of liquor received by and made from the agency that includes all of the following information:

(a) the time when the liquor was received;

(b) the name and address of the person to whom the liquor was delivered;

(2) All records required to be kept under subsection (1) must be made available to an inspector or a member or officer of the Corporation.

(3) A certified copy of the records to be kept under subsection (1) must be delivered to an inspector or a member or officer of the Corporation upon request.

Age requirements for delivering or transporting liquor

19 (1) A person must not enter into an arrangement with a person who is under 19 years old to convey or deliver liquor for or on behalf of the person who is under 19 years old.

(2) A person who is under 19 years old must not convey or deliver liquor for another person, either alone or in company with another person.

(3) A person who is 19 years old or older may transport on their person or in their vehicle unopened liquor that is purchased in accordance with all of the following:

(a) it was lawfully purchased for their personal consumption;

(b) it was either

(i) purchased in the Province or another Canadian province, or

(ii) lawfully imported into Canada.

Exceptions by permit

20 Liquor may be carried in a manner not specifically provided for by these regulations if authorized by a permit.

Delivery of liquor by manufacturers

21 (1) Liquor must not be delivered by a manufacturer on any of the following days or times:

(a) a statutory holiday;

(b) a day prescribed by the Corporation;

(2) By an order signed by the President or acting president, the Corporation may prohibit a manufacturer or its common carrier from delivering liquor to a person.

(3) Subject to subsection (5), a manufacturer who holds a permit may deliver liquor that has been lawfully sold to a consumer for personal consumption by any of the following methods:

(a) personal delivery by the manufacturer or by its employee;

(b) delivery by common carrier.

(4) Subject to subsection (5), a manufacturer who holds a permit may deliver liquor that has been lawfully sold to a licensee, the Corporation or a person other than a consumer by any of the following methods:

(a) personal delivery by the manufacturer or by its employee;

(b) delivery by common carrier;

(5) Liquor delivered under subsection (3) or (4) must be delivered to a premises where it may be lawfully kept or received, and the delivery must be accepted by a person who is 19 years old or older.

(6) A manufacturer operating a distillery or winery and also operating a licensed premises who purchases a blended and bottled liquor product for delivery under subsection (3) must do so in a separate transaction from any sale made under the license.

Permits

Classes of permits

22 (1) The following are the classes of permits that may be issued to a manufacturer who has 1 or more plant sites in the Province:

(a) brewery;

(b) distillery;

(d) farm winery;

(e) non-grape winery;

(f) non-grape farm winery;

(g) off-site store;

(h) hospitality room.

(2) The following are the classes of non-manufacturing permits that may be issued:

(a) physician and dentist;

(b) nursing home;

(d) pharmacist and naturopath;

(e) mechanical and scientific;

(f) hospital;

(g) sacramental wine;

(h) the North Atlantic Treaty Organization;

(i) warehouse;

(j) tasting;

(k) agency store;

(l) private wine and specialty store;

(m) gift basket;

(n) subscription;

(o) a permit for a purpose that the Corporation considers expedient and is in keeping with the spirit and intent of the Act and these regulations.

(3) The Corporation may prescribe policies for a class of permit.

Corporation hosting events without permit

23 The Corporation may host events to promote the beverage alcohol industry in the Province where liquor is served and no permit is required.

Application for permit

24 (1) To apply for a permit, an applicant must do all of the following:

(a) submit a completed permit application in the prescribed form;

(b) pay the application fees prescribed by the Corporation;

(c) file with the Corporation a copy of all documents and information required by the Corporation to process the application.

(2) Before being issued a permit, an applicant must satisfy the Corporation that all requirements prescribed by the Corporation for the permit have been or will be complied with.

Corporation issuing permit

25 (1) Any of the following may be issued a permit under the Act and these regulations:

(a) a person who is 19 years old or older and is of good character and reputation;

(b) a partnership registered in the Province whose partners and the manager in charge of the premises for which the permit is required meet the criteria in clause (a);

(c) a company authorized to carry on business in the Province whose officer, agent and the manager in charge of the premises for which the permit is required meets the criteria in clause (a);

(d) members of the diplomatic corps for special functions, in accordance with the Corporation’s policies.

(2) In addition to being non-transferable under Section 58 of the Act, a permit is only for the premises or part of the premises specified in the permit.

(3) Despite these regulations, the Corporation is not required to do any act or issue any permit or other authorization to any person.

Conditions on permits

26 (1) The Corporation may impose any conditions it considers necessary on a permit or the renewal of a permit.

(2) If any of the conditions imposed on a permit are not met, the Corporation may refuse to issue, suspend or revoke the permit.

(3) The Corporation must give a permit holder reasonable time to comply with any conditions placed on their permit.

Corporation cancelling or revoking permit

27 (1) If a permit holder is not in compliance with the Act, these regulations or the Corporation’s policies, the Corporation may suspend, revoke or alter the terms of the permit.

(2) When cancelling or suspending the permit of a brewer, distiller or vintner under Section 64 of the Act, the Corporation must give notice in writing of the cancellation or suspension and include in the notice the reasons for the cancellation or suspension.

Persons authorized to issue permits

28 (1) A person authorized by the Corporation under the Act to issue permits must do so in accordance with the instructions issued by the Corporation, including any instructions issued by the Corporation relating to the accounting for money received by the person for or on behalf of the Corporation.

(2) A special permit under clause 56(2)(a) or (b) of the Act may not be issued unless the permit is signed by the President or acting president, or by a person authorized by the President or acting president.

Duties of permit holders

29 A permit holder must do all of the following:

(a) keep any records that the Corporation requires;

(b) provide the Corporation with any information and records the Corporation requires to satisfy the Corporation that the permit holder is complying with the Act, these regulations and the Corporation’s policies;

(c) permit an employee of the Corporation or the Corporation’s appointee to enter its premises to ensure that the permit holder is complying with the Act, these regulations, and the Corporation’s policies;

(d) prominently display the permit and other notices required by the Corporation in the premises at all times;

(e) ensure that a properly qualified individual who is designated as being in charge of the premises is present at all times when the premises are being operated;

(f) when a permit is suspended or cancelled, return the permit on demand to the Corporation or an employee of the Corporation referred to in Section 14;

(g) abide by all standards and conditions set by the Corporation respecting the operation of the premises;

(h) comply with all terms and conditions of the permit.

Prohibited actions by permit holders

30 A permit holder, or their employee, servant or agent, must not do any of the following:

(a) permit liquor to be removed from the premises, except as permitted by the Corporation;

(b) permit liquor to be consumed on the premises, except as allowed by the Act or these regulations;

(c) permit a person who is, or appears to be, under the influence of liquor to be on the premises or to remain on the premises;

(d) permit liquor to be served to a person who is, or appears to be, disorderly or under the influence of liquor.

Renewal of permit

31 (1) To renew a permit, a permit holder may apply to the Corporation during the period prescribed by the Corporation and must do all of the following:

(a) submit a completed renewal application in the prescribed form and pay the fees prescribed by the Corporation by the a date determined by the Corporation;

(b) provide any information that the Corporation requires to process the application.

(2) The Corporation may renew a permit after receiving a renewal application and information required under subsection (1).

(3) The Corporation may reinstate an expired permit if the permit holder does all of the following:

(a) appeals to the Corporation no later than 30 days after the date the permit expired;

(b) pays the prescribed fees.

(4) After holding a hearing that the permit holder is given notice to attend, the Corporation may refuse to renew a permit.

Transfer of permit

32 (1) A permit must not be transferred without obtaining the consent of the Corporation in advance.

(2) The Corporation may allow the transfer of a permit only if the applicant does all of the following:

(a) files the prescribed application;

(b) pays the fee prescribed by the Corporation;

(d) submits to the Corporation any further information the Corporation may require.

(3) The Corporation may allow the transfer of a permit with conditions and may revoke the authorization to transfer if the permit holder fails to comply with any of the conditions.

Transfer of permit holder’s shares

33 (1) If the transfer of a corporate permit holder’s shares results in a change of control of the permit holder, the permit holder must notify the Corporation in writing of all of the following changes no later than 30 days after the date of the transfer:

(a) the names of the company’s officers, directors and shareholders;

(b) the number of shares held by each shareholder.

(2) If 20% or more of a corporate permit holder’s shares are transferred from 1 person to another person, the corporate permit holder must notify the Corporation of the transfer and provide any documentation the Corporation requests.

Continuation of permit for use by trustee or receiver

34 (1) A receiver or trustee in bankruptcy or liquidation appointed by statute or by a Court may apply to the Corporation to continue using a permit to allow for the orderly disposition of stock on hand and the Corporation may approve the continuance of the permit for no longer than 6 months.

(2) An appointed receiver-manager must apply to the Corporation and the Corporation may allow the premises to continue being operated under the existing permit for no longer than 6 months.

Disposal of liquor by public trustee

35 (1) All liquor taken by the public trustee in the administration of an estate must be destroyed other than full and sealed containers of liquor, which may be held and disposed of for the benefit of the estate.

(2) The Corporation must determine the method of disposal and all revenue from the sale of the liquor under subsection (1), less the Corporation’s administrative costs, that must be forwarded to the public trustee for credit to the estate.

Registered Representatives

Registration required for manufacturer’s representatives

36 (1) A manufacturer who does not have a plant site in the Province must not directly or indirectly employ or engage a person to act as its representative unless the person is registered with the Corporation as a representative of the manufacturer.

(2) A person must not directly or indirectly hold out to be or act as a representative of a manufacturer unless the person is registered with the Corporation as a representative of the manufacturer.

Responsibilities of registered representatives

37 A registered representative must do all of the following:

(a) carry their registration card whenever engaging in business activity;

(b) engage only in activities in relation to their duties as the Corporation permits;

(d) comply with the Act and these regulations.

Application for registration

38 (1) To apply for registration as a manufacturer’s representative, an applicant must do all of the following:

(a) submit a completed application in the prescribed form;

(b) pay the fee prescribed by the Corporation;

(d) provide proof to the Corporation that the applicant meets the requirements of subsection (2).

(2) An applicant for registration as a representative must be 19 years old or older and of good character and reputation.

(3) To renew their registration, a registered representative must apply to the Corporation during the period prescribed by the Corporation by submitting the form and the fee required by the Corporation.

Gifts and inducements

39 (1) Except as provided in subsection (2), the restrictions contained in the Act, these regulations and the Criminal Code (Canada) respecting gifts apply with the necessary changes in detail to liquor manufacturers and registered representatives doing business with the Corporation.

(2) A registered representative may make a gift of liquor for promotional purposes in accordance with terms and conditions prescribed by the Corporation.

Granting of registration

40 (1) Registration as a representative is not transferable and is only for the benefit of the person named in the registration for the period specified on the permit.

(2) The Corporation may impose conditions on a representative’s registration and if any of the conditions are not fulfilled by the representative, the Corporation may refuse to issue or suspend or cancel the registration.

(3) The Corporation may determine the number of representatives a manufacturer may have and is not required to grant registration to a person.

Manufacturers

Permit required to operate

41 To operate a brewery, distillery, winery, farm winery, non-grape winery or non-grape farm winery in the Province, a manufacturer must have a valid permit.

Manufacturer’s retail stores

42 (1) A manufacturer who holds a class of permit listed in clauses 22(1)(a) to (c) may operate 1 manufacturer’s retail store at each of their plant sites in the Province, if the manufacturer notifies the Corporation at 1 of the following times that they intend to operate a manufacturer’s retail store:

(a) when they apply for their permit;

(b) at a later time, with the approval of the Corporation.

(2) A manufacturer who holds a farm winery permit may operate 1 manufacturer’s retail store at each of their plant sites, if the site for the manufacturer’s retail store meets all of the following conditions:

(a) the store site is owned or leased by the same manufacturer;

(b) the manufacturer’s acreage is certified under the Nova Scotia Wine Standards Regulations made under the Agriculture and Marketing Act;

(d) the store site is either

(i) within 500 m of the acreage or plant site, or

(ii) within a reasonable distance from the acreage or the plant site that is approved by the Corporation on the recommendation of the Minister of Agriculture.

(3) A manufacturer may sell or provide samples of its product at its manufacturer’s retail store only if the liquor is manufactured or blended and bottled in 1 of the following ways:

(a) at 1 of the manufacturer’s plant sites located in the Province;

(b) under a collaborative manufacturing arrangement with the manufacturer;

(4) Liquor sold at a manufacturer’s retail store that was manufactured or blended and bottled at a different plant site of the same manufacturer must not exceed the percentage of total sales at the manufacturer’s retail store that is set in the Corporation’s policies.

(5) A manufacturer’s retail store must be owned or leased and operated by the manufacturer.

Off-site stores

43 (1) A manufacturer who operates a manufacturer’s retail store may apply for an off-site store permit.

(2) An off-site store permit authorizes the permit holder to distribute samples of their product and sell their product in approved, unopened containers at the event specified in the application.

(3) An event for which an off-site store permit may be granted must meet all of the following conditions:

(a) it promotes 1 or more of the following:

(i) the Nova Scotia tourism industry,

(ii) the Nova Scotia agricultural industry,

(iii) the Nova Scotia food and beverage industry,

(iv) local economic development approved by the Corporation;

(b) it is 5 days or shorter in duration, unless the Corporation gives prior written approval for a longer duration.

Hospitality rooms

44 (1) A manufacturer who holds a class of permit listed in clauses 22(1)(a) to (f) may apply to the Corporation for a hospitality room permit.

(2) A hospitality permit authorizes the permit holder to operate a hospitality room.

Retail sales mark-up allocation

45 (1) All liquor provided by a permit holder in any of the following ways is deemed to be purchased from the Corporation for an amount equal to the retail sales mark-up allocation or similar charge that is calculated in accordance with the terms and conditions of the permit:

(a) by sale directly to a licensee or the holder of a private wine and specialty store permit;

(b) by sale at a manufacturer’s retail store;

(d) by sale or sample at an off-site store;

(e) by sale or sample at a hospitality room.

(2) A permit holder must remit the retail sales mark-up allocation or similar charge to the Corporation in accordance with subsection (1) and the terms and conditions of the applicable permit or the Corporation’s policies.

Warehouse retail stores

46 (1) A brewer, distiller or vintner who meets all of the following criteria may apply for a permit to operate a warehouse retail store for the on-premises sale of liquor:

(a) they operate a functional warehouse facility in the Province;

(b) the warehouse facility has a minimum annual sales volume of 1 million equivalent 12-pack cases within the Province.

(2) A warehouse retail store must be attached to a warehouse facility and operated by the same brewer, distiller or vintner who operates the warehouse facility.

(3) A separate permit is required for each warehouse retail store.

(4) Only liquor that is manufactured or blended and bottled by the operator of a warehouse retail store may be sold at the warehouse retail store.

(5) The Corporation may consider a person who has held a warehouse retail permit for at least 10 consecutive years to be eligible for a warehouse retail permit whether or not they meet the requirements of this Section at the time the permit is issued.

Collaborative manufacturing arrangements

47 (1) A manufacturer may enter into a collaborative manufacturing arrangement with 1 or more other manufacturers, if both of the following conditions are met:

(a) each manufacturer holds a permit;

(b) the Corporation has given prior written approval for the arrangement.

(2) The parties to a collaborative manufacturing arrangement must agree on a percentage allocation to determine the amount, by volume, of the collaborative liquor product that will be included in each party’s annual global production, so that the total amount allocated to all parties to the collaborative manufacturing arrangement is 100%.

Contract manufacturing arrangements

48 (1) A manufacturer may enter into a contract manufacturing arrangement with another manufacturer, if both of the following conditions are met:

(a) each manufacturer holds a permit;

(b) the Corporation has given prior written approval for the arrangement.

(2) A hiring manufacturer must include in its annual global production the amount, by volume, of its contracted liquor product for the year.

(3) For a manufacturer who is engaged in 1 or more contract manufacturing arrangements as a hiring manufacturer, at least 50% of the manufacturer’s annual global production must be attributable to liquor product manufactured at its own plant site.

Manufacturers’ prohibitions

49 (1) Unless authorized by the Corporation, a manufacturer is not permitted to own, rent, lease or operate a licensed premises.

(2) A manufacturer must not purchase liquor for resale directly from manufacturers outside of the Province.

(3) A manufacturer must meet all of the following conditions to be eligible for a permit:

(a) they package their products in suitable, approved containers;

(b) they have an established, proper delivery system for their products.

(4) During any period or on any day the Corporation directs, a manufacturer must not sell or deliver liquor from the premises of their manufacturer’s retail store, hospitality room, off-site store or warehouse retail store, and the premises must not be kept open for the sale of liquor.

Employees and managers

50 (1) All manufacturers’ employees who handle or sell liquor must be 19 years old or older.

(2) A manager of a manufacturer’s retail store, hospitality room, off-site store or warehouse retail store must supervise and regulate the operation of the premises under their charge in an efficient and orderly manner and to comply with all instructions issued by the Corporation.

Beer or wine making for personal use

51 (1) A person may only make beer or wine for personal use at their residential premises or at a ferment-on-premises facility licensed under the Ferment-on-Premises Regulations.

(2) Except as provided in subsection (3) or as authorized under the Ferment-on-Premises Regulations, a person must not, for remuneration or other consideration, assist or participate in making beer or wine with another person for the personal use of the other person.

(3) A person may receive remuneration for the sale of books, pamphlets or other information or for the sale of ingredients for the making of wine or beer.

Advertising and Promotion

Advertising and promotion policy

52 (1) The Corporation must establish a policy setting out criteria that advertisements and promotions must meet.

(2) A person must not advertise or promote liquor or its sale or consumption except as authorized under these regulations or in accordance with the Corporation’s policy.

Brand advertising

53 (1) A manufacturer may advertise a brand or product only by

(a) referring to any of the following:

(i) trademarks,

(ii) brand names,

(iii) container labels,

(iv) established slogans,

(v) recipes,

(vi) any references in addition to those in subclauses (i) to (v) that the Corporation approves; and

(b) using words to describe the merits of the brand or product.

(2) Brand advertising may be designed to draw attention to 1 or more brands of liquor by using language to describe the brand or product, but must not promote the general use and consumption of liquor.

Permitted sponsorships, giveaways and donations

54 (1) A manufacturer may do any of the following in accordance with the Corporation’s policy:

(a) distribute a novelty or point-of-sale article or sponsor a giveaway program;

(b) distribute pamphlets or brochures;

(d) donate trophies and prizes with the manufacturer’s name engraved or otherwise shown on them.

(2) A manufacturer may donate money for scholarships, bursaries, fellowships and any other educational incentive or benefit program.

Manufacturers may advertise in authorized media

55 A manufacturer may advertise only in the specified print and media form that is authorized in the Corporation’s policy.

Advertising on motor vehicles

56 (1) A manufacturer must not display any form of advertising, other than its corporate or brand name, on a motor vehicle unless authorized by the Corporation.

(2) A manufacturer may use a community service vehicle that displays its corporate name.

Public service advertising

57 Public service advertising must meet all of the following criteria:

(a) in the Corporation’s opinion, it supports a worthwhile cause and is not solely a sales campaign;

(b) it refers to the advertiser or its product only by its company name or brand name with a slogan, but without describing the product.

Radio and television advertising

58 In addition to the requirements for advertising under the regulations of the CRTC, an advertisement by a manufacturer on radio or television is restricted to the following:

(a) brand advertising, in accordance with Section 53;

(b) public service advertising, in accordance with Section 57;

Advertising restrictions

59 An advertisement must not do any of the following:

(a) contain a personal endorsement of liquor unless the endorsement is approved by the Corporation;

(b) convey the impression that consuming liquor is necessary or helpful in obtaining social prestige, business success, popularity or escape from personal problems;

(d) indicate that liquor may be consumed in any way, manner or place prohibited by federal, provincial or municipal law;

(e) make a claim, directly or indirectly, that implies or attributes to liquor, either alone or as a mixture, any healthful, nutritive, dietary, curative, sedative or stimulative quality or properties;

(f) portray drinking-party scenes that show immoderate or extreme use of liquor;

(g) refer in any way to persons who may be under 19 years old;

(h) state liquor prices without the Corporation’s approval and without complying with the Corporation’s policy.

Advertising signs

60 A person must not use a sign advertising liquor unless the sign is in accordance with the Corporation’s policy.

Legislative History
Reference Tables

Nova Scotia Liquor Corporation Regulations	N.S. Reg. 77/2023
Liquor Control Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Nova Scotia Liquor Corporation Regulations made under the Liquor Control Act includes all of the following regulations:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
77/2023	May 9, 2023	date specified	May 19, 2023

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
..........................................................

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

	Note	Effective date

Repealed and Superseded

N.S. Regulation	Title	In force date	Repealed date

22/1991	Nova Scotia Liquor Corporation Regulations	Mar 1, 1991	May 9, 2023

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.