UNEDITED The Liquor Act
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FOR HISTORICAL REFERENCE ONLY FOR HISTORICAL REFERENCE ONLY The Liquor Act being Chapter 348 of The Revised Statutes of Saskatchewan, 1953 (effective February 1, 1954). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. UNEDITED
Transcript of UNEDITED The Liquor Act
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The Liquor Act
being
Chapter 348 of The Revised Statutes of Saskatchewan, 1953(effective February 1, 1954).
NOTE:This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
UNEDITED
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SHORT TITLE
1 Short title
INTERPRETATION
2 Interpretation
PART I
Organization and Administration
LIQUOR BOARD AND ITS POWERS
3 Liquor board
4 Appointment and salaries
5 Tenure of office and vacancies
6 Chairman
7 Absence of chairman
8 Where only one member
9 Bonds
10 Head office
11 Powers of board
12 Power to act as territorial liquor agent
13 Regulations
14 Not to be interested in liquor
ESTABLISHMENT OF LIQUOR STORES
15 Establishment of stores
16 Notice of intention to establish store
17 Petition against establishment
18 If no petition or if vote favourable
19 Petition to close store
20 Signatures and attestation
21 Time of voting
22 No petition for two years
23 No petition for two years
24 Restriction on establishment or continuance of store
25 Establishment of store after discontinuance
26 Power to close store
PART II
Regulation of Sale and Consumption
CONDUCT OF STORES
27 Vendors
28 Quantity to be sold
29 Sealing of packages
30 Sales to be for cash
31 Consumption on store premises
32 Days and hours for sale
33 Sale of liquor to holder of permit
34 List of convictions
PERMITS
35 Classes of permits
36 Issue of permits
37 Refusal, cancellation and suspension
38 Expiration
PHYSICIANS AND DRUGGISTS
39 Restriction on issue of permit
40 Applications
41 Liquors kept by physicians
42 Prescriptions
43 Restrictions on sale by physician
44 Records
45 Limit of sales by physicians
46 Limit of amount prescribed
47 Excessive number of prescriptions
48 Sales for medicinal purposes only
49 Sales on prescriptions only
50 Druggists’ records
51 Druggists’ lists
52 Limit of sales by druggists
53 Amount kept by druggist
54 Liquor for compounding purposes
55 Mixtures and compounds
56 Sales by druggist in person or by appointed
DENTISTS, VETERINARIES AND OTHERS
57 Dentists
58 Veterinaries
59 Manufacturers
60 Hospitals
61 Educational institutions
PURCHASE UNDER PERMITS
62 Liquor to be purchased from board
63 Approval or rejection
64 Regulations
BANQUETS
65 Permit for banquet
APPLICATION OF ACT
66 Exceptions
67 Records of sales
68 Examination of books
69 Inspection of premises
PROPRIETARY AND PATENT MEDICINES
70 Conditions governing sales
Table of Contents
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71 Certain tinctures, medicines, perfumes, etc.
72 Use of certain products as beverages an offence
73 Sale of alcoholic compounds prohibited
74 Colourable sales
PART III
Prohibitions, Offences and Penalties
ILLEGAL SALE, PURCHASE AND CONSUMPTION
75 Illegal sale, etc.
76 Sale of unsealed packages
77 Sales during prohibited hours
78 Certain sales forbidden
79 Penalty in case of purchase by minor
80 Sales, etc., to convicted person
81 Offences by vendor, assistant clerk or other employee
82 Bribing employees
83 Board not to solicit gifts
84 Frauds in respect of seal or label
85 Opening sealed packages
86 Opening packages on store premises
87 Purchase under another name or address
88 Illegal purchase
89 Excessive purchases
90 Excessive giving
91 Keeping liquor with soft drinks
92 Sales of malt liquor forbidden
93 Penalty
94 Where liquor may be kept, consumed or given
95 Consumption of liquor in hotel
96 Liquor which may be consumed
97 Necessity for official seal
PHYSICIANS AND DRUGGISTS
98 Fraudulent prescriptions
99 Fraud in obtaining prescriptions
100 Failure to forward lists
101 False statements
COMMON CARRIERS
102 Delivery to other than consignee
103 Delivery to fictitious consignee
104 Inspection of records
105 Records of deliveries
CANVASSING, ADVERTISING AND LABELLING
106 Prohibitions
107 Labels, etc., for beer or malt liquor
GENERAL PROVISIONS AS TO OFFENCES
108 Certain acts declared offences
109 Violation of Act or regulations creates offence
110 Avoiding arrest
111 Bribery of officers
112 General penalty
113 When municipalities receive fines
PART IV
Procedure
POWERS OF OFFICERS
114 Arrest without warrant
115 Right of search and seizure
116 Search warrant
117 Seizure
118 Power to demand names, etc.
119 General authority to enter and search
120 Powers regarding liquors in transit
121 Power to search without warrant
122 Forfeiture of liquor on conviction
123 Claims to liquor seized
124 Adjudications
125 Disposition of liquor
126 Forfeiture
127 No property in liquor seized
128 Liquor shipped in fictitious name, evidence of intention to sell unlawfully
129 Disposal of liquor forfeited
130 Invoice forwarded
PROSECUTIONS
131 Institution
132 Description of offence
133 Burden of proof
134 Amendment of information
135 Describing offences in information
136 Criminal Code to apply
137 Proof of previous convictions
138 Conviction for several offences
139 Maximum penalty
140 Notice of conviction
APPEALS AND CERTIORARI
141 Appeals
142 Appeal by stated case
143 Appeal by stated case 144 Affidavit of merits on certiorari
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145 Where less than minimum penalty imposed
146 Conviction not void through defects in form
147 Applications to quash conviction
148 Powers of court or judge
149 Remitting the case to justice
150 Saving operation of the Code
151 Notice of motion to quash
EVIDENCE
152 Certificate of analyst
153 Appliances of liquor trade
154 Proof of contravention
155 Precise description unnecessary
156 Proof of unlawful keeping for sale
INTERDICTION
157 Interdiction
158 Notice
159 Supplying interdict with liquor
160 Interdict obtaining liquor
161 Examination of interdict
162 Power to set aside interdiction
PART V
Submission to Electors
VOTES TO BE TAKEN BY MUNICIPALITIES
163 Persons entitled to vote
164 Majority to decide
165 Issue of writ
166 Forwarding of writ
167 Cote at time other than election time
168 Voting on municipal election day
169 Returning officer
170 Notice to be published
171 Municipal Acts to govern
172 Voting by ballot and form of ballot
173 Preparation of ballots
174 Directions for guidance of voters
175 Posting directions
176 Where no returning officer
177 Bible
178 Oath of office and secrecy
179 Oath of agent
THE POLL
180 Oath of voter
181 Record of votes
182 Persons refusing to swear
183 Appointment of agents
184 Declaration by agents
185 Agents to produce appointments
186 Electors may act as agents in certain cases
187 Provisions of municipal Acts to apply
PROCEDURE ON CLOSE OF POLL
188 Scrutiny conducted by deputy returning officer
189 Procedure at scrutiny
190 Ballots and statement sent to returning officer
191 Copy statement furnished to agents
192 Spoiled ballots
193 Returning officer to endorse and transmit writ to Executive Council
194 Statement of voting’ to be published in Gazette
RECOUNT
195 Application for recount
196 Lieutenant Governor in Council to decide
197 Lieutenant Governor in Council to decide
ANNULLING A VOTE
198 Annulling a vote
CUSTODY OF VOTING PAPERS
199 Duties of Clerk of Executive Council
GIVING EFFECT TO THE VOTE
200 Store to be closed within sixty days after affirmative vote
201 Establishment of store
202 Warehouses, bottling plant, etc.
203 Board’s decision final
OFFENCES AND PENALTIES
204 Municipal clerks
205 One vote only
206 Controverted Municipal Elections Act
PART VI
Property, Accounts and Finance
PROPERTY
207 Property to belong to province
LOANS .AND ADVANCE
208 Loans
209 Bank account
210 Regulations
211 Charges against profits
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212 Disposition of profits
213 Annual statement
INSURANCE AND BONDS
214 Insurance
215 Bonding of officials
GENERAL POWER TO MAKE REGULATIONS
216 Treasury Board regulations
PART VII
Miscellaneous Provisions
217 Forms
218 Oaths to be taken by board and employees
219 Ballots to be destroyed
220 Delivery of liquor to and from store
221 Sacramental wines
222 General intent of Act
223 Annual report
PART VIII
Licences
HOTEL LICENCES
224 Interpretation
225 Classes of licences
226 Notice of intended application for licence
227 Petition for the granting of a licence
228 Petition against licences, and issue of writ for vote of electors
229 Signatures to petition and attestation
230 Writ forwarded to returning officer
231 Vote where status of town or village reduced after petition presented
232 Procedure for taking vote
233 Regulations and form
234 No licences until vote taken, if petition received
235 No licences if adverse vote
236 Issue of licences if no petition or if vote favourable
237 Subsequent submission to electors
238 Subsequent submission to electors
239 Subsequent applications for and petitions against licences
240 Continuation of licences until expiry
241 Voting procedure
242 Application for licence
243 Application in respect of proposed new premises
244 Applications by certain persons prohibited
245 Restrictions governing issue of licence
246 No licence if brewer interested
247 Issue of licence
248 Fees for licence
249 Discretion of board to grant, suspend and cancel licence
250 Posting of licence
251 Period of licence
252 Licence where premises destroyed
253 Non-transferability of licence
254 Sale of foodstuffs, etc., in licensed premises
255 Conditions affecting licences
256 Radio in licensed premises
257 Sales for cash only
258 Permit to serve beer to women
259 Sales for consumption off the premises
260 Hours of sale
261 Days of sale
262 Power to close stores where licences issued
263 Licences in northern areas
264 Supplying beer to persons refused by licensees, etc.
CLUB LICENCES
265 Application for and issue of licence
266 Restrictions governing issue of licence
267 Fees for licences
268 Discretion of board to grant, cancel or suspend licences
269 Period of licence
270 Non-transferability of licence
271 Conditions affecting licences
272 Posting of licence
273 Unlicensed club a public place
274 Persons to whom sales may be made
CANTEEN LICENCES
275 Power of board to issue
BREWERS
276 Brewer’s permit
277 Period of permit
278 Discretion of board to grant, cancel or suspend permit
279 Returns
280 Furnishing of samples to board
SUMMER RESORTS
281 Discretionary powers of board
SCHEDULES
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CHAPTER 348
An Act to provide for the Regulation and Sale of Alcoholic Liquors
SHORT TITLE
Short title
1 This Act may be cited as The Liquor Act.R.S.S. 1953, c.348, s.1.
INTERPRETATION
Interpretation
2 In this Act:
“beer”
1 “beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops or of any other similar products in drinkable water and not containing more than four per cent of alcohol by weight;
“board”
2 “board” means the Liquor Board mentioned in section 3;
“club”
3 “club” means any association of persons, incorporated or unincorporated, organized or carried on for the purpose of mutual entertainment or convenience and includes the premises occupied or used for any such purpose except officers’ messes in barracks of the Royal Canadian Mounted Police;
“dentist”
4 “dentist” means a person licensed to practise under The Dental Profession Act, who is lawfully and regularly engaged in the practice of his profession;
“druggist”
5 “druggist” means a pharmaceutical chemist duly licensed under The Pharmacy Act, who is lawfully and regularly engaged in carrying on the business of a pharmaceutical chemist;
“elector”
6 “elector” means a person entitled to vote for the election of members of the council of a municipality and actually resident in the municipality;
“hotel”
7 “hotel” means a place established and operated as a business which provides, for a consideration, sleeping accommodation and attendant services for the public, but does not include a boarding house, rooming house, motel, motor court, tourist camp or any place of a like nature.
“interdicted person”
8 “interdicted person” means a person who is prohibited from having or consuming liquor by an order under this Act;
“justice”
9 “justice” a justice of the peace, and includes two or more justices, if two or more justices act or have jurisdiction, and also a police magistrate, a justice of the peace who is an officer of the Royal Canadian Mounted Police, or any person having the powers or authority of two or more justices of the peace;
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“liquor”
10 “liquor” means every spirituous and every fermented and every malt liquor, and every wine, and any and every combination of liquors and drinks or preparations or mixtures capable of human consumption, which is intoxicating, and any mixed liquor or liquid capable of being used as a beverage and part of which is spirituous or otherwise intoxicating;
any liquor which contains more than 1.18 per cent by weight of alcohol shall be conclusively deemed to be intoxicating;
“malt liquor”
11 “malt liquor” means any beverage, other than beer, obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops in drinkable water,
“member of a club”
12 “member of a club’’ means a person who, whether as a charter member or admitted in accordance with the bylaws or rules of a club, has become a member thereof, who maintains his membership by payment of his regular periodic dues in the manner provided by such bylaws or rules and whose name and address are entered on the list of members supplied to the board at the time of the application for a club licence under this Act, or, if admitted thereafter, forthwith after his admission, and includes any person who is for the time being a visitor to a club and has been registered and admitted according to the bylaws or rules of the club and in conformity with the regulations;
“municipality”
13 “municipality” means a city, town or village and “municipal” has a corresponding meaning;
“municipal clerk” or “clerk”
14 “municipal clerk” or “clerk” means the clerk of a city or town or the secretary treasurer of a village;
“officer”
15 “officer” means an inspector, police officer, policeman, constable or enforcement officer and includes any other person who may be appointed by the board or other lawful authority for the purpose of enforcing the provisions of this Act;
“package”
16 “package” means a bottle, jug, jar, keg, cask, barrel or other container or receptacle used for holding liquor;
“permit”
17 “permit” means a permit for the sale or use of liquor in professional practice or otherwise;
“physician”
18 “physician” means a legally qualified medical practitioner who is lawfully and regularly engaged in the practice of his profession;
“prescription”
19 “prescription” means a memorandum in writing containing the name and address of the physician by whom it is the name and address of the person to whom it is given, the nature and quantity of liquor prescribed, the date upon which the prescription is written, and directions for use of the liquor so prescribed;
“public place”
20 “public place” includes any place, building or conveyance to which the public has or is permitted to have access and any place of public resort;
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“quart”
21 “quart” means a unit of measurement, containing forty fluid ounces;
“restaurant”
22 “restaurant” includes every building or part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public;
“sale” and “sell”
23 “sale” and “sell” include exchange, barter and traffic; and also include the selling or supplying or distributing, by any means whatever, of liquor or of any liquid known or described as beer or near-beer, or by any name whatever commonly used to describe malt or brewed liquor, by any partnership or by any society, association or club, whether incorporated or unincorporated, and whether heretofore or hereafter formed or incorporated, to any partnership, society, association or club or to any member thereof;
“store”
24 “store’’ means a store established this Act for the sale of liquor;
“vendor”
25 “vendor’’ means the manager of a store;
“veterinary”
26 “veterinary” means a person duly licensed under The Veterinary Association Act, and who is lawfully and regularly engaged in the practice of his profession.
R.S.S. 1940, c.279, s.2;1947, c.96, s.2; 1953, c.106, s.2; R.S.S. 1953, c.348, s.2.
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PART I
Organization and Administration
LIQUOR BOARD AND ITS POWERS
Liquor board
3 There shall be a board to be known as the “Liquor Board” consisting of one, two or three members as may be determined from time to time by the Lieutenant Governor in Council with the powers and duties herein specified, and such board shall administer this Act.
R.S.S. 1940, c.279, s.3; R.S.S. 1953, c.348, s.3.
Appointment and salaries
4(1) The Lieutenant Governor in Council shall:
(a) appoint the member or members of the board;
(b) specify what number of members shall constitute a quorum; and
(c) fix the salaries of members.
(2) The members shall devote their whole time to the duties of their office.
R.S.S. 1940, c.279, s.4; R.S.S. 1953, c.348, s.4.
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Tenure of office and vacancies
5(1) Every member of the board shall hold office during pleasure, and the Lieutenant Governor in Council may fill any vacancy occurring therein; provided that no vacancy in the membership of the board shall impair the right of the remaining member or members to act.
(2) In case of the absence of a member of the board or his inability to act, the remaining members or member shall exercise the powers of the board.
R.S.S. 1940, c.279, s.5; R.S.S. 1953, c.348, s.5.
Chairman
6 The Lieutenant Governor in Council shall designate one of the members of the board to be chairman. If there is only one member of the board he shall be the chairman for the purposes of this Act.
R.S.S. 1940, c.279, s.6; R.S.S. 1953, c.348, s.6.
Absence of chairman
7(1) In the absence of the chairman, all permits and other documents may be signed by any one member, and when so signed shall have the same effect as if signed by the chairman.
(2) When it appears that a member other than the chairman has acted for and in place of the chairman, it shall be conclusively presumed that he has so acted in the absence or disability of the chairman.
R.S.S. 1940, c.279, s.7; R.S.S. 1953, c.348, s.7.
Where only one member
8 If there is only one member of the board, the Lieutenant Governor in Council may appoint some person to take the place of that member when absent for any cause, and the person so appointed shall, while acting, have all the powers, exercise all the functions and perform all the duties of the board and subsection (2) of section 7 shall apply to him accordingly.
R.S.S. 1940, c.279, s.8; R.S.S. 1953, c.348, s.8.
Bonds
9 The chairman and each member of the board shall give a bond, in such form as the Lieutenant Governor in Council may approve, for the due performance of the duties of his office.
R.S.S. 1940, c.279, s.9; R.S.S. 1953, c.348, s.9.
Head office
10 The head office of the board shall be at the city of Regina.R.S.S. 1940, c.279, s.10; R.S.S. 1953, c.348, s.10.
Powers of board
11 The board shall:
(a) have the general control, management and supervision of all stores;
(b) decide, within the limits and under the conditions imposed by this Act, the number and situation of the stores to be established in a municipality;
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(c) regulate the equipment and management of stores and warehouses in which liquor is kept or sold;
(d) buy, import, and have in its possession for sale, and sell, liquors, in the manner set forth in this Act and furnish stocks of liquors to stores;
(e) control the possession, sale and delivery of liquors in accordance with the provisions of this Act and the regulations;
(f) grant, refuse, suspend or cancel permits for the sale or use of liquor in professional practice or otherwise;
(g) purchase or lease any building or land required for the operation of this Act or construct any building so required and shall furnish and equip any building so required and may alter and renovate such building in such manner as the board deems necessary or advisable, provided that no such building or land shall be purchased and no such building constructed without the approval of the Lieutenant Governor in Council;
(h) subject to the approval of the Lieutenant Governor in Council, sell any building or land no longer required for the operation of this Act;
(i) buy or lease all plant and equipment it may consider necessary or useful in carrying into effect the objects and purposes of this Act;
(j) define the respective duties and powers of all employees, and obtain the services of experts and persons engaged in the practice of a profession, if deemed expedient;
(k) determine, subject to the provisions hereinafter contained, the nature, form and capacity of all packages to be used for containing liquor kept or sold under this Act;
(l) provide for the issue and distribution of price lists showing the price to be paid by purchasers for each class, variety or brand of liquor kept for sale under this Act, which prices shall be the same at all stores except those situated north of township 64 where such prices may be increased if the board in its discretion deems that additional costs of operation of stores so situated warrant an increase;
(m) grant, refuse, suspend or cancel licences under and in pursuance of this Act;
(n) generally do all things deemed necessary or advisable for carrying into effect the provisions of this Act and the regulations.
R.S.S. 1940, c.279, s.11; 1949, c.108, s.2; 1953, c.106, s.3; R.S.S. 1953, c.348, s.11.
Power to act as territorial liquor agent
12 The board may act as territorial liquor agent subject to its appointment as such by the Commissioner of the Northwest Territories pursuant to the Territorial Liquor Ordinance, and may exercise the powers and perform the duties conferred or imposed upon the territorial liquor agent by the said Ordinance and the regulations thereunder.
1953, c.106, s.4; R.S.S. 1953, c.348, s.12.
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Regulations
13(1) The board may, with the approval of the Lieutenant Governor in Council, make such regulations, not inconsistent with this Act, as it deems necessary, for carrying out the provisions thereof and for its efficient administration. Such regulations shall be published in The Saskatchewan Gazette and, upon being so published, shall have the same force as if they formed a part of this Act, and the board may amend or repeal such regulations, subject to the like approval, notice of which amendment or repeal shall also be published in the Gazette.
(2) Without limiting the generality of subsection (1), such regulations may contain provisions:
(a) determining the classes, varieties and brands of liquor to be kept for sale at any store;
(b) prescribing, subject to this Act, the days and hours during which stores and hotels, clubs and canteens licensed to sell beer under this Act shall be kept open for the sale of liquor;
(c) prescribing an official seal to be attached to every package of liquor sold or sealed under this Act, or prescribing different official seals for different classes, varieties and brands of liquor and determining the manner in which the seal shall be attached to packages;
(d) prescribing forms to be used for the purposes of this Act or of the regulations and the terms and conditions in licences issued under this Act;
(e) providing for the issue of permits for the purchase of liquor, dividing such permits into classes, prescribing the qualifications of applicants therefor, chased under any class of permit, the duration of permits and the date of their expiry, and providing for their suspension or cancellation and for their renewal;
(f) prescribing, subject to the provisions of this Act, the kinds and quantities of liquor which may be purchased and sold or used under permits of any class;
(g) specifying and regulating the time and periods when, and the manner, methods and means by which, vendors and other authorized persons shall deliver liquor, and the times and periods when, and the manner, methods and means by which liquor may be lawfully conveyed or carried;
(h) prescribing the manner of giving and serving notices required by this Act or the regulations;
(i) prescribing the fees payable in respect of permits and licences issued under this Act for which no fees are herein prescribed, and prescribing the fees for anything done or permitted to be done under the regulations;
(j) prescribing penalties for violation of any of their own provisions;
(k) subject to this Act, prescribing the conditions and qualifications necessary for obtaining a hotel licence, the books and records to be kept and the returns to be made by licensees and the number of such licensed premises in any municipality, providing for the inspection of premises in respect of which licences are issued and governing the prices to be charged by licensees;
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(l) subject to this Act, prescribing any advertisement of the application for a club licences, if required by the board, the conditions and qualifications necessary for obtaining club licences, qualifications for membership in licensed clubs, the books and records to be kept and the returns to be made by licensed clubs, the number of licensed clubs in any municipality, and providing for the inspection of licensed clubs;
(m) subject to this Act, regulating the sale and consumption of beer in premises in respect of which licences are issued under this Act;
(n) subject to this Act, governing the location, construction, accommodation, operation, management and equipment of premises in respect of which licences are issued under this Act;
(o) authorizing and governing the issue of canteen licences;
(p) providing for the licensing and control of persons employed in premises in respect of “Which hotel licences are issued under this Act;
(q) governing the issue of brewers’ permits.R.S.S. 1940, c.270, s.13; 1945, c.102, s.2; R.S.S. 1953, c.348, s.13.
Not to be interested in liquor
14 No member or employee of the board shall be directly or indirectly interested or engaged in any business or undertaking dealing in liquor, whether as owner, part owner, partner, member of a syndicate, shareholder, agent or employee, and whether for his own benefit or in a fiduciary capacity for some other person.
R.S.S. 1940, c.279, s.14; R.S.S. 1953, c.348, s.14.
ESTABLISHMENT OF LIQUOR STORES
Establishment of stores
15(1) Subject to subsection (2) and subject to the approval of the Lieutenant Governor in Council, the board may establish in cities, towns and villages and in the area north of township 64, in accordance with the provisions of this Act and the regulations, stores for the sale of liquor.
(2) The total number of cities, towns and villages, together with places in that part of the province north of township 64, in which stores are in operation shall not at any time exceed seventy-five.
1953, c.106, s.6; R.S.S. 1953, c.348, s.15.
Notice of intention to establish store
16 When it is intended to establish a store in a municipality in which a store is not already in existence the board shall publish in the Gazette and in a newspaper or newspapers or circulating in the municipality, a notice (form A) of its intention to establish such store unless a petition against such establishment (form B) is received within from the date of the notice. A similar notice shall be sent to the clerk of the municipality.
1953, c.106, s.7; R.S.S. 1953, c.348, s.16.
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Petition against establishment
17 A petition against such establishment shall be signed by not less than twenty-five per cent of the persons whose names appear on the last revised voters’ list of the municipality.
1958, c.106, s.7; R.S.S. 1953, c.348, s.17.
If no petition or if vote favourable
18 If no such establishment is received within the time limited by section 16 the hoard may proceed to establish a store in the municipality. If a petition is received, no store shall be established until the has been submitted the electors in the manner hereinafter set forth. If the vote on the submission is favourable, the board may establish a store in accordance with the notice mentioned in section 16.
Petition to close store
19(1) After the establishment of a store its discontinuance may be demanded by a petition in form C.
(2) Every petition for the discontinuance of a store shall be signed as required by section 17 in the case of a petition against the establishment of a store.
1953, c.106, s.9; R.S.S. 1953, c.348, s.19.
Signatures and attestation
20(1) Every person who signs a petition shall sign in the presence of an attesting witness, and the signatures shall be proved by affidavit (form D).
(2) There shall be attached to every petition an affidavit by one of the signatories (form E) to the effect that the deponent has personally satisfied himself that the petition has been signed by at least the required number of duly qualified persons.
(3) A person who wilfully or knowingly signs a petition without possessing the qualifications of a petitioner, as required this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding $100.
R.S.S. 1940, c.279, s.21; R.S.S. 1953, c.348, s.20.
Time of voting
21 On presentation of a petition against the establishment of a store or for the discontinuance of a store the question may be submitted to the electors at any time of the year.
1953, c.106, s.10; R.S.S. 1953, c.348, s.21.
No petition for two years
22 When a store has been established no question for its discontinuance shall be submitted to the electors for a period of two years from the date of the notice of intention to establish it.
R.S.S. 1940, c.279, s.24; R.S.S. 1953, c.348, s.22.
No petition for two years
23 When a petition has been presented against the establishment or continuance of a store, and no store shall be continued in a municipality where a majority of the electors who voted on the question have noted in favour of discontinuance of the store.
1953, c.106, s.12; R.S.S. 1953, c.348, s.23.
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Restriction on establishment or continuance of store
24 No store shall be established in a municipality where a majority of the electors who voted on the question have voted against the establishment of a store, and no store shall be continued in a municipality where a majority of the electors who voted on the question have voted in favour of discontinuance of the store.
1953, c.106, s.12; R.S.S. 1953, c.348, s.24.
Establishment of store after discontinuance
25 When a store has been discontinued in a municipality as the result of a vote, the board shall not again establish a store in that municipality for a period of two years, and the proceedings to again establish a store in the municipality shall be in accordance with sections 16, 17 and 18.
1953, c.106, s.12; R.S.S. 1953, c.348, s.25.
Power to close store
26 The board may close a store if the receipts are not sufficient to warrant its continuance.
R.S.S. 1940, c.279, s.27; R.S.S. 1953, c.348, s.26.
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PART II
Regulation of Sale and Consumption
CONDUCT OF STORES
Vendors
27 The sale of liquor at each store shall be conducted by a person appointed under this Act, to be known as a “vendor”, who shall, under the directions of the board, be responsible for carrying out the Act and the regulation; as far as they relate to the conduct of such store and the sale of liquor thereat.
R.S.S. 1940, c.279, s.28; R.S.S. 1953, c.348, s.27.
Quantity to be sold
28(1) Except as provided by this Act, the quantity of liquor to be sold in any one day to one purchaser shall not be more than two gallons of beer or any other malt liquor, one gallon of wine and one quart of any other liquor.
(2) The board may, with the approval of the Lieutenant Governor in Council, make regulations:
(a) increasing the quantity of liquor that may be sold at any one time to any purchaser where the order for purchase is for an amount not exceeding twice the quantity named in subsection (1) and the conditions to which sales of increased quantities shall be subject;
(b) increasing the quantity of liquor that may he sold at any one time to any purchaser, to an amount not exceeding ten gallons of beer or other malt liquor, ten gallons of wine and two gallons of any other liquor, and in the case of a sale of such increased no further sale shall be made to the same person during the next following fourteen days.
R.S.S. 1940, c.279, s.29; 1946, c.93, s.2; R.S.S. 1953, c.348, s.28.
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Sealing of packages
29 No liquor shall be sold to a purchaser except in a package sealed with he official seal prescribed by this Act or the regulations, which package shall not be opened on the premises of a store.
1945, c.102, s.3; R.S.S. 1953, c.348, s.29.
Sales to be for cash
30 All liquors shall be sold for cash.R.S.S. 1940, c.279, s.31; R.S.S. 1953, c.348, s.30.
Consumption on store premises
31 No vendor, officer, clerk or servant of the board, employed in a store, shall allow liquor to be consumed on the store premises, nor shall any person consume liquor on such premises.
R.S.S. 1940, c.279, s.32; R.S.S. 1953, c.348, s.31.
Days and hours for sale
32 No sale or delivery of liquor shall be made on or from the premises of a store, nor shall any store be open for the sale of liquor:
(a) after the hour of eight o’clock in the afternoon of any day;
(b) on Sunday or on any holiday, provided that the Lieutenant Governor in council may by order provide that a specified day shall not be a holiday for the purpose of this section;
(c) on any day on which polling takes place at a Dominion or provincial election held in the electoral district in which the store is situated;
(d) on any day on which polling takes place at a municipal election held in the municipality in which the store is situated;
(e) on any day on which a vote is to be taken under the provisions of this Act in the municipality in which the store is situated;
(f) during such other periods and on such other days as the board may direct.
R.S.S. 1940, c.279, s.33; 1953, c.106, s.13; R.S.S. 1953, c.348, s.32.
Sale of liquor to holder of permit
33 A vendor may sell to any person, who is the holder of permit, such liquor as that person is entitled to purchase under his permit, in conformity with the provisions of this Act and the regulations.
R.S.S. 1940, c.279, s.34; R.S.S. 1953, c.348, s.33.
List of convictions
34 The General shall, forthwith upon receipt of a notice of the conviction of any person for an offence against section 75, 82, 84, 91, 92, 101 or 111, send notice thereof to the board and the board shall notify, in writing, the vendor of each store, in the locality in which the convicted person lives, or such conviction and each vendor shall enter particulars thereof in a record which he shall keep for that purpose.
R.S.S. 1940, c.279, s.35; 1953, c.106, s.14; R.S.S. 1953, c.348, s.34.
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PERMITS
Classes of permits
35 Upon application being made in the prescribed form to the board, accompanied by payment of the prescribed fee, if the board is satisfied that the applicant is entitled to a permit, the board shall issue to the applicant a permit of the class applied for, as follows:
(a) a permit to a druggist, physician, dentist or veterinary (form F), or to a person engaged within the province in mechanical or manufacturing business or in scientific pursuits requiring liquor for use therein (form G), entitling the applicant to sell or use liquor for the purpose named in the permit in accordance with its terms and provisions and the provisions of this Act and the regulations;
(b) a “special permit” in the prescribed form in any other case, when authorized by the regulations, entitling the applicant to use liquor for the purpose named in the permit, in accordance with its terms and the provisions of this Act and the regulations.
R.S.S. 1940, c.279, s.36; R.S.S. 1953, c.348, s.35.
Issue of permits
36 Every permit shall be issued in the name of the applicant and no permit shall be transferable nor shall the holder of a permit allow any other person to use the permit.
R.S.S. 1940, c.279, s.37; R.S.S. 1953, c.348, s.36.
Refusal, cancellation and suspension
37(1) The board may in its discretion refuse the issue of a permit and may cancel any permit, or suspend the same for any period of time deemed advisable.
(2) Every holder of a permit under clause (a) of section 35, whose permit has been cancelled or suspended shall forth with make a return to the board showing in separate detail:
(a) the kinds and quantities of all liquors which he had on hand at the date of the cancellation or suspension;
(b) the exact place or places where such liquor is stored; and
(c) the kinds and quantities of all liquors ordered by him for delivery but not received at the date of the cancellation or suspension, together with the dates of the orders and the name and address of each person from whom any of the liquor has been ordered.
(3) The return shall be certified as correct over the signature of the person making it and shall be forthwith sent to the board by registered mail.
(4) All liquor shown by the return shall be disposed of only on the order of the board.
(5) Failure to comply with the provisions of subsection (2) or (3), or the falsity of the return shall, in any proceeding against the person making it, be prima facie evidence that he is guilty of a violation of section 75.
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(6) If the permit of a druggist employed in a store belonging to another person is cancelled or suspended, the board may, in its discretion, refuse to grant a permit to, or cancel or suspend the permit of, any other druggist employed by such person, for such period as it may determine.
R.S.S. 1940, c.279, s.38; R.S.S. 1953, c.348, s.37.
Expiration
38 Unless sooner cancelled, every permit shall expire at midnight on the thirty-first day of December of the year in respect of which it was issued, except in the case of special permits issued under clause (7) of section 35 which shall expire in accordance with the terms contained therein.
R.S.S. 1940, c.279, s.39; R.S.S. 1953, c.348, s.38.
PHYSICIANS AND DRUGGISTS
Restriction on issue of permit
39 No permit to sell liquor shall be issued to a physician residing in a city, town or village where there is a druggist authorized to sell liquor.
R.S.S. 1940, c.279, s.40; R.S.S. 1953, c.348, s.39.
Applications
40 No permit shall be granted except upon the written application of a physician or druggist, and every application shall be accompanied by:
(a) a bond in form satisfactory to the Attorney General in the sum of $500, conditioned that neither the applicant nor anyone in his employ will purchase, sell or otherwise dispose of liquor in breach of the provisions of this Act or the regulations, or of any other Act of Saskatchewan from time to time in force governing the sale or other disposal of liquors;
(b) a recommendation (form H) signed by five reputable persons residing in the city, town or village where the applicant carries on business.
R.S.S. 1940, c.279, s.41; R.S.S. 1953, c.348, s.40.
Liquors kept by physicians
41(1) Every physician who receives a permit authorizing him to sell liquor may keep on hand and sell for medicinal purposes brandy and whisky only.
(2) No physician shall have on his premises for sale for medicinal purposes more than one quart of brandy and one quart of whisky.
(3) Every physician who receives a permit as herein provided may have on his premises, for use only in the practice of his profession, not more than one quart of liquor.
R.S.S. 1940, c.279, s.42; R.S.S. 1953, c.348, s.41.
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Prescriptions
42 Any physician who is lawfully and regularly engaged in the practice of his profession, and who after actual personal diagnosis deems liquor necessary for the health of a patient, may give the patient a written prescription therefor, or may administer the liquor himself, for which purpose he may have liquor in his possession not exceeding in quantity one quart at any one time, when visiting in the discharge of his professional duties; but no prescription shall be given or liquor administered except in cases of actual need and when, in the judgment of the physician, the use of liquor is necessary.
R.S.S. 1940, c.279, s.43; R.S.S. 1953, c.348, s.42.
Restrictions on sale by physician
43 No physician shall sell liquor except for bona fide medicinal purposes.R.S.S. 1940, c.279, s.44; R.S.S. 1953, c.348, s.43.
Records
44(1) Every physician shall keep a record of each sale he makes.
(2) On the first day of each month every physician shall deliver or forward by mail to the board every record made by him of the sale of liquor during the previous month.
R.S.S. 1940, c.279, s.45; 1953, c.106, s.15; R.S.S. 1953, c.348, s.44.
Limit of sales by physicians
45 No physician shall on any day sell for the use of any one person for medicinal purposes more than eight ounces of brandy or whisky.
R.S.S. 1940, c.279, s.46; R.S.S. 1953, c.348, s.45.
Limit of amount prescribed
46(1) No physician shall on any day, issue a prescription for the use of any one person, for more than eight ounces of alcohol, brandy, rum, gin or whisky, or more than two dozen pints of beer, ale, porter or other malt liquors, or more than three pints of champagne, sherry, port wine, native wine or other wines, or for more than one of the above kinds of liquor.
(2) A physician shall prescribe for only one patient at one time, and each prescription shall be signed by the physician issuing the same.
(3) A physician who prescribes liquor otherwise than for a bona fide medicinal purpose is guilty of an offence.
R.S.S. 1940, c.279, s.47; R.S.S. 1953, c.348, s.46.
Excessive number of prescriptions
47(1) If the board ascertains, upon inquiry or other- wise, that a physician has issued prescriptions for liquor, or for any liquids containing liquor, in such numbers as are in the opinion of the board in excess of what can reasonably be required by him in the exercise of his professional duties, the board may forward a notice to him that, from and after a date to be specified in the notice, no such prescription shall be issued by him.
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(2) A physician who has received a notice as above provided and who, after the date specified therein, issues a prescription for liquor, or for any liquid containing liquor, is guilty of an offence.
(3) Nothing contained in this section prevents the prosecution of a physician under any other provision of this Act in respect of the issuing of such prescriptions.
R.S.S. 1940, c.279, s.48; R.S.S. 1953, c.348, s.27.
Sales for medicinal purposes only
48 Every druggist who receives a permit authorizing him to sell liquor may keep on hand and sell liquors for medicinal purposes only.
R.S.S. 1940, c.279, s.50; R.S.S. 1953, c.348, s.48.
Sales on prescriptions only
49(1) Except as provided by this Act and the regulations, no druggist shall sell or dispense liquor except for bona fide medicinal purposes and upon the prescription of a physician.
(2) No prescription shall be used for more than one sale or dispensing of liquor.
(3) Every druggist, or his assistant or clerk appointed in form I who has sold liquor on a prescription shall before delivery certify over his signature on the face of the prescription that the liquor prescribed therein was sold by him, together with the date of the sale.
(4) Every person who purchases liquor on prescription shall forthwith certify on the face of the prescription that he has received the liquor.
(5) All prescriptions shall be retained by the druggist and kept on file unless otherwise ordered by the board.
R.S.S. 1940, c.279, s.51; R.S.S. 1953, c.348, s.49.
Druggists’ records
50 Every druggist shall forthwith enter in a record which he shall keep for the purpose the following particulars of each prescription, namely, the date thereof, the quantity and kind of liquor sold, the name and address of the purchaser, the name of the physician who issued the prescription and the name of the person who sold the liquor. Such record shall be open to inspection by any officer during business hours.
R.S.S. 1940, c.279, s.52; 1953, c.106, s.17; R.S.S. 1953, c.348, s.50.
Druggists’ lists
51(1) Every druggist shall, on the first day of each month, prepare a list in separate detail of all such prescriptions and sales (form J), numbering them and showing the date of each sale, the kind and quantity of liquor sold and the names of the purchasers and physicians and of the persons making each sale, shall certify that the list is an accurate and complete record of all sales made during the previous month, and shall forthwith forward the list by mail or deliver it to the board.
(2) Every druggist shall also on the first day of each month prepare a list in separate detail (form K) of all liquors received during the preceding month and of all liquors on hand or under order at the end of such month, shall certify the same and forthwith forward it by mail or deliver it to the board.
R.S.S. 1940, c.279, s.53; 1953, c. 106, s.18; R.S.S. 1953, c.348, s.51.
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Limit of sales by druggists
52 No druggist shall on any day sell or dispense for the use of any one person more than eight ounces of alcohol, brandy, rum, gin or whisky, or more than two dozen pints of beer, ale, porter or other malt liquors, or more than three pints of champagne, sherry, port wine, native wine or other wines.
R.S.S. 1940, c.279, s.54; R.S.S. 1953, c.348, s.52.
Amount kept by druggist
53 No druggist shall at any one time keep or store in his premises or elsewhere, for sale:
(a) alcohol, brandy, rum, gin or whisky exceeding in quantity ten gallons in the aggregate;
(b) wines exceeding in quantity ten gallons;
(c) malt liquors exceeding in quantity twenty gallons; Provided that the board may, by order, reduce any of the above quantities.
R.S.S. 1940, c.279, s.55; R.S.S. 1953, c.348, s.53.
Liquor for compounding purposes
54(1) Any druggist may, subject to the provisions of sections 62 and 63, purchase from the board and keep on hand and use the following kinds and quantities of liquor for compounding purposes, namely: alcohol, five gallons; port wine, one gallon; sherry, one gallon; brandy and whisky, one-half gallon.
(2) Every package of liquor so purchased shall have attached to it a label or tag bearing in writing the name of the druggist purchasing the same and the words “For compounding purposes only”.
R.S.S. 1940, c.279, s.56; 1953, c.106, s.19; R.S.S. 1953, c.348, s.54.
Mixtures and compounds
55 No druggist and no physician who keeps and sells or compounds disposes of drugs shall sell or dispense any mixture, compound or prescription containing liquor except as permitted by this Act or the regulations.
R.S.S. 1940, c.279, s.57; R.S.S. 1953, c.348, s.55.
Sales by druggist in person or by appointed
56 No druggist having a permit shall sell liquor except in person or by an assistant or clerk appointed by him for the purpose and approved by the board. Notice of such appointment (form I) shall be forwarded to the board by registered mail or delivered on the day of the date thereof.
R.S.S. 1940, c.279, s.58; R.S.S. 1953, c.348, s.56.
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DENTISTS, VETERINARIES AND OTHERS
Dentists
57 Any dentist may, subject to the provisions of sections 62 and 63, purchase from the board and may have on his premises for use in the practice of his profession not more than one quart of alcohol and, in addition, not more than one quart either of brandy or of whisky.
R.S.S. 1940, c.279, s.59; 1953, c.106, s.19; R.S.S. 1953, c.348, s.57.
Veterinaries
58(1) Any veterinary may, subject to the provisions of sections 62 and 63, purchase from the board, for use in his profession only, not more than one quart of alcohol and one quart of brandy in any one month; provided that, if for any special reason the above quantities are insufficient, the board may issue a special permit authorizing the purchase of a further quantity, upon written application therefor specifying clearly the reasons for the additional quantity.
(2) Any veterinary may keep on hand for use in his profession not more than one-half gallon of liquor at any one time, but nothing contained herein shall authorize, or be deemed to authorize, him to sell any of such liquor.
(3) Every veterinary shall, on the first day of each month, make a return to the board, on a form obtained from the board, of liquor purchased and the disposal thereof, with such additional information as the board may require.
R.S.S. 1940, c.279, s.60; 1953, c.106, s.19; R.S.S. 1953, c.348, s.58.
Manufacturers
59(1) Any manufacturer or other person may, subject to the provisions of sections 62 and 63, purchase from the board and keep on hand alcohol or any other kind or kinds of liquor for bona fide use in the mechanical arts or for manufacturing, preserving and other purposes in such quantity only as the board approves.
(2) Every package sold to a manufacturer or such other person shall have attached to it a label or tag, bearing in writing the name of the purchaser and the words “For Mechanical (or Scientific) Purposes”.
R.S.S. 1940, c.279, s.61; 1953, c.106, s.19; R.S.S. 1953, c.348, s.59.
Hospitals
60(1) The governing boards of hospitals may, subject to the provisions of sections 62 and 63, purchase from the board and keep on hand and use the following kinds and quantities of liquor for mixing, compounding and medicinal purposes: brandy, five gallons; whisky, five gallons; alcohol, ten gallons; gin, one-half gallon; rum, one-half gallon; champagne, one-half dozen pints; sherry, two gallons; port wine, two gallons; native wine, two gallons; bottled beer and other malt liquors, ten dozen pints.
(2) Every package of liquor so purchased shall have attached to it a label with the words “For Medicinal Purposes”.
(3) If a greater quantity of liquor than is specified in subsection (1) is required at any one time, the board may, upon the written application of the hospital authorities concerned, issue a special permit for the purchase of such quantity.
R.S.S. 1940, c.279, s.62; 1953, c.106, s.19; R.S.S. 1953, c.348, s.60.
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Educational institutions
61(1) The governing authorities of educational institutions may, subject to the provisions of sections 62 and 63, purchase from the board, and keep on hand, alcohol not exceeding one gallon to be used for heating, testing, mixing, compounding and experimental purposes only. If a greater quantity of alcohol than one gallon is required by any such institution at any one time, the board may, upon the written application of the governing authorities, issue a special permit for the purchase and use of a greater quantity.
(2) Every package sold to such an institution shall have attached to it a label or tag bearing in writing the name of the institution and the words “For Educational Purposes”.
R.S.S. 1940, c.279, s.63; 1953, c.106, s.19; R.S.S. 1953, c.348, s.61.
PURCHASE UNDER PERMITS
Liquor to be purchased from board
62 Every physician, druggist and other person authorized by permit to sell or use liquor in professional practice or otherwise, desiring to purchase liquor shall forward to the board a written order specifying the kinds and quantities of liquor required.
1953, c.106, s.20; R.S.S. 1953, c.348, s.62.
Approval or rejection
63(1) The board may either approve or reject the order.
(2) If the order is approved the board shall forward it forthwith to a vendor to be filled. If the order is rejected the board shall in writing notify the applicant to that effect.
1953, c.106, s.20; R.S.S. 1953, c.348, s.63.
Regulations
64 Notwithstanding the provisions of the preceding sections, the board may, with the approval of the Lieutenant Governor in Council, by regulation modify such provisions or make such further provisions as are deemed advisable for the purpose of the better regulation and control of the purchase and sale of liquor for medicinal, mechanical, manufacturing, educational and scientific purposes, it being the intention of this Act that the board shall have effectual control and supervision over all liquor brought into Saskatchewan and kept or disposed of therein for medicinal, mechanical, manufacturing, educational and scientific purposes, in order to insure a proper enforcement of this Act. Notice of all such regulations shall be published in the Gazette, and they shall have full force and effect from the date of publication thereof.
R.S.S. 1940, c.279, s.67; 1953, c 106, s.21; R.S.S. 1953, c.348, s.64.
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BANQUETS
Permit for banquet
65(1) Upon receipt of an application in form L by any person on his own behalf or by three officers acting on behalf of any corporation or recognized society, association, club or other duly constituted organization, whether incorporated or not, the board may, subject to such regulations as may be approved in that behalf, grant in duplicate a permit (form M) permitting the applicant or applicants to purchase and serve liquor at the banquet mentioned in the permit.
(2) The application shall be signed by the applicant or, where made on behalf of an organization, by three of its officers, and shall be made at least five days prior to the date of the banquet; provided that the board may in its discretion accept an application received by it less than five clear days prior to the date of the banquet.
(3) The quantity and kinds of liquor to be purchased and served under a banquet permit shall not exceed one quart of beer or malt liquor, nor one pint of wine, nor four ounces of any other spirits, for each person attending the banquet.
(4) All liquors used for the purposes of this section shall be purchased from a store, and every order for such liquors shall be accompanied by a copy of the permit granted.
(5) Each applicant for a permit shall be responsible for the lawful use of the permit.
(6) Each applicant for a permit granted under this section who uses it or permits it to be used in any manner contrary to the provisions of this section is guilty of an offence and liable on summary conviction to a fine of $100 and in default of payment to imprisonment for thirty days.
(7) A person who joins in making application for a permit under this section in the name of any fictitious organization or who makes application for any purpose contrary to the provisions of this section or who uses any fictitious name in making application, is guilty of an offence and liable on summary conviction to a fine of $50 and in default of payment to imprisonment for thirty days.
1949, c.108, s.4: 1953, c.106, s.22; R.S.S. 1953, c.348, s.65.
APPLICATION OF ACT
Exceptions
66(1) Nothing contained herein prevents any brewer, manufacturer of wine or distiller engaged in the manufacture of spiritous, fermented or other liquors from keeping or having in any building wherein such manufacture is carried on or used for the purpose of processing, bottling or any other operation in connection therewith, any liquors for sale to the board, or any person in another province or in a foreign country authorized the laws of such province or country to purchase liquor for shipment into the same, or from selling therefrom to such persons.
(2) Every such brewer, manufacturer of wine or distiller shall forthwith upon the establishment of any such premises make a return to the board showing in separate detail:
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(a) an inventory of the kinds and quantities of all liquors in his possession;
(b) the exact place or places where such liquor is stored.
The return shall be certified as correct over the signature of such person or his manager or other responsible representative within the province and shall be forthwith sent to the board by registered mail or delivered to the board.
(3) Every such brewer, manufacturer of wine and distiller shall also make to the board such returns as the board may require. The returns shall be in such form as the board may prescribe, and forms for making the returns shall be obtained from the board.
(4) Proof of the of the falsity of a return required subsection (3), or of failure to make a return, shall in any proceeding against a brewer, manufacturer of wine or distiller be prima facie evidence that the person accused has unlawfully kept for sale and unlawfully offered for sale or sold liquor.
R.S.S. 1940, c.279, s.70; R.S.S. 1953, c.348, s.66.
Records of sales
67(1) For the purpose of evidence, every brewer, manufacturer of wine or distiller mentioned in section 66, who makes a sale of liquor, shall immediately enter in a record to be kept for that purpose the date of the sale, the name and address of the person to whom the sale was made, the kind and quantity sold, and the person or carrier to whom the same was delivered for carriage; and shall forthwith give a written return of such particulars to the board or any one named by it for receiving the returns.
(2) Failure to make, keep and produce as evidence such entry and record or to give the return shall, in any prosecution under this Act for illegally making a sale of liquor, be prima facie evidence against the defaulter of having illegally sold liquor..
R.S.S. 1940, c.279, s.70; 1953, c.106, s.23; R.S.S. 1953, c.348, s.67.
Examination of books
68 The board may examine the books and records of any brewer, manufacturer of wine or distiller required to make a return, and may otherwise verify the return.
R.S.S. 1940, c.279, s.71l 1953, c.106, s.24; R.S.S. 1953, c.348, s.68.
Inspection of premises
69 Every building referred to in section 66 shall be constructed and equipped so as not to facilitate any breach of this Act or of the regulations and shall be open to inspection at all reasonable times by the board or any person duly authorized by it to make such inspection.
R.S.S. 1140, c.279, s.72; R.S.S. 1953, c.348, s.69.
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PROPRIETARY AND PATENT MEDICINES
Conditions governing sales
70 Except as otherwise provided by this Act or the regulations, the manufacturer of any proprietary or patent medicine or a druggist may sell such medicine if it contains sufficient medication to prevent its use as an alcoholic beverage and if the medicine is contained in the original and unbroken package.
1945, c.102, s.4; R.S.S. 1953, c.348, s.70.
Certain tinctures, medicines, perfumes, etc.
71(1) Except as otherwise prodded by this Act or the regulations, nothing in this Ad prevents the sale:
(a) the manufacturer thereof, or by a druggist, of:
(i) any tincture, fluid extract, essence or medicated spirit containing alcohol prepared according to a formula of the British Pharmacopoea or other recognized standard work on pharmacy; or
(ii) medicine or other similar officinal or pharmaceutical compound or preparation; or
(iii) any perfume, lotion, toilet water or other similar preparation; or
(iv) any mixture so prepared containing alcohol, and any other drug or medicine, if sold for purely medicinal purposes; or
(b) by a merchant who deals in drugs and medicines, of any compound, mixture or preparation mentioned in this subsection which is put up by the manufacturer thereof or a druggist;
reason only that the same contain alcohol if such compound, mixture or preparation contains sufficient medication to prevent its use as an alcoholic beverage,
(2) If, in any prosecution for selling any of the products mentioned in section 70 or this section, the justice hearing the complaint is of that an unreasonable quantity of any such product, having regard to the purposes for which the same was legitimately manufactured, was sold or otherwise disposed of to any person either at one time or at intervals and proof is also given that such product was used for beverage purposes, the person selling or otherwise disposing of the same may be convicted of an offence under section 75.
1945, c.102, s.4; R.S.S. 1953, c.348, s.71.
Use of certain products as beverages an offence
72 Any person who obtains or consumes for beverage purposes any of the mentioned in section 70 or 71 or any containing alcohol which has been denatured in accordance with the provisions of the Excise Act (Canada), and the regulations made thereunder, is guilty of an offence and liable to the penalties prescribed by section 75.
1945, c.102, s.4; R.S.S. 1953, c.348, s.72.
Sale of alcoholic compounds prohibited
73 Except as otherwise provided this Act, no person shall have in his possession, sell or keep for sale any compound, mixture or preparation, whether in solid or liquid form, to which the addition of water or any other liquid or any substance will produce intoxicating liquor.
1945, c.102, s.4; R.S.S. 1953, c.348, s.73.
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Colourable sales
74(1) Where the justice before whom a complaint is heard finds that any product mentioned in section 70 or 71 does not contain sufficient medication to prevent tis use as an alcoholic beverage, the offender may be convicted of an offence under section 75.
(2) It shall not be necessary in any information, summons, warrant, distress warrant, commitment or other process or proceeding except the finding or judgment, to set out that such product does not contain sufficient medication to prevent its use as an alcoholic beverage, but it shall be sufficient if the complaint and all other necessary statement of the offence allege or refer to the sale of liquor in the contravention of this Act.
1945, c.102, s.4; R.S.S. 1953, c.348, s.74.
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PART III
Prohibitions, Offences and Penalties
ILLEGAL SALE, PURCHASE AND CONSUMPTION
Illegal sale, etc.
75(1) No person shall, by himself, his partner, clerk, servant or agent, expose, keep or offer for sale or sell liquor in Saskatchewan, except as provided by this Act and the regulations; and every person who, in contravention of the provisions of this Act, exposes, keeps or offers for sale or sells liquor in Saskatchewan is guilty of an offence and liable on summary conviction in the case of a first offence:
(a) to a fine of not less than $200 nor more than $1,000 and in default of payment to imprisonment for sixty days; or
(b) to a fine of not less than $100 nor more than $300 and, in addition, to imprisonment for a period of not less than two weeks nor more than two months, and in default of payment to imprisonment for a further period of thirty days; or
(c) to imprisonment for four months without fine.
(2) In the case of a second offence, the offender is liable to a fine of not less than $400 nor more than $1,500, and in default of payment to imprisonment for not less than thirty days nor more than sixty days; and, in addition, to imprisonment for a period of not less than one month nor more than three months.
(3) In the case of a third or subsequent offence, the offender is liable to a fine of not less than $400 nor more than $1,500, and in default of payment to imprisonment for not less than thirty days nor more than sixty days; and, in addition, to imprisonment for a term of not less than four nor more than six months.
(4) If the offender is an incorporated company, it is liable, in the case of a first offence to a fine of not less than $1,000 nor more than $1,500, and, in the case of a subsequent offence, to a fine of not less than $1,500 nor more than $2,500.
R.S.S. 1940, c.279, s.76; R.S.S. 1953, c.348, s.75.
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Sale of unsealed packages
76 Subject to the regulations, any vendor, assistant, clerk packages or other employee of a store who sells liquor otherwise than by the sealed package is guilty of an offence and liable on summary conviction to a fine of $100 and imprisonment for thirty days, and in default of payment to imprisonment for a further period of thirty days.
R.S.S. 1940, c.279, s.77; 1945, c.102, s.5; R.S.S. 1953, c.348, s.76.
Sales during prohibited hours
77 Any vendor, assistant, clerk or other employee of a store, who sells or supplies liquor during prohibited hours or on days when the store is required by law to be closed, is guilty of an offence and liable on summary conviction to a fine of $200 and imprisonment for thirty days, and in default of payment to imprisonment for a further period of thirty days.
R.S.S. 1940, c.279, s.78; R.S.S. 1953, c.348, s.77.
Certain sales forbidden
78(1) No vendor or other employee of a store shall sell or furnish liquor to a person under twenty-one years of age, or to one who is under the influence of liquor, or to a person interdicted as provided by section 157.
(2) A vendor who allows liquor to be supplied in breach of the provisions of this section, as well as the person who actually gives or supplies the liquor, is guilty of an offence and liable on summary conviction to a fine of $50, and in default of payment to imprisonment for thirty days.
R.S.S. 1940, c.279, s.79; 1953, c.106, s.25; R.S.S. 1953, c.348, s.78.
Penalty in case of purchase by minor
79 Any person under twenty-one years of age who purchases liquor, either directly or indirectly, is guilty of an offence and liable on summary conviction to a fine not exceeding $50 and in default of payment to imprisonment for not more than thirty days.
1949, c.108, s.5; R.S.S. 1953, c.348, s.79.
Sales, etc., to convicted person
80(1) No sale of liquor shall be made to a person persons whose name appears in the record mentioned in section 34, for a period of two years from the date of conviction in cases in which a person has been convicted for violating any of the provisions of sections 75, 82, 84, 91, 92, 101 and 111.
(2) Any vendor, clerk or assistant selling in breach of the provisions of this section is guilty of an offence and liable on summary conviction to a fine of $100 and imprisonment for one month, and in default of payment to imprisonment for a further period of thirty days.
(3) A person convicted of an offence against section 75, 82, 84, 91, 92, 101 or 111, who directly or indirectly has in his possession or procures or permits the sale, disposal, gift or delivery to him of any liquor during the period mentioned in subsection (1), other than beer obtained from a licensee under Part VIII in a glass or open bottle, is guilty of an offence and liable on summary conviction to a fine of not more than $50 and in default of payment to imprisonment for not more than one month.
R.S.S. 1940, c.279, s.80; 1953, c.106, s.26; R.S.S. 1953, c.348, s.81.
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Offences by vendor, assistant clerk or other employee
81(1) A vendor who:
(a) purchases intoxicating liquors except from a store;
(b) has on the premises of the store under his control liquor which has not been supplied by the board;
(c) sells or offers for sale liquors other than such as have been supplied by the board;
(d) adulterates or causes to be adulterated any liquor kept for sale under this Act, by mixing with the same colouring matter or any drug or ingredient whatever;
(e) mixes the same with other liquors of whatever kind or quality, or with water;
(f) sells or exposes for sale liquor so adulterated;
(g) promotes, induces or furthers the purchase of any particular kind, class or brand of liquor, or attempts to do so;
is guilty of an offence and liable on summary conviction to a fine of $200 and to imprisonment for thirty days, and in default of payment to imprisonment for a further period of thirty days.
(2) Any assistant, clerk or other employee of a store who does any of the acts mentioned in clauses (a,), (b), (c), (d), (e), (f) or (g) of subsection (1) is guilty of an offence and liable on summary conviction to the penalties imposed by the said subsection.
R.S.S. 1940, c.279, s.81; R.S.S. 1953, c.348, s.81.
Bribing employees
82 Every person who offers or gives money or any other consideration to a vendor or other employee of a store as an inducement to violate the provisions of this Act, or as an inducement for such vendor or employee to interest himself in promoting the sale of any particular class or brand of liquor, is guilty of an offence and liable on summary conviction to a fine of $200 and imprisonment for two months, and in default of payment to imprisonment for a further period of one month.
R.S.S. 1940, c.279, s.82; R.S.S. 1953, c.348, s.82.
Board not to solicit gifts
83(1) No member or employee of the board or employee of the government shall solicit or receive directly or indirectly, any commission, remuneration or gift whatever from any person or corporation having sold, selling or offering liquor for sale to the board pursuant to this Act.
(2) No person selling or offering liquor for sale to, or purchasing liquor from, the board, shall either directly or indirectly offer to pay any commission, profit or remuneration, or make any gift to any member or employee of the board or to any employee of the government, or to anyone on behalf of such member or employee.
(3) A person violating the provisions of this section is guilty of an offence and liable on summary conviction to a fine of not less than $200 nor more than $1,000 and in default of payment to imprisonment for not less than thirty nor more than sixty days.
R.S.S. 1940, c.279, s.83; R.S.S. 1953, c.348, s.83.
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Frauds in respect of seal or label
84 A person who uses the official seal of the board seal or label without authority, or who seals a package containing liquor with a colourable or fraudulent imitation of such seal, is guilty of an offence and liable on summary conviction to a fine of $200 and imprisonment for a period of six months, and in default of payment to imprisonment for a further period of one month.
R.S.S.1940, c.279, s.84; 1945, c.102, s.6; R.S.S. 1953, c.348, s.84.
Opening sealed packages
85 No person shall break open a package of liquor sealed with the official seal of the board or wrapped in any official wrapper unless the same has been purchased at a store. A person violating the provisions of this section is guilty of an offence and liable on summary conviction to a fine of $50 and in default of payment to imprisonment for thirty days.
R.S.S. 1940, c.279, s.85; R.S.S. 1953, c.348, s.85.
Opening packages on store premises
86 A person who breaks open a sealed package of liquor upon the premises of a store, or who tests, tastes, samples or drinks liquor upon such premises, is guilty of an offence and liable on summary conviction to a fine of $50 and in default of payment to imprisonment for thirty days.
R.S.S. 1940, c.279, s.86; R.S.S. 1953, c.348, s.86.
Purchase under another name or address
87 A person who purchases liquor at or from a store under a name or address other than his own, or under a fictitious name or address, is guilty of an offence and liable on summary conviction to a fine of $50 and in default of payment to imprisonment for thirty days.
R.S.S. 1940, c.279, s.87; R.S.S. 1953, c.348, s.87.
Illegal purchase
88(1) A person who purchases liquor from a person not authorized to sell the same, or who obtains liquor from an unauthorized person by barter or exchange, or who requests or solicits any person to sell liquor to him in violation of this Act, is guilty of an offence and liable on summary conviction to a fine of not less than $50 nor more than $500 and in default of payment to imprisonment for a period not exceeding thirty days.
(2) If it is made to appear to the justice before whom a complaint under this Act is heard, that the person charged with the violation of this or any other section was acting as an officer whose duty it was to enforce this Act, or was acting under the instructions or authority of an officer for the purpose of detecting a known or suspected offender against this Act and of obtaining evidence upon which he might be brought to justice, the defendant shall not be convicted.
R.S.S. 1940, c.279, s.88; R.S.S. 1953, c.348, s.88.
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Excessive purchases
89 A person who purchases on any one day from one or more stores a greater quantity of liquor than is allowed by this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of $50 and in default of payment to imprisonment for thirty days.
R.S.S. 1940, c.279, s.89; R.S.S. 1953, c.348, s.89.
Excessive giving
90 No one shall give liquor to any person apparently under the influence of liquor.
R.S.S. 1940, c.279, s.90; R.S.S. 1953, c.348, s.90.
Keeping liquor with soft drinks
91(1) If any person engaged in the business of selling soft drinks or non-intoxicating beverages, other than in premises in respect of which a licence issued under section 247, 265, 275 or 281 is subsisting, keeps or has with his stock of such drinks or beverages, or keeps or has on his business premises, any liquor or any liquid known or described as beer or near-beer or by any name whatever commonly used to describe malt or brewed liquor, he is liable on summary conviction, in case of a first offence to a fine of not less than $100 nor more than $400 and in default of payment to imprisonment for a period of two months; in case of a second offence, to a fine of not less than $300 nor more than $600 and in default of payment to imprisonment for a period of three months; and in case of a third or subsequent offence, to a fine of not less than $500 nor more than $1,000 and in default of payment to imprisonment for a period of not less than two months and, in addition, to imprisonment for three months.
(2) Any officer, who finds liquor in the stock or upon the business premises of such person, shall seize and remove his total stock of liquor, soft drinks or non-intoxicants in the manner provided for the seizure and disposal of liquor by section 117, and the provisions of sections 116 to 129 shall, so far as applicable, apply to such stock.
(3) The provisions of this section do not prevent a physician or druggist who has received a permit under section 35 from keeping on his business premises liquor which by this Act he is authorized to keep or sell.
R.S.S. 1940, c.279, s.91; 1953, c.106, s.27; R.S.S. 1953, c.348, s.91.
Sales of malt liquor forbidden
92 Except as otherwise provided by this Act, no person other than the board or a vendor shall sell or deal in any liquid known or described as beer or near-beer or by any name whatever commonly used to describe malt or brewed liquor.
R.S.S. 1940, c.279, s.92; R.S.S. 1953, c.348, s.92.
Penalty
93 When any person is convicted of an offence in respect of a violation of section 92 arising out of the selling or dealing in any liquid which is not liquor within the meaning of this Act, the person so convicted is liable to the penalties prescribed by section 75 for violation of the provisions therein referred to.
R.S.S. 1940, c.279, s.93; R.S.S. 1953, c.348, s.93.
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Where liquor may be kept, consumed or given
94(1) Except as authorized by this Act and the regulations, no person by himself, his servant or agent shall have or keep or consume or give liquor in any place other than a dwelling house, but this restriction does not prevent a sick person from having or consuming in his room where he sleeps, or in case of necessity elsewhere, any liquor lawfully prescribed for or administered to him under section 42.
(2) The expression “dwelling house” includes every house or other building or any part of a house or building which is bona fide and actually occupied and used solely as a private residence or as a private guest room in a hotel.
(3) Notwithstanding the generality of the definition in subsection (2), the expression “dwelling house” does not include:
(a) a house or a building all of which is occupied or used or that part of a house or building occupied or used as a workshop, or as a warehouse, or as a club house or club room, or as a public hall or hall of any society or order, or as a hotel except a private guest room and the rooms occupied as living quarters by the owner or operator of the hotel or as a restaurant or any other place of public entertainment, whether licensed or not;
(b) a building any of which is used as a livery or feed stable, garage, laundry, lumber office, grain elevator, grain elevator office or engine room;
(c) a building or house mentioned in section 158;
(d) a house or building all of which is occupied or used or that part of a house or a building- occupied or used for keeping for sale or selling goods or chattels for money or other valuable consideration;
(e) a basement, hall or room occupied as a bowling alley or for playing pool or billiards, or any room directly connected by an interior way or entrance with such basement, hall or room;
(f) a room or part of a building used as a dwelling which is directly connected with business premises by a doorway or opening of any nature through which any person can pass or liquor can be passed.
(4) If the occupant or any member of the family of the of a dwelling house or of any part thereof is convicted of an offence against any of the provisions of this Act, committed in or in respect of such house or in respect of any liquor kept therein or removed therefrom, the same shall cease to he a dwelling house within the meaning of this Act during the time the person so convicted occupies the said house or any part thereof.
(5) If the occupant or any member of the family of the occupant of a dwelling house within the meaning of The Liquor Act, 1925, The Liquor Act, chapter 232 of The Revised Statutes of Saskatchewan. 1930, or The Liquor Act, chapter 279 of The Revised Statutes of Saskatchewan. 1940, or of any part of such dwelling house, was convicted of an offence against any of the provisions of any of the said Acts committed in or in respect of such house or in respect of any liquor kept therein or removed therefrom, the same shall not be a dwelling house within the meaning of this Act during the time the person so convicted occupies the said house or any part thereof.
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(6) If a house which has ceased to be a dwelling house pursuant to subsection (4) again becomes a dwelling house and within one year thereafter the occupant of any member of the family of the occupant thereof or of any part thereof is convicted of an offence against any of the provisions of this Act, committed in or in respect of such house or in respect of any liquor kept therein or removed therefrom, then the house shall cease to be a dwelling house within the meaning of this Act not only during the time the person so convicted occupies the same or any part thereof but also for an additional period of five years after he ceases to do so.
(7) If a person, on account of whose conviction a house has ceased to be a dwelling house pursuant to subsection (4), is again convicted of an offence against any of the provisions of this Act, committed in or in respect of a dwelling house occupied by him or any part of which is occupied by him or in respect of any liquor kept therein or removed therefrom, then not only shall the house in which he resided at the time of the last conviction cease to be a dwelling house within the meaning of this Act but any other house occupied by him or any part of which is occupied by him within five years after the last conviction shall also cease to be a dwelling house within the meaning of this Act during the period of his occupancy.
(8) A person who has, keeps, consumes or gives liquor in violation of this section, or who, without lawful excuse, is found in any place where liquor is illegally kept, consumed or given, is guilty of an offence and liable on summary conviction in case of a first offence to a fine of not less than $25 nor more than $50 and in default of payment to imprisonment for thirty days, and in case of a subsequent offence to a fine of not less than $50 nor more than $100 and in default of payment to imprisonment for sixty days, and, in addition, to imprisonment for not less than thirty days nor more than three months.
R.S.S. 1940, c.279, s.94; 1945, c.102, s.7; 1949, c.108, s.6; R.S.S. 1953, c.348, s.94.
Consumption of liquor in hotel
95(1) Subject to the provisions of Part VIII, no person shall keep or consume liquor in any part of a hotel other than a private guest room and the rooms occupied as living quarters by the owner or operator of the hotel.
(2) Subject to the provisions of Part VIII, no person shall keep, or have, or consume liquor in any room in a hotel, unless he is a bona fide guest of the hotel, and is registered at the office of the hotel as an occupant of that room and has baggage and personal effects belonging to him in the hotel or unless he is a bona fide guest of such guest.
(3) No more persons shall be registered as guests, or apply to be registered as guests, in occupation of any room or rooms in a hotel than can be accommodated by the actual ordinary sleeping capacity of the beds in the room or rooms.
(4) No greater quantity of liquor shall be kept or had in a private guest room than one person is entitled to purchase in one day under section 28.
(5) A person violating this section is guilty of an offence and liable on summary conviction to a fine of not less than $25 nor more than $50 and in default of payment to imprisonment for one month.
R.S.S. 1940, c.279, s.95; 1949, c.108, s.7; R.S.S. 1953, c.348, s.95.
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Liquor which may be consumed
96 Subject to the provisions of Part VIII, except in the case of wine used for sacramental purposes and except as may be otherwise provided by the regulations, no person shall consume liquor within the province unless the package in which the liquor is contained and from which it is taken for consumption has, while containing that liquor, been sealed with the official seal prescribed under this Act.
R.S.S. 1940, c.279, s.96; R.S.S. 1953, c.348, s.96.
Necessity for official seal
97(1) Except in the case of:
(a) liquor imported by the board; or
(b) liquor had and kept by a person, and in a place and manner referred to in section 66;
subject to the regulations, no liquor shall be kept or had by any person within the province unless the package in which the liquor is contained has, while containing that liquor, been sealed with the official seal; provided that liquor may be kept in a decanter or other receptacle for immediate consumption if such liquor is taken from a package which while containing that liquor has been sealed with the official seal. Beer or other malt liquor shall be deemed to be sealed if the bottle in which it is contained is crowned or capped with a crown on which is stamped or printed either the name of the manufacturer of the beer or malt liquor or some trade mark, trade name or other distinguishing mark, design or colour by which the products manufactured are known and recognized.
(2) Any officer who finds liquor which in his opinion is had or kept by any person in violation of the provisions of this section may, without laying an information or obtaining a warrant, forthwith seize and remove the liquor and the packages in which it is kept.
R.S.S. 1940, c.279, s.97; 1945, c.102, s.8; R.S.S. 1953, c.348, s.97.
PHYSICIANS AND DRUGGISTS
Fraudulent prescriptions
98 A physician, or person claiming to be a physician, who:
(a) gives a prescription or administers liquors in evasion or violation of this Act; or
(b) gives to or writes for any person a prescription for or including intoxicating liquor, for the purpose of enabling or assisting any person to obtain liquor for use as a beverage or to be sold or disposed of in any manner in violation of the provisions of this Act;
is guilty of an offence and liable on summary conviction, for the first offence, to a fine of not less than $200 nor more than $1,000 and in default of payment to imprisonment for not less than three nor more than six months; and, for a subsequent offence, to imprisonment for not less than six months nor more than twelve months.
R.S.S. 1940, c.279, s.98; R.S.S. 1953, c.348, s.98.
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Fraud in obtaining prescriptions
99 It is an offence for any person applying to a physician to make a false statement with a view to obtaining a prescription for liquor.
R.S.S. 1940, c.279, s.99; R.S.S. 1953, c.348, s.99.
Failure to forward lists
100 A physician or druggist, who fails to make or keep or forward any statement, list or record as required by this Act, is guilty of an offence and liable on summary conviction to a fine of $100 and in default of payment to imprisonment for a period of thirty days.
R.S.S. 1940, c.279, s.100; R.S.S. 1953, c.348, s.100.
False statements
101 Any physician or druggist, or assistant or clerk appointed by a druggist, or vendor or other person whomsoever who falsifies any statement, list or record required to be made, kept or forwarded by this Act, is guilty of an offence and liable on summary conviction to a fine of $500 or to imprisonment for three months for a first offence, and in default of payment to imprisonment for a period of three months, and to imprisonment for a period of six months for a subsequent offence.
R.S.S. 1940, c.279, s.101; R.S.S. 1953, c.348, s.101.
COMMON CARRIERS
Delivery to other than consignee
102 Any officer, agent or employee of a railway company, express company or other common carrier who delivers liquor to a person other than the consignee, without a written order from the consignee, is guilty of an offence and liable on summary conviction to a fine of not less than $100 nor more than $500, and in default of payment to imprisonment for not less than thirty nor more than ninety days. This section does not apply to liquor consigned to a person licensed under Part VIII if delivered to a recognized agent of the licensee, upon the licensed premises or at the point to which it is shipped.
R.S.S. 1940, c.279, s.102; R.S.S. 1953, c.348, s.102.
Delivery to fictitious consignee
103(1) No railway company, express company or other common carrier, and no officer, agent or employee of such company or carrier, shall deliver liquor to any person to whom such liquor has been consigned under a fictitious name, nor shall such company, carrier, officer, agent or employee deliver to any person liquor which has been consigned to a fictitious person.
(2) A company or common carrier making delivery contrary to the provisions of this section, and every officer, agent or employee acting for the company or carrier in making such delivery, is guilty of an offence and liable on summary conviction in case of a first offence to a fine of $100, in case of a second offence to a fine of $200, and in case of a third or subsequent offence to a fine of $500, and the officer, agent or employee making such delivery may also he imprisoned for a period of sixty days.
R.S.S. 1940, c.279, s.103; R.S.S. 1953, c.348, s.103.
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Inspection of records
104(1) The Attorney General, or any person appointed by him for the purpose, may inspect the freight and express books and records and any documents in the possession of a railway or express company doing business within Saskatchewan for the purpose of obtaining information in connection with matters dealt with by this Act.
(2) A company which and any officer or employee of a company who fails to produce such books, records or documents for inspection, when required to do so by the Attorney General or a person named by him for the purpose in writing, is guilty of an offence and liable on summary conviction to a fine of $200 for each offence. In case of an officer or employee of the company so failing, such officer or employee is liable, in default of payment after conviction, to imprisonment for thirty days.
R.S.S. 1940, c.279, s.104; R.S.S. 1953, c.348, s.104.
Records of deliveries
105(1) All express companies and their agents, and all common and other carriers, shall keep or cause to be kept an accurate record of each delivery of liquor made by them or any of them, their clerks, servants or agents within Saskatchewan.
(2) Such record shall show the date of delivery, the name and address of the consignee, and the name of the person to whom delivery was made, and shall at all times be open to inspection by any officer, and a copy thereof, verified by affidavit as being a true copy, shall be delivered to any officer demanding the same.
(3) Failure to carry out the foregoing provisions of this section is an offence.
(4) Production in court of the original record or of a verified copy shall be prima facie evidence that the parcel or package contains liquor.
R.S.S. 1940, c.279, s.105; R.S.S. 1953, c.348, s.105.
CANVASSING, ADVERTISING AND LABELLING
Prohibitions
106(1) No person shall:
(a) canvass for, receive, take or solicit orders for the purchase or sale of liquor or act as agent or intermediary for the sale or purchase of liquor or hold himself out as such agent or intermediary;
(b) canvass or approach a vendor or other employee of the board or any person who holds a licence to sell beer, or any employee of such person, with the object or purpose of promoting, inducing or furthering the sale of any particular kind, class or brand of beer or of any other liquor;
(c) exhibit or display, or permit to be exhibited or displayed, any sign or poster containing the words “bar”, “bar-room”, “saloon”, “tavern”, “beer”, “wines”, “spirits” or “liquors” or words of like import;
(d) exhibit or display, or permit to be exhibited or displayed, any advertisement or notice of or concerning liquor by an electric or illuminated sign, contrivance or device or on any hoarding, sign-board, billboard or other like place in public view or by any of such means, advertise any liquor:
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(e) exhibit, publish or display, or permit to be exhibited, published or displayed, any other advertisement, or form of advertisement, or any other announcement, publication or price list of or concerning liquor or where or from whom the same may be had, obtained or purchased, unless permitted to do so by the regulations, and then only in accordance therewith.
(2) No person shall act as agent for the sale of liquor to the board, nor shall the board liquor from any person who is paying commission to an agent in the province on sales of liquor to the board. The board shall be entitled to demand from any alleged agent or from any person selling liquor to the board such evidence as it may require that no commission is being paid.
(3) Any contract for the payment of commission to any person action as agent or intermediary with respect to the purchase of liquor by the board shall be void and unenforceable.
(4) person who accepts commission on a sale of liquor to the board is guilty of an offence and liable on summary conviction to a fine not more than $500 or to imprisonment for not less than three months.
(5) The provisions of subsection (1) do not apply to the board, but the board shall not canvass for or solicit orders for the purchase or sale of liquor or advertise for the purpose of promoting sales.
(6) Nothing in subsection (1) applies to the receipt or transmission of a telegram or letter by any telegraph agent or operator or post office employee in the ordinary course of his employment as such agent, operator or employee.
R.S.S. 1940, c.279, s.106; R.S.S. 1953, c.348, s.106.
Labels, etc., for beer or malt liquor
107(1) Every person manufacturing or brewing beer malt liquor or malt liquor shall put upon all bottles containing the same a distinctive label showing the nature of the contents, the name of the person by whom the beer or malt liquor is manufactured or brewed, and the place where the beer or malt liquor was brewed; and shall show clearly on all barrels and other receptacles containing beer or malt liquor so manufactured or brewed, whether bottled or otherwise, the nature of the contents, the name of the person by whom the beer or malt liquor is manufactured or brewed, and the place where the beer or malt liquor was brewed.
(2) For the purposes of this section, the contents of bottles, barrels and other receptacles containing beer or malt liquor shall be shown by the use of the word “beer”, “ale”, “stout”, or “porter” on the outside of all bottles, barrels and other receptacles.
R.S.S. 1940, c.279, s.107; R.S.S. 1953, c.348, s.107.
GENERAL PROVISIONS AS TO OFFENCES
Certain acts declared offences
108 Every one is a party to and guilty of an offence against this Act, who:
(a) does or omits any act for the purpose of aiding any person to commit the offence; or
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(b) abets any person in commission of the offence; or
(c) counsels or procures any person to commit the offence; or
(d) gives any information or direction to any person by which he may secure liquor contrary to the provisions of this Act;
(e) actually commits it.R.S.S. 1940, c.279, s.108; R.S.S. 1953, c.348, s.108.
Violation of Act or regulations creates offence
109 Every person who violates any provision of this Act or the regulations is guilty of an offence, whether otherwise so declared or not.
R.S.S. 1940, c.279, s.109; R.S.S. 1953, c.348, s.109.
Avoiding arrest
110 Any one knowing or having reason to believe that an order to commit to jail has been issued against any person under this Act, who prevents the arrest of such person, or facilitates by any act or counsel or in any other manner whatever his avoidance of arrest, or who provides such person with the means of avoiding arrest, is guilty of an offence and liable on summary conviction to a fine of $100, and in default of payment to imprisonment for two months, in addition to any other penalty provided by law.
R.S.S. 1940, c.279, s.110; R.S.S. 1953, c.348, s.110.
Bribery of officers
111(1) No officer shall, directly or indirectly receive any money for reporting or not reporting any matter or thing connected with the administration of this Act, or for performing or omitting to perform his duty in that behalf, except the remuneration and allowance assigned him by virtue of his office.
(2) Any officer receiving, and any person offering, money contrary to the provisions of this section is guilty of an offence and liable on summary conviction to a fine of $500 and in default of payment to imprisonment for six months.
R.S.S. 1940, c.279, s.111; R.S.S. 1953, c.348, s.111.
General penalty
112 A person violating any of the provisions of this Act or the regulations for violation of which no penalty is herein specifically provided is guilty of an offence and liable on summary conviction to a fine of not less than $100 nor more than $200 and in default of payment to imprisonment for a term of not less than forty-five days nor more than ninety days.
R.S.S. 1940, c.279, s.112; R.S.S. 1953, c.348, s.112.
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When municipalities receive fines
113 In cities, towns or villages where any person has been convicted or fined for violation of any of the provisions of this Act upon the information of a policeman or constable or other official employed and paid by the municipality and not a member of a force directly or indirectly employed and paid by the province, the municipality shall receive the fine imposed and the convicting justice shall make distribution of the fine accordingly.
R.S.S. 1940, c.279, s.113; R.S.S. 1953, c.348, s.113.
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PART IV
Procedure
POWERS OF OFFICERS
Arrest without warrant
114 Any officer may arrest, without warrant, any person whom he finds committing, or whom he, on reasonable grounds, believes to have committed an offence against this Act.
R.S.S. 1940, c.279, s.114; R.S.S. 1953, c.348, s.114.
Right of search and seizure
115(1) Any officer may, for the purposes of preventing or detecting the violation of any of the provisions of this Act, enter at any time into any and every part of any place other than a dwelling house, and make searches in every part thereof and of the premises connected therewith; and nothing in the common law or in any other section of this Act, shall in any way limit, or shall be construed as in any way limiting, the rights and powers conferred by this section or the exercise thereof.
(2) It shall be the duty of every officer who anywhere in Saskatchewan finds liquor, in respect of or concerning which he suspects there has been a violation of this Act, to seize and remove the same forthwith together with the containing packages.
(3) The provisions of this Act respecting seizure apply to packages which an officer suspects to contain liquor and also the contents of such packages, whether they are found actually to contain liquor or not.
R.S.S. 1940, c.279, s.115; R.S.S. 1953, c.348, s.115.
Search warrant
116(1) A justice, if satisfied by the oath of an officer that there is reasonable ground for belief that liquor is being kept for sale or disposal contrary to this Act in any place within his jurisdiction, may grant a warrant under his hand authorizing the officer therein named, at any time or times within ten days from the date thereof, to enter, if need be by force, the place named in the warrant and every part thereof and of the premises connected therewith, and to examine the same and search for liquor therein.
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(2) For such purpose the officer named may, if necessary, with such assistants as he deems expedient break open any door, lock or fastening of such premises or any part thereof, or of any closet, cupboard, box or other article suspected to contain liquor.
(3) If liquor is found on such place or premises or any part thereof, or in any place to which subsection (1) of section 115 applies, the occupant thereof and also the owner of the liquor shall, until the contrary is proved, be deemed to have kept such liquor for sale contrary to the provisions of this Act, and may be arrested by the officer named in the warrant or by any officer, and the person so arrested may be charged, proceeded against and punished as provided by this Act; provided that where the place or premises is unoccupied “occupant” as used in this subsection means the owner, tenant or other person entitled to possession.
R.S.S. 1940, c.279, s.116; R.S.S. 1953, c.348, s.116.
Seizure
117 When an officer, in making or attempting to make a search under or in pursuance of the authority conferred by subsection (1) of section 115, or under the warrant mentioned in section 116, finds in any place liquor which in his opinion is kept for sale or disposal contrary to this Act, or has been unlawfully purchased or obtained, or is unlawfully kept contrary to this Act, he may forthwith seize and remove the same and the packages in which the same is kept, and may seize and remove any book, paper or thing found in the building or place which in his opinion will afford evidence as to the commission of an offence against this Act.
R.S.S. 1940, c.279, s.117; R.S.S. 1953, c.348, s.117.
Power to demand names, etc.
118 An officer who has, in pursuance of section 115 or section 116 entered premises upon which he seizes or from which he removes liquor, may demand the name and address of any person found there; and if such person refuses the information, or if the officer has reasonable ground to suppose that the name or address given is false, he may examine such person further and may, if such person fails upon demand to give his name and address or to answer satisfactorily the questions put to him, apprehend him without warrant and bring him as soon as possible before a justice.
R.S.S. 1940, c.279, s.118; R.S.S. 1953, c.348, s.118.
General authority to enter and search
119(1) If an officer suspects that liquor is being kept in any place for sale or disposal contrary to this Ad, or that liquor purchased or obtained in violation of this Act is being kept in any place, and holds the written authority of the Attorney General to do so, such officer may, without warrant, enter such place and every part thereof and of the premises connected therewith, if need be by force, and examine the same and search for liquor therein; and in such case the provisions of subsection (2) and (3) of section 116 and of sections 117 and 118 apply as if a warrant relating to such place had been granted to the officer under subsection (1) of section 116.
(2) Any such authority granted by the Attorney General may be general in its terms and shall be effective until revoked, and it shall be accepted in any court as prima facie evidence of the authority of the officer named therein for the purposes therein mentioned without proof of the appointment or signature of the Attorney General.
R.S.S. 1940, c.279, s.119; R.S.S. 1953, c.348, s.119.
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Powers regarding liquors in transit
120 Where an officer finds liquor in transit or in course of delivery upon the premises of a railway company or at a wharf, railway station, express office, warehouse or in any place whatever, and believes that such liquor is to be sold or kept for sale in contravention of this Act, or has been bought or obtained in contravention of this Act, or is being kept unlawfully in contravention of this Act, he may forthwith seize and remove the same and the packages in which the same is kept.
R.S.S. 1940, c.279, s.120; R.S.S. 1953, c.348, s.120.
Power to search without warrant
121 If an officer believes that liquor intended for sale or to be kept for sale, or liquor purchased or obtained in violation of this Act, is contained in any vehicle on a public highway or elsewhere or is concealed upon the lands of any person, he may without warrant search for such liquor wherever he may suspect it to be, and may, if need be by force, search the person himself and seize and remove any liquor found and the packages in which the same is kept.
R.S.S. 1940, c.279, s.121; R.S.S. 1953, c.348, s.121.
Forfeiture of liquor on conviction
122 Upon conviction of the owner or person in possession of liquor for a violation of any provision of this Act, the liquor and all packages containing the same shall, in addition to any other penalty imposed, be ipso facto forfeited to Her Majesty, in right of the province.
R.S.S. 1940, c.279, s.122; R.S.S. 1953, c.348, s.122.
Claims to liquor seized
123(1) Where liquor is seized under any of the provisions of this Act, and no conviction has been obtained and the owner is unknown, any person claiming to be the owner of the liquor may show cause why the liquor should not be forfeited to Her Majesty, by lodging with the board within thirty days after the seizure a notice in writing setting forth the facts upon which the claim is based and supporting the same by affidavit of a credible person having knowledge of the facts. The board may thereupon, if satisfied that it is a proper case for so doing, order the release of the liquor, and, if not so satisfied, the board or someone authorized by it may cause a summons to be issued by a justice directed to the claimant, calling upon him to appear at a time and place named in the summons to show cause why the liquor or any part thereof should not be forfeited to Her Majesty.
(2) Proof of the service of the summons may be validly made by affidavit of the party effecting the service.
R.S.S. 1940, c.279, s.123; R.S.S. 1953, c.348, s.123.
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Adjudications
124 At the time and place mentioned in the summons, or at any other time and place to which the hearing may be adjourned, the claimant may appear and adduce evidence before the justice to show cause why such liquor or any part thereof should not be forfeited to Her Majesty; and the justice shall receive such evidence, and such other evidence as may be adduced both on behalf of the claimant and on behalf of Her Majesty, in the same manner as upon a complaint or information made under this Act. The onus of proof shall be upon the claimant.
R.S.S. 1940, c.279, s.124; R.S.S. 1953, c.348, s.124.
Disposition of liquor
125(1) If no cause or no sufficient cause is shown to the contrary, the justice shall order that such liquor and the packages containing the same shall be forfeited to Her Majesty (form P).
(2) If the justice is satisfied by evidence, the onus as to which shall be upon the claimant, that no violation of this Act has been committed or was intended to be committed in respect of such liquor and finds that the claim of the claimant is established, he shall order that the liquor be restored to the owner entitled thereto.
R.S.S. 1940, c.279, s.125; R.S.S. 1953, c.348, s.125.
Forfeiture
126 Unless, within the time limited by section 123 for so doing, the notice and supporting material therein mentioned are lodged with the board, the liquor and the packages containing the same shall be forthwith forfeited and shall be conclusively deemed to be forfeited to Her Majesty, and a certificate of forfeiture signed by the chairman of the board shall, without proof of signature, be in all courts prima facie evidence that the notice and accompanying material were not so lodged.
R.S.S. 1940, c.279, s.126; R.S.S. 1953, c.348, s.126.
No property in liquor seized
127 Notwithstanding anything hereinbefore contained no person who, or whose partner or agent, or one of whose relations living with him is convicted of a violation of this Act shall be permitted to set up any claim to or right of property in any liquor or packages theretofore seized or to dispute the legality of any seizure.
R.S.S. 1940, c.279, s.127; R.S.S. 1953, c.348, s.127.
Liquor shipped in fictitious name, evidence of intention to sell unlawfully
128 If it appears to the justice that such liquor or any part thereof was consigned to some person in a fictitious name, or was shipped as other goods, or was covered or concealed in such a manner as would probably render discovery of the nature of the contents of the vessel, cask or package in which the same was contained more difficult, it shall be prima facie evidence that the liquor was intended to be sold or kept for sale or to be kept in contravention of this Act, or was bought or obtained in contravention of this Act.
R.S.S. 1940, c.279, s.128; R.S.S. 1953, c.348, s.128.
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Disposal of liquor forfeited
129 All liquor forfeited to Her Majesty shall be sold or otherwise disposed of as the board under the regulations may direct.
R.S.S. 1940, c.279, s.129; R.S.S. 1953, c.348, s.129.
Invoice forwarded
130 When an officer seizes liquor under any of the provisions of this Act, he shall immediately invoice the same and forward the invoice to the board. All such liquor shall be subject to the order of the board.
R.S.S. 1940, c.279, s.130; R.S.S. 1953, c.348, s.130.
PROSECUTIONS
Institution
131 Prosecutions for offences created by this Act shall be instituted within six months after the commission of the alleged offence.
R.S.S. 1940, c.279, s.131; R.S.S. 1953, c.348, s.131.
Description of offence
132(1) The description of any offence under this Act in the words of the Act, or in words of like effect, shall be sufficient in law; and any exception, exemption, proviso, excuse or qualification whether it does or does not accompany the description of the offence in this Act may be proved by the defendant, but need not be specified or negatived in the information or proved by the informant or complainant.
(2) In any proceeding under this Act against a corporation it shall not be necessary for the prosecutor to prove the fact of incorporation.
R.S.S. 1940, c.279, s.132; R.S.S. 1953, c.348, s.132.
Burden of proof
133 The burden of proving the right to have, keep, sell or give liquor, or of proving the good faith of a prescription, shall be on the person accused of improperly or unlawfully having, keeping, selling, giving or prescribing liquor.
R.S.S. 1940, c.279, s.133; R.S.S. 1953, c.348, s.133.
Amendment of information
134(1) In a prosecution for violation of the provisions of this Act, in the event of a variance between the information and the evidence adduced in support thereof, the justice hearing the case may amend the information and may substitute for the offence charged therein any other offence against the provisions of this Act.
(2) If it appears that the person charged has been materially misled by such variance, he shall be granted an adjournment of the hearing if he applies therefor.
R.S.S. 1940, c.279, s.134; R.S.S. 1953, c.348, s.134.
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Describing offences in information
135 In describing offences respecting the sale or other information disposal of liquor or the keeping or the consumption of liquor in any information, summons, conviction, warrant or proceeding under this Act, it shall be sufficient to state the sale, disposal, keeping or consumption of liquor simply, without stating the name or kind of liquor or the price thereof or the name of any person to whom it was sold or disposed of or by whom it was consumed; and it shall not be necessary to state the quantity of liquor sold, disposed of, kept or consumed except in the case of offences where the quantity is essential, and then it shall be sufficient to allege the sale or disposal or more or less than such quantity as the case requires.
R.S.S. 1940, c.279, s.136; R.S.S. 1953, c.348, s.135.
Criminal Code to apply
136(1) The provisions of the Criminal Code relating to summary convictions and to extra-ordinary remedies apply mutatis mutandis to proceedings under this Act.
Forms
(2) The forms set out in the first schedule to this Act, or forms to the like effect, shall be sufficient in the cases therein respectively provided for, and when no forms are prescribed by the schedule they may be framed in accordance with the provisions of the Criminal Code relating to summary convictions.
R.S.S. 1940, c.279, s.137; R.S.S. 1953, c.348, s.136.
Proof of previous convictions
137 A previous conviction may be proved prima facie by the production of a certificate purporting to be under the hand of the convicting justice or the clerk of the court to whose office the conviction has been returned, or by the certificate of the Attorney General, without proof of signature or official character and without proof of the identity of the person charged with the person named in such certificate.
1945, c.102, s.10; R.S.S. 1953, c.348, s.137.
Conviction for several offences
138(1) Convictions for several offences may be made under this Act although the offences have been committed on the same day; but the increased penalty or punishment hereinbefore imposed shall be incurred or awarded only in the case of offences committed on different days and after information laid for a first offence.
(2) Where the penalty which may be imposed on a conviction for a second or subsequent offence against this Act is greater than for a first offence, a conviction under The Liquor Act, 1925, The Liquor Act, chapter 232 of The Revised Statutes of Saskatchewan, 1930, or The Liquor Act, chapter 279 of The Revised Statutes of Saskatchewan, 1940, shall as respects the imposition of the penalty be deemed a first conviction for a like offence under this Act.
R.S.S. 1940, c.279, s.139; R.S.S. 1953, c.348, s.138.
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Maximum penalty
139(1) Where in any section of this Act any penalty is provided by way of fine or imprisonment and no minimum sum of money or period of time is set out in such section, the amount of the fine or the term of imprisonment so provided shall be the maximum penalty which may be imposed, and the sentence may, in the discretion of the justice delivering the same, be for any smaller amount or any shorter term, provided that the same is not less than one-half of the maximum fine or term of imprisonment so provided.
(2) Where the penalty required to be imposed by any section of this Act includes imprisonment in addition to a fine, the offender, if a corporation, is, if no other special provision is made, liable to a fine of not less than the maximum fine imposed by such section nor more than double the amount of such fine.
R.S.S. 1940, c.279, s.140; R.S.S. 1953, c.348, s.139.
Notice of conviction
140 Every justice of the peace, by or before whom any person is convicted of an offence against this Act, shall forthwith forward a notice of the conviction in duplicate to the Attorney General (form Q).
R.S.S. 1940, c.279, s.141; R.S.S. 1953, c.348, s.140.
APPEALS AND CERTIORARI
Appeals
141(1) Subject to the provisions of section 143, an appeal lies from any order or conviction by a justice hereunder, including an order dismissing an information or complaint for any offence against this Act and also an order under section 125.
(2) The appeal shall be to the Court of Queen’s Bench and may be heard at any sitting of the court, with or without a jury, in the judicial district in which the cause of complaint arose, except a sitting held for the purpose of hearing matrimonial causes.
(3) The appellant shall give notice of his intension to appeal:
(a) by filing in the office of the local registrar of the court appealed to, a notice in writing setting forth with reasonable certainty the conviction or order complained of and the court appealed to; and
(b) by serving the respondent, the justice who tried the case, or, in lieu of such respondent or justice, such other person or persons as a judge of the court appealed to may ex parte direct, and also, where the appeal is against a conviction, the Attorney General, each with a copy of such notice.
(4) Such filing and service shall be made within fifteen days of the making of the conviction or order complained of, or within such further time, not exceeding an additional twenty days, as a judge of the court appealed to may see fit on ex parte application to allow, either before or after the expiration of the fifteen days.
(5) Save as otherwise provided in this section the provisions of the Criminal Code relating to summary convictions apply to such appeal, but in no case shall it be necessary for a prosecutor who is appealing to furnish security.
R.S.S. 1940, c.279, s.142; 1945, c.102, s.11; 1953, c.106, s.28; R.S.S. 1953, c.348, s.141.
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Appeal by stated case
142 An appeal also lies by way of case stated from a conviction or order made by a justice hereunder, and the provisions of the Criminal Code relating to summary convictions and the rules of court framed thereunder and applicable to stated cases apply to such case, save that:
(a) the time for applying for such case shall be within fifteen clear days from the date of the proceeding questioned;
(b) where the applicant is an accused person, any notice required to be served on the respondent shall, within the time limited for such service, be served also on the Attorney General;
(c) where application for a case is made on behalf of a prosecutor by the Attorney General, it shall not be necessary to enter into a recognizance or to furnish any security.
R.S.S. 1940, c.279, s.143; R.S.S. 1953, c.348, s.142.
Appeal by stated case 143(1) Except in case of an appeal from the dismissal of an information under this Act, no appeal lies either under section 141 or under section 142, unless the appellant, within the time limited for giving notice of such appeal, deposits with the justice who tried the case, an affidavit that he did not, by himself or by his agent, servant or employee or any other person with his knowledge or consent, commit the offence charged in the information.
(2) Such affidavit shall negative the charge in the terms used in the conviction, and shall further negative the commission of the offence by the agent, servant or employee of the accused or any other person with his knowledge or consent; and shall be transmitted with the conviction to the court to which the appeal is given.
(3) No justice, making a conviction for violation of any of the provisions of this Act, shall transmit the conviction to the appellate court unless the affidavit required by subsection (1) has been deposited with him; and, unless such affidavit is deposited within the time limited by the said subsection, any notice of appeal or other proceeding respecting appeal which is given or taken shall be null and void; and the justice shall proceed in respect of the conviction as if no such notice of appeal had been given or proceeding taken.
R.S.S. 1940, c.279, s.144; R.S.S. 1953, c.348, s.143.
Affidavit of merits on certiorari144(1) No writ of certiorari in aid of habeas corpus or otherwise shall issue for the purpose of quashing a conviction for any violation or contravention of any of the provisions of this Act unless the party applying therefor produces to the judge to whom the application is made an affidavit that he did not, by himself or by his agent, servant or employee or by any other person with his knowledge or consent, commit the offence for which he has been convicted.
(2) The affidavit shall negative the charge in the terms used in the conviction, and shall further negative the commission of the offence by the agent, servant or employee of the accused or by any other person with his knowledge or consent.
R.S.S. 1940, c.279, s.145; R.S.S. 1953, c.348, s.144.
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Where less than minimum penalty imposed
145(1) If in any case, whether owing to inadvertence or to any other cause whatever, a justice has, in a conviction or order for any offence against this Act, imposed a penalty less than the minimum provided by this Act for the offence, or if he has suspended or purported to suspend the operation of any part of such penalty, a notice of motion may be served upon such justice and upon the respondent, unless a judge of the Court of Queen’s Bench on application ex parte otherwise orders, returnable before a judge of the Court of Queen’s Bench in chambers, requiring all persons upon whom the notice is served to show cause why the conviction or order should not be amended so as to impose a penalty not less than the minimum provided by this Act.
(2) Upon such motion the conviction or order shall in no case be quashed, but the judge may exercise any option which was open to the justice in respect of the penalty to be imposed, and the costs of and incidental to the motion shall be in the discretion of the judge.
(3) When an amendment is made as provided in subsection (2) the judge shall issue such warrant or other process as may be necessary for enforcing the amended conviction or order.
R.S.S. 1940, c.279, s.146; R.S.S. 1953, c.348, s.145.
Conviction not void through defects in form
146 No conviction or warrant enforcing the same or other process or proceeding under this Act shall be held insufficient or invalid by reason of any variance between the information and conviction, or by reason of any other defect in form or substance, provided:
(a) it can be understood from such conviction, warrant, process or proceeding that the same was made for an offence against some provision of this Act within the jurisdiction of the justice who made or signed the same; and
(b) there is evidence to prove such offence.R.S.S. 1940, c.279, s.147; R.S.S. 1953, c.348, s.146.
Applications to quash conviction
147(1) Upon any application to quash such conviction or warrant enforcing the same or other process or proceeding, whether in appeal or upon habeas corpus, by way of certiorari or otherwise, the court or judge to whom the appeal is made, or to which such application has been made upon habeas corpus or by way of certiorari or otherwise, shall dispose of the appeal or application upon the merits, notwithstanding any variance or defect referred to in section 146.
(2) In all cases where it appears that the merits have been tried and that the conviction, warrant, process or proceeding is sufficient and valid under section 146 or otherwise, such conviction, warrant, process or proceeding shall be affirmed, and the court or judge may in any case amend the same if necessary; and any conviction, warrant, process or proceeding so affirmed or affirmed and amended, shall be enforced in the same manner as convictions affirmed on appeal, and the costs thereof shall be recoverable as if originally awarded.
R.S.S. 1940, c.279, s.148; R.S.S. 1953, c.348, s.147.
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Powers of court or judge
148 If it appears to the court or judge that there has been a defect or irregularity in the service of process or in the procedure upon which the conviction is founded, or that there had been an absence of service, the court or judge may nevertheless, instead of quashing the conviction, hear and determine the charge or complaint on which the conviction has been had or made, upon the merits, and:
(a) confirm, reverse or modify the decision of the justice; or
(b) make such other conviction or order as seems just, and by such order exercise any power which the justice might have exercised; and
(c) make such order as to costs as is deemed expedient; or he may remit the conviction to the justice with such directions as are mentioned in section 149, and thereupon the justice shall rehear the case accordingly.
R.S.S. 1940, c.279, s.149; R.S.S. 1953, c.348, s.148.
Remitting the case to justice
149 If it appears to the court or judge that the justice to before whom any complaint or other proceeding under this Act was heard or taken refused to receive evidence which might have been material, the court or judge, instead of quashing the conviction or other proceeding, may remit the same to the justice with directions to rehear the case and with such other directions as the court or judge thinks proper, and the justice shall rehear the case accordingly.
R.S.S. 1940, c.279, s.150; R.S.S. 1953, c.348, s.149.
Saving operation of the Code150 Nothing contained in sections 146 to 149 prevents the operation of any provision of the Criminal Code or of any Act which would otherwise apply, but this section shall not be construed to confer any right of appeal which is not expressly given by this Act, and every appeal from a conviction or order made hereunder shall be taken, heard and determined in the manner provided for by this Act and not otherwise.
R.S.S. 1940, c.279, s.151; R.S.S. 1953, c.348, s.150.
Notice of motion to quash
151 No motion to quash a conviction or order made under this Act shall be heard by the court or judge to which the application is made unless notice of such motion has been served within twenty days of the date of the conviction or order. The Attorney General shall be a necessary party to be served.
R.S.S. 1940, c.279, s.152; R.S.S. 1953, c.348, s.151.
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EVIDENCE
Certificate of analyst
152(1) The Lieutenant Governor in Council may appoint any person as an analyst for the purpose of analysing liquor under this Act and may prescribe the form of the certificate of analysis to be issued by any person so appointed and the fee to be paid to him upon the issue of each certificate.
(2) In every prosecution under this Act a certificate of analysis purporting to be signed by any person appointed an analyst for the purpose of analysing liquor shall be accepted as prima facie evidence of the facts stated therein and of the authority of the person issuing the certificate without proof of appointment or signature.
19,19, c.108, s.8; R.S.S. 1953, c.348, s.152.
Appliances of liquor trade
153(1) Any home, shop, room or other place in which it is proved that there exists a bar, counter or beer pump, or any other appliances or preparations similar to those usually found in places where liquors are accustomed to be sold or trafficked in, shall, in any prosecution, he deemed to be a place in which liquors are kept or had for the purpose of being sold, bartered or traded in, in contravention of this Act, unless the contrary is proved; and the occupant, or person who appears to he the occupant or keeper of such house, shop, room or other place, shall be taken to be the person who has or keeps therein liquor for sale, traffic or barter therein.
(2) Where liquor is found in any place, whether a dwelling house or not, proof of the having in or near such place, of labels, corks, capsules, bottling or corking machines or any thing capable of being used in mixing, blending, flavouring or bottling liquor, shall be prima facie evidence that such liquor was kept for the purpose of sale contrary to the provisions of this Act; and the occupant of such place, as well as the owner or the liquor, shall be deemed prima facie to have kept such liquor for the purpose of sale, contrary to such provisions.
R.S.S. 1940, c.279, s.154; R.S.S. 1953, c.348, s.153.
Proof of contravention
154 In proving the purchase, sale or gratuitous or other disposal or consumption of liquor for the purposes of any proceeding relative to an offence under this Act, it shall not be necessary to show that money passed or that liquor was it at any place where it carries on business; provided that service in any other way may be deemed sufficient if the justice or court or judge by or before whom such summons, writ, warrant, order or other proceeding was issued or is returnable, or by or before whom any proceeding is to be had or taken, is of opinion that the service has been such as to bring the summons, warrant, writ, order or other proceeding to the notice of the corporation.
R.S.S. 1940, c.279, s.156; R.S.S. 1953, c.348, s.154.
Precise description unnecessary
155(1) In a prosecution for the sale or other disposal of liquor in contravention hereof, it shall not be necessary that any witness dispose directly to the precise description of the liquor sold or bartered or the precise consideration therefor.
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(2) In a prosecution against a corporation, every summons, writ, warrant, order or other proceeding may, in addition to any other manner of service which may be provided or authorized by law, be served on the corporation by delivering the same to an officer, attorney, agent or representative in Saskatchewan of the corporation, by whatever name such representative may be known, or by leaving it at any place where it carries on business; provided that service in any other way may be deemed sufficient if the justice or court or judge by or before whom such summons, writ, warrant, order or other proceeding was issued or is returnable, or by or before whom any proceeding is to be had or taken, is of opinion that the service has been such as to bring the summons, warrant, writ, order or other proceeding to the notice of the corporation.
R.S.S. 1940, c.279, s.156; R.S.S. 1953, c.348, s.155.
Proof of unlawful keeping for sale
156 In any proceeding under this Act, proof of one unlawful sale of liquor shall suffice to establish the intent or purpose of unlawfully keeping liquor for sale in violation of this Act, and where the sale is by an agent or employee it shall be deemed, until the contrary is conclusively proven, that such agent or employee was acting within the scope of his authority or employment.
R.S.S. 1940, c.279, s.157; R.S.S. 1953, c.348, s.156.
INTERDICTION
Interdiction
157 When complaint under oath is made to a justice that any person by excessive drinking of liquor misspends, wastes or lessens his estate or greatly injures his health or endangers or interrupts the peace or happiness of his family, the justice shall institute proceedings, under the provisions of the Criminal Code relating to summary convictions, against such person, and on finding the complaint well founded shall by order (form R) forbid such person to have or consume liquor for the space of two years.
R.S.S. 1940, c.279, s.158; R.S.S. 1953, c.348, s.157.
Notice
158(1) Immediately after granting the order provided for in section 157, the justice making the same shall transmit a copy thereof to the board.
(2) The board shall, forthwith upon receipt of the copy, send notice of the order (form S) to all stores in the locality where the interdict lives, and the vendor of every such store shall keep posted on a notice board in the store a list of all persons so interdicted; but it shall not be necessary for a vendor to keep the name of any person posted after the expiration of two years from the date of the interdiction order.
R.S.S. 1940, c.279, s.159; R.S.S. 1953, c.348, s.158.
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Supplying interdict with liquor
159 When the having or consuming of liquor by any with liquor person has been prohibited, any one with a knowledge of the prohibition who gives, sells, purchases or procures any liquor to, for or on behalf of such interdicted person or for his or her use during the period of the prohibition, is guilty of an offence and liable on summary conviction for every such offence to a fine of not less than $50 nor more than $200, and in default of payment to not less than two nor more than twelve months’ imprisonment.
R.S.S. 1940, c.279, s.160; R.S.S. 1953, c.348, s.159.
Interdict obtaining liquor
160(1) An interdicted person who directly or indirectly has in his possession or procures or permits the sale, disposal, gift or delivery to him of intoxicating liquor during the period of interdiction, is guilty of an offence and liable on summary conviction to a fine of not more than $50, and in default of payment to imprisonment for not more than one month.
(2) In such case it shall not be necessary in any proceeding to state the name of the person from whom the liquor has been procured, or by whom the sale, disposal, gift or delivery of liquor has been made.
R.S.S. 1940, c.279, s.161; R.S.S. 1953, c.348, s.160.
Examination of interdict
161(1) In any prosecution or proceedings under the intersections relating to interdiction, no interdicted person required to be examined as a witness shall be excused from being so examined, or from answering any question put to him, touching the sale or delivery to him of liquor, on the ground that his evidence will tend to criminate himself.
(2) A person so required to be examined as a witness, who refuses to make oath accordingly or to answer any such question, shall be subject to be dealt with in all respects as a person appearing as a witness before any justice or court, and refusing without lawful cause or excuse to be sworn or give evidence, may by law be dealt with.
(3) A person so required to be examined as a witness, who, upon examination, makes true disclosure to the best of his knowledge of all things as to which he is examined, shall receive from the justice before whom the proceeding is had, a certificate in writing to that effect, and shall be freed from all prosecutions and from all penalties and punishments to which he has become liable for anything done before that time under the provisions of section 160 in respect of the matters regarding which he has been examined.
(4) Any prosecution or proceeding pending or brought against such witness under the provisions of section 160 in respect of any matter regarding which he has been so examined, shall be stayed upon the production and proof of such certificate if the certificate states that the witness made a true disclosure in respect of all things as to which he was examined.
R.S.S. 1940, c.279, s.162; R.S.S. 1953, c.348, s.161.
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Power to set aside interdiction
162(1) An interdicted person may, at any time during interdiction the period of interdiction, apply to the judge of the district court of the judicial district in which he resides to set aside the interdicting order; and the judge may, upon hearing the applicant and any witnesses either viva voce or upon affidavit, set aside the order or dismiss the application as in his discretion seems best.
(2) Ten clear days’ notice of intention so to apply shall be served upon the justice who gave the order and upon the person who made the complaint, and also upon such other person or persons as the judge directs.
R.S.S. 1940, c.279, s.163; R.S.S. 1953, c.348, s.162.
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PART V
Submission to Electors
VOTES TO BE TAKEN BY MUNICIPALITIES
Persons entitled to vote
163(1) The persons entitled to vote in a municipality upon a question submitted under this Part shall be the electors of the municipality.
(2) The voters’ list for a vote upon a question submitted under this Part shall be the last revised voters’ list of the municipality in which the vote is to be taken.
R.S.S. 1940, c.279, s.164; 1953, c.106, s.30; R.S.S. 1953, c.348, s.163.
Majority to decide
164 When a vote is taken on the question of establishing or not establishing, or of continuing or not continuing, a store or stores, the majority of votes, as shown on the writ returned to the Clerk of the Executive Council, shall decide the question.
R.S.S. 1940, c.279, s.166; 1949, c.108, s.10; 1953, c.106, s.32; R.S.S. 1953, c.348, s.164.
Issue of writ
165 If a petition against the establishment of a store or for the discontinuance of an existing store is received by the board at any time the board shall forthwith forward the petition to the Clerk of the Executive Council, and the Lieutenant Governor in Council shall issue a writ in form T for taking a vote upon the question.
1953, c.106, s.33; R.S.S. 1953, c.348, s.165.
Forwarding of writ
166 The writ shall be addressed and forwarded by registered mail by the Clerk of the Executive Council to the clerk of the municipality, by his name of office, and shall require the votes of the electors to be taken upon the day and during the hours appointed by law for holding the municipal elections or upon such other day and between such hours as may be deemed expedient.
1953, c.106, s.33; R.S.S. 1953, c.348, s.166.
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Cote at time other than election time
167 When the vote is to be taken at a time other than that appointed for the municipal elections, the clerk of the municipality shall be the returning officer, shall appoint the necessary deputy returning officers and other officials and shall make such other arrangements as may be required for taking the vote; and all expenses incurred in connection therewith shall be paid by the board, on vouchers certified by the municipal clerk, at rates determined by the Lieutenant Governor in Council.
R.S.S. 1940, c.279, s.169; R.S.S. 1953, c.348, s.167.
Voting on municipal election day
168(1) When the vote is to be taken on the day election day appointed for the municipal elections, the returning officers, deputy returning officers, poll clerks and other officials appointed for the purposes of the municipal elections, shall act in the same capacity and perform the same duties for the purposes of, and in connection with, the vote taken under this Act; and the same ballot boxes and polling booths shall be used for the purpose of the vote as are used for the election.
(2) If, by reason of the return of one or more members of a municipal council by acclamation or for any other cause, no election is to be held in a municipality or in a ward or division thereof, the municipal council shall nevertheless appoint the necessary officers and make such other arrangements as may be required for taking the vote, and all expenses incurred in connection therewith shall be paid by the board on vouchers certified by the municipal clerk, at the rates allowed by the council for similar services in municipal elections.
R.S.S. 1940, c.279, s.170; R.S.S. 1953, c.348, s.168.
Returning officer
169 If the returning officer appointed for the municipal election is not the municipal clerk, the clerk shall deliver the writ to the returning officer, who shall perform all the duties, exercise all the power and authority and be subject to all the liabilities and responsibilities of a returning officer for a vote to be taken hereunder in the same manner as if the writ had been addressed to him.
R.S.S. 1940, c.279, s.171; R.S.S. 1953, c.348, s.169.
Notice to be published
170(1) The Clerk of the Executive Council shall forthwith upon the issue of the writ:
(a) publish in the Gazette a notice of the same, naming the municipality in which the vote is to be taken and stating the question submitted (form U);
(b) cause to be inserted in every newspaper published in the municipality, or if there is no newspaper so published in at least one newspaper circulating therein, a notice of the taking of the vote and stating the question submitted (form U);
(c) cause to be forwarded to the clerk of the municipality, in which a vote is to be taken, a printed notice, in such numbers as he may deem necessary, of the vote to be taken (form U).
(2) On receipt of a notice under subsection (1) the municipal clerk shall immediately post the same in his office.
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(3) A municipal clerk who fails to post the notice as required by subsection (2) and every person who removes, destroys or defaces such notice after it has been posted and before the close of the poll, is guilty of an offence and liable on summary conviction to a fine of $25 and in default of payment to imprisonment for ten days.
R.S.S. 1940, c.279, s.172; 1953, c.106, s.14; R.S.S. 1953, c.348, s.170.
Municipal Acts to govern
171 For the purpose of taking the vote, all the provisions of the appropriate municipal Acts respecting the election of members of the municipal council apply, with the necessary modifications, to the proceedings, to the rights, powers, duties, obligations and liabilities of returning officers and other officials and of electors, and with regard to offences and penalties, except in so far as otherwise provided by this Act or as varied regulations made thereunder.
R.S.S. 1940, c.279, s.173; R.S.S. 1953, c.348, s.171.
Voting by ballot and form of ballot
172(1) The voting shall be by ballot, and each voter shall indicate his vote by marking the ballot in accordance with the published directions to voters.
(2) The ballot shall be in form with such variations as circumstances may require, and shall be printed on paper of a distinctive colour.
R.S.S. 1940, c.279, s.174; R.S.S. 1953, c.348, s.172.
Preparation of ballots
173 The ballots shall he prepared by the Queen’s Printer, and shall be forwarded by the Clerk of the Executive Council in sufficient numbers to the municipal clerk, together with such forms, notices and instructions as the Lieutenant Governor in Council may prescribe. The clerk, where not himself the returning officer, shall hand the ballots, forms, notices and instructions to the returning officer.
R.S.S. 1940, c.279, s.175; 1953, c.106, s.35; R.S.S. 1953, c.348, s.173.
Directions for guidance of voters
174(1) The Clerk of the Executive Council shall prepare directions for the guidance of voters and submit the same for approval to the Lieutenant Governor in Council.
(2) He shall, when such directions have been approved, cause the same to be printed in conspicuous characters and in such numbers s he deems sufficient; and he shall forward the same to the clerk of the municipality in which a vote is to be taken, to be posted as provided by section 175.
R.S.S. 1940, c.279, s.176; 1953, c.106, s.36; R.S.S. 1953, c.348, s.174.
Posting directions
175 Every deputy returning officer shall before the opening of the poll, cause the said printed directions to be placarded outside the polling place and also in every voting compartment of the polling place, and shall see that they remain placarded until the close of the poll.
R.S.S. 1940, c.279, s.177; R.S.S. 1953, c.348, s.175.
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Where no returning officer
176 In villages and in towns where no deputy returning officer is appointed the returning officer shall perform the duties of a deputy returning officer and shall be responsible therefor.
R.S.S. 1940, c.279, s.178; R.S.S. 1953, c.348, s.176.
Bible
177 Every deputy returning officer before the opening of the poll shall furnish himself with a copy of the Bible or of the New Testament for the purpose of administering oaths.
R.S.S. 1940, c.279, s.179; R.S.S. 1953, c.348, s.177.
Oath of office and secrecy
178 Every returning officer, deputy returning officer, poll clerk, constable and other officer shall, before entering upon the duties of his office, make and subscribe an oath (form W).
R.S.S. 19:10, c.279, s.180; R.S.S. 1953, c.348, s.178.
Oath of agent
179 Every agent authorized to be present at any polling place, before exercising at the polling place any rights or privileges which he may possess as such agent, shall take and subscribe before a justice of the peace, notary public or commissioner for oaths, or before the deputy returning officer an oath (form X).
R.S.S. 1940, c.279, s.181; R.S.S. 1953, c.348, s.179.
THE POLL
Oath of voter
180(1) Every voter shall, if required to do so by any person entitled to be present in the polling place during the voting, take the oath in form Y before the returning officer or deputy returning officer, as the case may be.
(2) A person who votes without possessing the requisite qualifications is guilty of an offence and liable on summary conviction to fine of $50 and costs.
R.S.S. 1940, c.279, s.182; R.S.S. 1953, c.348, s.180.
Record of votes
181 The deputy returning officer shall in the poll book, a record of all persons who and if a voter takes the oath or the deputy or the poll clerk shall enter opposite the voter’s name in a column in the poll book the word “sworn” or “affirmed’’, according to the fact.
R.S.S. 1940, c.279, s.183; R.S.S. 1953, c.348, s.181.
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Persons refusing to swear
182 When a voter is required to take the oath but refuses to do so, the deputy returning officer or the poll clerk shall enter opposite the name of such person in the proper column on the record sheet the words “refused to swear”, and such person shall not be allowed to vote but shall be required to leave the polling booth immediately and shall not be allowed again to enter the same on the day of the voting for any purpose whatever.
R.S.S. 1940, c.279, s.184; R.S.S. 1953, c.348, s.182.
Appointment of agents
183 Every returning officer shall, by writing under his hand, appoint from among the applicants for such appointment or on behalf of persons applying to have such appointments made, two agents to attend at each polling station during the voting and to act as scrutineers at the final summing up of votes on behalf of those desirous of obtaining an affirmative answer to the question, and two agents so to attend on behalf of those desirous of obtaining a negative answer, but no such agents shall be entitled to any remuneration from the public treasury or from the municipality.
R.S.S. 1940, c.279, s.185.; R.S.S. 1953, c.348, s.183
Declaration by agents
184 Before an agent so appointed enters upon his duties as agent, he shall make and subscribe before the returning officer or any deputy returning officer, a declaration to the effect that he is interested in and desirous of obtaining an affirmative or negative answer, as the case may be, to the question, which declaration may be in form Z.
R.S.S. 1940, c.279, s.186; R.S.S. 1953, c.348, s.184.
Agents to produce appointments
185 Every person so appointed, before being admitted to the polling station or to the final summing up of the votes, shall produce to the deputy returning officer his written appointment.
R.S.S. 1940, c.279, s.187; R.S.S. 1953, c.348, s.185.
Electors may act as agents in certain cases
186 If no person has been so appointed to attend at any polling station or at the final summing up of the votes, or in the absence of any person so appointed, any electors, not exceeding two in the same interest, may, upon making and subscribing a declaration to the above effect before the deputy returning officer or the returning officer, be admitted to the polling station or to the final summing up of the votes, as agents on behalf of that interest.
R.S.S. 1940, c.279, s.188; R.S.S. 1953, c.348, s.186.
Provisions of municipal Acts to apply
187 When it is provided in The City Act, The Town Act or The Village Act that anything may or shall be done in the presence of or by the candidate or his agent, such provision shall, as applied to proceedings under this Act, be taken to refer to agents appointed in the manner aforesaid.
R.S.S. 1940, c.279, s.189; 1953, c.106, s.37; R.S.S. 1953, c.348, s.187.
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PROCEDURE ON CLOSE OF POLL
Scrutiny conducted by deputy returning officer
188(1) The result of the poll shall be ascertained by a scrutiny to be conducted by the deputy returning officer, in the presence of agents, if any, appointed in the manner hereinbefore provided.
(2) The scrutiny shall commence forthwith after all proceedings connected with any municipal or other vote taken at the same time have been completed.
(3) All the proceedings at the scrutiny shall be subject to the inspection of the said agents.
R.S.S. 1940, c.279, s.190; R.S.S. 1953, c.348, s.188.
Procedure at scrutiny
189 At the scrutiny the procedure shall be as follows:
(a) the ballots cast upon the question submitted shall be separated from those cast for the election of municipal officers or in any other voting which may be held at the same time, and shall be returned to the ballot box until the latter have been counted;
(b) after the ballots for the election of municipal officers or cast in such other voting, if any, have been counted, the ballots on the question submitted shall immediately be examined and counted one at a time as they are taken from the ballot box, and shall be either allowed or rejected;
(c) all spoiled ballots shall be rejected and their number recorded, and they shall be placed in a separate envelope and securely sealed;
(d) all allowed ballots shall be counted and a record of them taken, when all affirmative ballots shall be placed in a separate envelope and securely sealed, and all negative ballots shall be placed in a separate envelop and securely sealed.
R.S.S. 1940, c.279, s.191; R.S.S. 1953, c.348, s.189.
Ballots and statement sent to returning officer
190 The deputy returning officer shall forthwith after completing the scrutiny of the ballots, forward to the returning officer:
1 A parcel, sealed, containing the envelopes referred to in clauses (c) and (d) of section 189;
2 A separate parcel, securely sealed, containing a statement in writing signed by him, showing:
(a) the number of votes in the affirmative;
(b) the number of votes in the negative;
(c) the number of ballot papers rejected as spoiled.R.S.S. 1940, c.279, s.192; R.S.S. 1953, c.348, s.190.
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Copy statement furnished to agents
191 The deputy returning officer shall, upon completion of the scrutiny and before leaving the polling furnish a signed copy of the last mentioned statement to one agent representing each side of the question.
R.S.S. 1940, c.279, s.193; R.S.S. 1953, c.348, s.191.
Spoiled ballots
192 A ballot shall be rejected if:
(a) not authenticated by initials of the deputy returning officer; or
(b) no vote is indicated upon it; or
(c) more than one vote is so indicated; or
(d) it bears a mark by which the voter might be identified.R.S.S. 1940, c.279, s.194; R.S.S. 1953, c.348, s.192.
Returning officer to endorse and transmit writ to Executive Council
193 The returning officer, after he has received from each deputy returning officer the statement mentioned in paragraph 2 of section 190, shall endorse on the writ a statement certifying:
(a) the number of votes in the affirmative;
(b) the number of votes in the negative; and
(c) the number of ballots rejected as spoiled;
and shall, within ten days after the holding of the vote, transmit to the Clerk of the Executive Council, by registered mail or express prepaid, a parcel securely sealed containing all ballots cast at the voting, and in an envelope mailed and registered separately the writ as endorsed.
R.S.S. 1940, c.279, s.195; R.S.S. 1953, c.348, s.193.
Statement of voting’ to be published in Gazette194(1) The Clerk of the Executive Council shall prepare, from the returns endorsed on the writ, a statement of the number of votes in the affirmative, of the number of votes in the negative, and of the number of ballots rejected as spoiled, shall sign the statement and shall publish a copy of the same in the Gazette within thirty days after the holding of the vote, unless in the meantime he receives an application for a recount, in which case the statement shall be published as herein provided, only after the recount has been completed.
(2) The statement so published shall be conclusive evidence of the result of the vote.
R.S.S. 1940, c.279, s.196; R.S.S. 1953, c.348, s.194.
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RECOUNT
Application for recount
195(1) Any three electors who have voted in a polling subdivision may apply for a recount of the votes there polled, on the ground that the deputy returning officer has improperly counted or rejected ballot papers.
(2) The application shall set forth the reasons for which it is made and shall be in form AA. It shall be forwarded to and received by the Clerk of the Executive Council within twenty days of the day of polling, exclusive of that day.
R.S.S. 1940, c.279, s.197; R.S.S. 1953, c.348, s.195.
Lieutenant Governor in Council to decide
196 On receipt of the application the Lieutenant Governor in Council shall decide whether or not the recount shall be granted.
R.S.S. 1940, c.279, s.198; R.S.S. 1953, c.348, s.196.
Lieutenant Governor in Council to decide
197 The Lieutenant Governor in Council may make regulations for holding the recount, appointing persons to conduct the same and settling their remuneration, assigning a time and place therefor, defining the method of procedure, and generally providing for all necessary details in connection therewith.
R.S.S. 1940, c.279, s.199; R.S.S. 1953, c.348, s.197.
ANNULLING A VOTE
Annulling a vote
198(1) If it is made to appear to the Lieutenant Governor in Council that serious irregularities have occurred in taking the vote in a municipality, substantially affecting the result, the Lieutenant Governor in Council may annul the vote so taken and may direct that the question he again submitted to the electors, and may by regulation make all necessary arrangements for the voting.
(2) The application for an annulment shall be forwarded to and received by the Clerk of the Executive Council within thirty days of the day of the polling, exclusive of that day.
R.S.S. 1940, c.279, s.200; 195:3, c.106, s.38; R.S.S. 1953, c.348, s.198.
CUSTODY OF VOTING PAPERS
Duties of Clerk of Executive Council
199 The Clerk of the Executive Council shall retain in his possession for at least six months and shall then, subject to the approval of the Provincial Archivist and the Legislative Librarian, destroy all documents transmitted to him by a returning officer after the taking of a vote, with the exception of the writ.
1940, c.108, s.12; R.S.S. 1953, c.348, s.199.
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GIVING EFFECT TO THE VOTE
Store to be closed within sixty days after affirmative vote
200 Where the question submitted to the electors is whether a store shall be closed, and a majority of votes is given in the affirmative, the store shall be closed within sixty days from the date of the publication of the statement mentioned in section 194.
R.S.S. 1940, c.279, s.201; R.S.S. 1953, c.348, s.200.
Establishment of store
201 Where the question submitted to the electors is whether a store shall be established, and a majority of votes is given in the affirmative, a store or stores may be established in the municipality.
R.S.S. 1940, c.279, s.202; 1953, c.106, s.19; R.S.S. 1953, c.348, s.201.
Warehouses, bottling plant, etc.
202 The decision of the electors of a municipality that a store shall be closed shall not affect the continuance of any warehouse, cold storage plant or other property as a part of the general liquor system of the province.
R.S.S. 1940, c.279, s.203; 1953, c.106, s.40; R.S.S. 1953, c.348, s.202.
Board’s decision final
203 The decision of the hoard upon the location of a store shall be final.R.S.S. 1910, c.279, s.206; R.S.S. 1953, c.348, s.203.
OFFENCES AND PENALTIES
Municipal clerks
204 A municipal clerk who fails to hand over with all reasonable promptitude to the returning officer appointed for the municipal elections, where such municipal clerk is not himself the returning officer, the writ for taking the vote or the ballots, forms, notices, instructions or other documents forwarded by the Clerk of the Executive Council, is guilty of an offence and liable on summary conviction to imprisonment for one month.
R.S.S. 1940, c.279, s.207; 1953, c.106, s.42; R.S.S. 1953, c.348, s.204.
One vote only
205 No person shall vote more than once at a submission under this Act. A person violating this section is guilty of an offence and liable on summary conviction to a fine of not less than $50 nor more than $100, and in default of payment to imprisonment for not less than fourteen days nor more than one month.
R.S.S. 1940, c.279, s.208; R.S.S. 1953, c.348, s.205.
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Controverted Municipal Elections Act206 The provision of sections 8, 4, 8, 9 and 10 of The Controverted Municipal Elections Act, so far as applicable and not inconsistent with this Act, apply mutatis mutandis to the taking of a vote hereunder.
R.S.S. 1940, c.279, s.207; 1953, c.106, s.43; R.S.S. 1953, c.348, s.206.
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PART VI
Property, Accounts and Finance
PROPERTY
Property to belong to province
207 All whether real or personal, and all moneys acquired, administered, possessed or received by the hoard and all profits earned in the administration of this Act shall belong to the Crown in right of the province.
R.S.S. 1940, c.271, s.210; R.S.S. 1953, c.348, s.207.
LOANS .AND ADVANCE
Loans
208(1) The board may, with the approval of the Provincial Treasurer, borrow money from any chartered bank upon such terms and conditions and with such times of repayment as the board thinks advisable and necessary.
(2) The Lieutenant Governor in Council may from time to time and on such terms and conditions as may be deemed expedient authorize the guarantee by the Provincial Treasurer, on behalf of the Government, of the repayment of all moneys borrowed by the board under the provisions of this section. Such guarantee, when given, shall render the province liable for the repayment of the moneys so borrowed, and shall be conclusive evidence of the liability of the province.
(3) The Provincial Treasurer is hereby authorized to advance out of the consolidated fund such sums as may be necessary for the purpose of discharging, in whole or in part, all or any liabilities of the board so guaranteed. Any moneys so advanced shall be repaid by the board in such amounts and at such times as the Provincial Treasurer may decide, and until paid shall bear interest, for credit to the consolidated fund, at such rate as may be determined by the Provincial Treasurer.
R.S.S. 1940, c.279, s.211; R.S.S. 1953, c.348, s.208.
Bank account
209 All moneys received by the board for the purposes of, or in the administration of, this Act shall be deposited in a chartered bank or banks designated by the Provincial Treasurer to the credit of the board in special accounts.
1945, c.102, s.12; R.S.S. 1953, c.348, s.209.
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Regulations
210 The treasury board shall make regulations concerning:
(a) the keeping of the accounts of the board in conformity with commercial practice;
(b) the matter of dealing with moneys received by vendors as revenue from the sale of liquor and incidental revenues, and depositing the same in chartered banks to be designated by the Provincial Treasurer, and the transfer of such revenues from the banks to the liquor account;
(c) the making of expenditures, by cheque or otherwise, for liquors, wages or salaries, construction and acquisition of buildings, rent, trade fixtures, furnishings or any other purpose in connection with the administration of this Act, and the manner of charging to the accounts of the board all expenditures authorized by this Act or the regulations;
(d) a provision for depreciation of buildings, plant, trade fixtures and furnishings;
(e) the conduct of the audit and the appointment of auditors.R.S.S. 1940, c.279, s.213; R.S.S. 1953, c.348, s.210.
Charges against profits
211 There shall be charged against the profits of the system:
(a) all expenditures incurred in carrying out and enforcing the provisions of this Act;
(b) all other expenditures relating in any manner to the system approved by the treasury board.
R.S.S. 1940, c.279, s.214; R.S.S. 1953, c.348, s.211.
Disposition of profits
212(1) All books and accounts of the system shall be closed and balanced on the thirty-first day of March in each year and a report duly audited shall be submitted by the board to the Provincial Treasurer and by him submitted to the Executive Council.
(2) All books and accounts of the system shall be balanced on the thirtieth day of September in each year with a view to determining the net profit for the first six months of the fiscal year and an interim report, duly audited, shall be submitted by the board to the Provincial Treasurer and submitted by him to the Executive Council.
(3) Upon receipt by the Provincial Treasurer of the board’s reports required under subsections (1) and (2), the Treasury Board shall determine the disposition of the net profits by one or both of the following methods:
(a) setting aside an amount for the creation of a reserve fund to meet any loss which may be incurred by the province if the system or any store is discontinued;
(b) paying an amount to the Provincial Treasurer for deposit in the consolidated fund.
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(4) The board shall pay over to the Provincial Treasurer, upon his requisition, the above amounts or such portion thereof as he may specify.
R.S.S. l H40, c.279, s.215; R.S.S. 1953, c.348, s.212.
Annual statement
213 The board shall publish annually a statement showing its business for the last fiscal year, in such form as may be required by the Treasury Board. Such statement shall accompany the board’s report mentioned in section 223.
R.S.S. 1940, c.279, s.216; R.S.S. 1953, c.348, s.213.
INSURANCE AND BONDS
Insurance
214 The board may cause the property pertaining to the system to be insured against loss by fire or from any other cause.
1940, c.279, s.217; 1958, c.106, s.216; R.S.S. 1953, c.348, s.214.
Bonding of officials
215 All persons employed in the office of the board or in any store who in the course of their employment receive or disburse cash, and such other officials or employees as the board deems advisable, shall be bonded in such sums as may be required by the board for the duly accounting for moneys or goods which come into their hands or under their control.
R.S.S. 1940, c.279, s.218; R.S.S. 1953, c.348, s.215.
GENERAL POWER TO MAKE REGULATIONS
Treasury Board regulations
216 The Treasury Board may make such further regulations with regard to the financial conduct of the system as it deems expedient.
R.S.S. 1940, c 279, s.219; R.S.S. 1953, c.348, s.216.
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PART VII
Miscellaneous ProvisionsForms
217(1) Where forms are mentioned in this Act, the forms referred to are those set out in the first schedule hereto, with such variations as to the circumstances may require.
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(2) The Lieutenant Governor in Council may from time to time alter or amend any form prescribed by this Act or the regulations and may authorize or require the use of new and additional forms.
R.S.S. 1940, c.279, s.220; R.S.S. 1953, c.348, s.217.
Oaths to be taken by board and employees
218(1) Every member of the board, every vendor and such other employees of the board as may be designated by the Lieutenant Governor in Council shall before entering upon the duties of their respective offices take an oath in form BB.
(2) Such oath shall be taken before the Clerk of the Executive Council, a member of the board, a police magistrate, a notary public, a commissioner for oaths or a justice of the peace, and shall be tiled with the Clerk of the Executive Council.
R.S.S. 1940, c.279, s.221; R.S.S. 1953, c.348, s.218.
Ballots to be destroyed
219 If no proceeding is taken which requires the preservation of the ballot papers used in any submission to the electors, the Clerk of the Executive Council may destroy them at the end of six months from the date of the voting.
R.S.S. 1940, c.279, s.222; R.S.S. 1953, c.348, s.219.
Delivery of liquor to and from store
220 It shall be lawful to carry or convey liquor to any store, and to and from any warehouse or depot established the board for the purposes of this Act or any premises referred to in section 66; and when permitted to do so this Act or the regulations, and in accordance therewith, it shall be lawful for a common carrier, or other person, to carry or convey liquor sold by a vendor from a store or beer in closed package, sold by any person licensed to sell the same under this Act, from the premises of the licence to any place to which the same may be lawfully delivered under this Act or the regulations:
Provided that no common carrier or other person, shall open, or break, or allow to be opened or broken, any package or vessel containing liquor, to drink or use, or allow to be drunk or used, any liquor therefrom, while being so carried or conveyed.
R.S.S. 1940, c.279, s.223; R.S.S. 1953, c.348, s.220.
Sacramental wines
221(1) Nothing contained in this Act shall be deemed to precent or to authorize the prevention of the use of wines for sacramental or other religious purposes in accordance with the rites of any church.
(2) Nothing in this Act shall be construed to interfere with the right of the authorities or clergy of any religious body or church to import from without the province wines for sacramental purposes.
R.S.S. 1940, c.279, s.224; R.S.S. 1953, c.348, s.221.
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General intent of Act
222 The purpose and intent of this Act are to prohibit transactions in liquor which take place wholly within the province except under control of the board as herein specifically provided, and every section and provision of the Act shall be construed accordingly. The provisions of this Act dealing with the importation, sale and disposition of liquor within the province through the instrumentality of the board and otherwise provide the means by which such control shall be made effective, and nothing in this Act shall be construed as forbidding, affecting or regulating any transaction which is not subject to the legislative authority of the province.
R.S.S. 1940, c.279, s.226; R.S.S. 1953, c.348, s.222.
Annual report
223 There shall be submitted annually to the Legislative Assembly within the first fifteen days of the session:
(a) the board’s report upon the operation of the system;
(b) a report from the Attorney General containing a record of all convictions under this Act.
R.S.S. 1940, c.279, s.227; R.S.S. 1953, c.348, s.223.
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PART VIII
Licences
HOTEL LICENCES
Interpretation
224 In this Part:
“elector”
1 “elector” means, in a hamlet, a person who would be entitled under The Saskatchewan Election Act to vote at a general election of members to serve in the Legislative Assembly were such election held at the time that a vote under this Part is taken; provided that in lieu of the residence requirements of the said Act the requirements shall be residence in Saskatchewan for at least six months immediately preceding the day on which the notice of intention to apply for a licence, as required by section 226, is received by the board and residence in the hamlet on that day;
“hamlet”
2 “hamlet” means any place not within the boundaries of any city, town or village, which is not more than one-half mile square in area and contains more than five separate buildings used as residences and at least one other building used for any business other than that of agriculture or a railway, and in which there is a resident population of not less than twenty, together with any quarter section of land upon which any of such buildings are situated, and any quarter section contiguous thereto, except such parts of any such quarter sections as are included in any city, town or village.
R.S.S. 1940, c.279, s.235; 1958, c.106, s.45; R.S.S. 1953, c.348, s.224.
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Classes of licences
225(1) Subject to the provisions of this Act and the regulations, the board may:
(a) grant to any person a licence in respect of a hotel kept and operated by him authorizing the licensee to sell beer by the glass or in open bottles, or by the glass and also in open bottles, to persons not disqualified under this Act for consumption in that part of the hotel described in the licence;
(b) grant to any person who is the holder of a licence under clause (a) a further licence authorizing him to sell beer in closed packages to persons not disqualified under this Act, for consumption elsewhere than on the licensed premises.
(2) In subsection (1) “person” means:
(a) a person of the full age of twenty-one years who is a British subject by birth or naturalization and has resided in Canada for at least one year immediately prior to the date of application for a licence; and includes:
(b) a partnership, each of the members of which is qualified as mentioned in clause (a);
(c) a railway corporation in respect to its hotels or any corporation owning and operating hotels in connection with a railway of which the majority stock is owned by a railway corporation:
(d) any other corporation authorized to carry on its business in Saskatchewan which has among its objects the right to operate, conduct or manage a hotel and a majority of whose shareholders are and whose officer or agent in charge of the hotel is personally qualified as mentioned in clause (o).
R.S.S. 1940, c.279, s.236; R.S.S. 1953, c.348, s.225.
Notice of intended application for licence
226 Every person who intends to apply to the board for a licence under clause (a) of subsection (1) of section 225 shall, before filing an application with the board, give to the board sixty days’ notice of such intention and shall also give notice of such intention advertisement, in the prescribed form, preceding the application, in a newspaper published in the municipality or hamlet in which the hotel is situated, or, if no newspaper is published therein, in a newspaper published in the province and circulating in the municipality or hamlet. The advertisement shall be published once in each of three successive weeks and a copy of the newspaper containing the first of such advertisements shall accompany by notice of intention given to the board as required by this section.
R.S.S. 1940, c.279, s.2:37; 1953, c.106, s.46; R.S.S. 1953, c.348, s.226.
Petition for the granting of a licence
227(1) Every person who intends to apply to the board for a licence under clause (a) of subsection (1) of section 225 in respect of a hotel in a municipality or hamlet where no such licence is in existence shall, in addition to the requirements of section 226, forward to the board, together with the notice of intention to apply for a licence, a petition for the granting of such licence signed by not less than twenty-five per cent of the electors of the municipality or hamlet who are actually resident therein.
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(2) Every person who signs a petition shall sign in the presence of an attesting witness and the signatures shall be proved by an affidavit in the prescribed form.
(3) There shall be attached to every petition an affidavit, by one of the signatories, in the prescribed form, to the effect that the deponent has personally satisfied himself that the petition has been signed by at least the required number of duly qualified persons.
(4) A person who wilfully or knowingly signs a petition without possessing the qualifications of a petitioner as required by this Act, is guilty of an offence and liable on summary conviction to a tine not exceeding $100.
(5) For the purpose of a petition under this section for the granting of a licence in respect of a hotel in a hamlet the residence requirements of an elector shall, in lieu of the requirements set forth in paragraph 1 of section 224, he residence in Saskatchewan for at least six months immediately preceding the day on which the elector signs the petition and residence in the hamlet on that day, and all signatures on such petition shall be obtained within one month prior to the filing with the hoard of the notice of intention.
1953, c.106, s.47; R.S.S. 1953, c.348, s.227.
Petition against licences, and issue of writ for vote of electors
228(1) Subject to the provisions of subsection (2), upon receipt of a petition in the prescribed form against the issue in a municipality or hamlet of the licences referred to in clause (a) of subsection (1) of section 225, the board shall forthwith:
(a) publish in the Gazette and in a newspaper or newspapers published or circulating in the municipality hamlet a notice of such petition and that the question will be submitted to a vote of the electors on a day to be determined by the Lieutenant Governor in Council and, where the hotel is situated in a town, village or hamlet, shall cause a copy of the notice to be posted up in any post office therein;
(b) forward the petition to the Clerk of the Executive Council;
and the Lieutenant Governor in Council shall issue a writ, in the prescribed form, for taking a vote upon the question.
(2) No petition shall have any effect unless:
(a) the first signature thereon is appended within three months of the date upon which the petition is presented to the board;
(b) the petition is received by the board after the date of publication of the first advertisement of notice of intention to apply for a licence and prior to receipt by it of the first application for a licence in respect of premises situated in the municipality or hamlet.
R.S.S. 1940, c.279, s.238; R.S.S. 1953, c.348, s.228.
Signatures to petition and attestation
229(1) A petition against the issue of a licence shall be signed by not less than twenty-five per cent of the electors of the municipality or hamlet who are actually resident therein; and the decision of the board as to whether the petition is sufficiently signed shall be final.
(2) Every person who signs a petition shall sign in the presence of an attesting witness, and the signatures shall be proved by an affidavit in the prescribed form.
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(3) There shall be attached to every petition an affidavit, by one of the signatories, in the prescribed form, to the effect that the deponent has personally satisfied himself that the petition has been signed by at least the required number of duly qualified persons.
(4) A person who wilfully or knowingly signs a petition without possessing the qualifications of a petitioner, as required by this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding $100.
R.S.S. 1940, c.279, s.239; 1953, c.106, s.48; R.S.S. 1953, c.348, s.229.
Writ forwarded to returning officer
230 The writ shall be addressed and forwarded by registered mail by the Clerk of the Executive Council to such person as may be designated by the Lieutenant Governor in Council, and shall require the votes of the electors to be taken upon the day and during the hours appointed by law for holding the municipal election or upon such other day and during such hours as may be deemed expedient.
R.S.S. 1940, c.279, s.240; R.S.S. 1953, c.348, s.230.
Vote where status of town or village reduced after petition presented
231 If, after advertisement of notice of intention to apply for a licence in respect of a hotel situated in a town or village and after a petition has been received by the board against the issue of licences therein, the town is reduced to the status of a village or the village is reduced to the status of a hamlet, then the question of issue of licences shall be decided by the electors of the new village or the new hamlet, as the case may require.
R.S.S. 1940, c.279, s.241; R.S.S. 1953, c.348, s.231.
Procedure for taking vote
232(1) Except as herein provided the provisions of Part V, in so far as applicable, apply mutatis mutandis to a vote upon the question of the issue of licences in a municipality or hamlet.
(2) In every case in which a vote is to be taken in a hamlet a list of voters shall be prepared by a person to be designated by the Lieutenant Governor in Council and the provisions of sections 20 to 28 of The Saskatchewan Election Act, apply mutatis mutandis to the preparation of the list.
R.S.S. 1940,c.279, s.242; 1953, c.106, s.49; R.S.S. 1953, c.348, s.232.
Regulations and form
233 The Lieutenant Governor in Council may make such regulations as may be deemed expedient for the purpose of removing any doubt which may arise in the application of any of the provisions of Part V to a vote upon the question of the issue of licences in a municipality or hamlet, and may authorize or require the use of forms and from time to time alter, amend or cancel the same and substitute new forms in place of those cancelled.
R.S.S. 1940, c.279, s.243; R.S.S. 1953, c.348, s.233.
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No licences until vote taken, if petition received
234 If a petition against the issue of hotel licences is received within the time mentioned in section 228 no such licence and no club or canteen licence shall be issued in respect of any premises situated in the municipality or hamlet affected until the question of the issue of hotel licences has been submitted to the electors in the manner hereinbefore set forth.
R.S.S. 1940, c.279, s.244; R.S.S. 1953, c.348, s.234.
No licences if adverse vote
235 Where a majority of the votes of the electors is given against the issue of hotel licences, no such licence and no club licence or canteen licence shall be issued in respect of any premises situated in the municipality or hamlet affected except pursuant to subsection (1) of section 239.
R.S.S. 1940, c.279, s.245; R.S.S. 1953, c.348, s.235.
Issue of licences if no petition or if vote favourable
236 If no petition against the issue of hotel licences is received within the time limited by section 228, or if a majority of the votes of the electors is given in favour of the issue of hotel licences, the board may, subject to the provisions of this Act and the regulations, issue such licences and may also issue club licences and canteen licences, as hereinafter provided.
R.S.S. 1940, c.279, s.246; R.S.S. 1953, c.348, s.236.
Subsequent submission to electors
237 Where licences have been issued in respect of any to electors premises situated in a municipality or hamlet, no question for the cancellation and against the further issue of such licences shall be submitted to the electors for a period of three years after the date of the first licence so issued; and failing a vote in favour of the cancellation and against the further issue of such licences, taken pursuant to the provisions of this Act, no such question shall be submitted to the electors for a period of five years after the expiration of the said three year period.
R.S.S. 1940, c.279, s.247; R.S.S. 1953, c.348, s.237.
Subsequent submission to electors
238(1) Where the electors of a municipality or hamlet have voted for the first time against the issue or for the cancellation and against the further issue of licences therein, no similar question shall be submitted for a period of three years from the date when the vote was taken.
(2) Where the electors of a municipality or hamlet:
(a) have twice successively voted against the issue of licences therein; or
(b) have voted for the cancellation and against the further issue of licences and at the next submission have voted against the issue of licences therein;
then no similar question shall be submitted for a period of five years from the date on which the second vote was taken.
R.S.S. 1940, c.279, s.248; R.S.S. 1953, c.348, s.238.
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Subsequent applications for and petitions against licences
239(1) Where the electors of a municipality or hamlet have voted against the issue or for the cancellation and against the further issue of licences therein and the period of three years or five years as the case may require pursuant to the provisions of this Act has expired since the date on which the vote was taken, then, subject to the provisions of section 226, applications for licences may be filed with the board and the provisions of sections 228 to 236 apply.
(2) A petition, in the prescribed form, may be presented to the board for the cancellation of licences in force in a municipality or hamlet and against the further issue of licences therein; and every such petition shall be signed and the signatures thereto shall be attested as hereinbefore required in the case of a petition against the issue of licences.
(3) No petition shall have any effect unless:
(a) the first signature thereon is appended within three months of the date upon which the petition is presented to the board; and
(b) the petition is presented to the board within three months next prior to the expiration of a period of three years after the date of issue of the first licence in such municipality or hamlet; and after the expiration of such three year period within three months next prior to the expiration of a period of five years or any multiple of five years after the expiration of the said three year period.
R.S.S. 1940, c.279, s.249; R.S.S. 1953, c.348, s.239.
Continuation of licences until expiry
240 Where a majority of the votes of the electors of a municipality or hamlet is given for the cancellation of licences therein, existing licences shall be valid for the remainder of the period for which they were issued but such licences shall not be renewed and new licences shall not be issued except pursuant to subsection (1) of section 239.
R.S.S. 1940, c.279, s.250; R.S.S. 1953, c.348, s.240.
Voting procedure
241 Subject to the provisions of sections 237 and 238, upon receipt of a petition under section 239 the board shall forthwith proceed as mentioned in clauses (a) and (b) of section 228, and a writ shall be issued and a vote of the electors taken in the same manner as is hereinbefore required in the case of a vote upon the question of the issue of licences.
R.S.S. 1940, c.279, s.251; R.S.S. 1953, c.348, s.241.
Application for licence
242(1) Every application for a hotel licence shall be accompanied by an application fee of $10, shall be in the form prescribed by the regulations and shall contain a description of that part of the hotel in respect of which the applicant desires a licence. The applicant shall also furnish the board with such further material and information as it may require.
(2) Every application for a licence or for renewal of licence shall be accompanied by a statutory declaration by the applicant stating:
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(a) that the hotel in respect of which the licence is requested is not owned or operated directly or indirectly by a brewer and that no interest of any nature therein, acquired on or after the first day of January, 1925, is held directly or indirectly by a brewer;
(b) that the applicant has not accepted any money, rebate, discount, bonus, gift, concession or any consideration whatever from any brewer or from any agent or employee of a brewer;
(c) that the applicant has not made any agreement, verbal or written, to sell any kind, class or brand of liquor.
(3) For the purposes of subsection (2) “hotel” and “brewer” shall have the respective meanings assigned to them by subsection (4) of section 246.
R.S.S. 1940, c.279, s.252; R.S.S. 1953, c.348, s.242.
Application in respect of proposed new premises
243(1) If it is proposed to construct new premises or to repair or reconstruct existing premises in respect of premises which a licence is to be applied for, notice of intention to apply for the licence shall not be given to the board nor published in accordance with section 226 until there have been filed with the board plans and specifications showing the location, lay-out and construction of the proposed premises to the satisfaction of the board.
(2) Upon being notified by the board that the plans and specifications so filed are satisfactory, or are satisfactory subject to the changes specified in the notification, the person intending to apply for the licence may give notice of such intention in accordance with section 226.
(3) Upon receipt of an application for the licence the board may, if satisfied that notice by advertisement of intention to apply for the licence has been given as required by section 226, consider the application and determine whether or not a licence should be issued pursuant to this Act. If the board decides that a licence should be so issued, the licence shall not be issued until the work of construction, repair or reconstruction is completed in accordance with the plans and specifications and any changes therein directed by the board and until the premises are inspected and approved of in writing by the board.
R.S.S. 1940, c.279, s.253; R.S.S. 1953, c.348, s.243.
Applications by certain persons prohibited
244(1) No application shall be made for a licence by any person:
(a) who has made any agreement, verbal or written, to sell or promote the sale of the beer of any brewer;
(b) who is a brewer or an agent of a brewer unless the brewer owned or operated or acquired an interest in the premises, in respect of which the application is made, prior to the first day of January, 1925;
(c) who directly or indirectly is associated or connected with or financially interested in any brewery.
(2) A person who violates this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 nor more than $1,000 and in default of payment to imprisonment for twelve months.
R.S.S. 1940, c.279, s.254; R.S.S. 1953, c.348, s.244.
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Restrictions governing issue of licence
245(1) No licence shall be issued to any person in respect of a hotel unless the hotel has been in continuous operation as such for the period of six months immediately preceding the date of the application for a licence if no previous licence has been in effect in respect of the hotel or in respect of a hotel which it replaces at any time during the period of twelve months immediately preceding the date of such application, and:
(a) unless the hotel contains, in addition to what is required for the use of the licensee, his family and servants, sufficient bedrooms, but not less than six, sufficient bedding, furniture, public: sitting rooms, dining rooms (except where the board waives the requirements of clause (b)) and other conveniences, reasonably suited to the requirements of the public likely to make use of the same;
(b) unless the hotel makes suitable provision for the service of meals and meals are served therein; provided that the board may waive the requirements of this clause in respect of any hotel;
(c) unless the hotel is provided with suitable privies, lavatories and toilets;
(d) unless the hoard is satisfied that the hotel and the part thereof in which it is proposed that beer shall be kept, sold and consumed are constructed and equipped so as not to facilitate any breach of this Act or the regulations;
(e) unless the premises have been approved in writing by an inspector appointed or authorized by the board to inspect the same;
(f) if the applicant is of bad fame and character or of drunken habits, or has been convicted, within a period of three years immediately preceding the date of his application, of keeping, frequenting or being an inmate of a common bawdy house.
(2) The number of hotel licences in any municipality or hamlet shall not in any year exceed one licence for a population not exceeding twelve hundred; two licences for a population not exceeding two thousand five hundred; three licences for a population not exceeding three thousand five hundred; four licences for a population not exceeding five thousand; five licences for a population not exceeding seven thousand and one licence for each additional four thousand of population or fraction thereof over seven thousand and not exceeding thirty-five thousand; and one licence for each additional five thousand of population or fraction thereof over thirty-five thousand; provided that all licences heretofore issued and in force shall continue in force, subject to the other provisions of this Part, and may be renewed from time to time in accordance with the said provisions and, subject to the said provisions, interim licences and new licences may ne issued in respect of premises now licensed.
(3) Notwithstanding anything contained in subsection (2), where a licence in respect of any premises in a municipality ceases to have effect otherwise than by suspension or cancellation under section 249, the board may issue one new licence in respect of any premises in the municipality which are owned by the municipality, and may renew such licence or issue a new licence in respect of the premises notwithstanding that the municipality has ceased to own the same.
(4) For the purposes of subsection (2) “population” means the number of inhabitants shown by any census taken under any Act of Canada or of the province or under any municipal bylaw or otherwise as determined by the board.
R.S.S. 1940, c.279, s.255; 1945, c.102, s.14; 1946, c.93, s.3; 1947, c.96, s.5; 1949, c.108, s.14; R.S.S. 1953, c.348, s.245.
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No licence if brewer interested
246(1) No licence shall be issued in respect of a hotel which, in the opinion of the board, is owned or operated by a brewer, or if, in the opinion of the board, a brewer holds an interest of any nature therein, unless the brewer owned or operated the hotel or acquired such interest therein prior to the first day of January, 1925.
(2) If a brewer becomes the owner or operator of, or acquires any interest in a hotel in respect of which a licence has been issued, the licence shall immediately be void and of no effect.
(3) No licensee shall, by himself, his partner, clerk, servant or agent, sell beer or keep beer for sale in a hotel which is owned or operated by a brewer or in which a brewer holds an interest acquired on or after the first day of January, 1925; and any person who violates this subsection is guilty of an offence and liable on summary conviction to a fine of $20 for each day on which the offence is committed and in default of payment to imprisonment for thirty days.
(4) For the purpose of this section:
“brewer”
1 “brewer” means a persons who, or a firm or corporation which, owns or operates a brewery and, in the case of a corporation, includes a director, a manager and a shareholder thereof;
“hotel”
2 “hotel” includes the contents thereof and the land used in connection therewith as well as the content of any part of a hotel in respect of which a licence is issued.
R.S.S. 1940, c.279, s.256; R.S.S. 1953, c.348, s.246.
Issue of licence
247(1) Upon receipt of an application in the prescribed form and an application fee of $10, and upon being satisfied that the statements in the application are true, that the hotel is suitably constructed, equipped and conducted, that the part of the hotel in which it is proposed to keep, sell and consume beer is suitable and satisfactory for the purpose, and that the applicant is a fit and proper person to be licensed, the board may, subject to the provisions of sections 234 and 235, issue to the applicant a licence entitling him to purchase from the board beer of such kinds, classes and brands as the board may prescribe, and, in that part of the hotel set out in the licence, to sell by the glass or in open bottles or by the glass and also in open bottles the beer so purchased, to persons not disqualified under this Act, for consumption in that part of the hotel set out in the licence.
(2) Upon receipt of a further application in the prescribed form and an application fee of $10, the hoard may, subject to the following subsections, issue to the holder of a licence under subsection (1) a further licence entitling him to sell beer in closed packages for consumption elsewhere, subject always to the terms and conditions of the licence and the provisions of this Act and the regulations.
(3) Notwithstanding anything contained in this Act, the hoard may grant an interim licence under subsection (1) or subsection (2) for a period not exceeding six months, pending the completion of alterations required by it in the hotel or pending its final disposal of the application for a licence.
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(4) Subject to subsection (5), where in a municipality or hamlet the electors have heretofore voted or hereafter vote against the establishment therein of a store or for the discontinuance therein of a store, no licence shall be issued under subsection (2), in respect of any premises situated in such municipality or hamlet, within a period of two years after the date on which the vote was or is taken.
(5) Where after the issue of a licence in respect of premises in a municipality or hamlet the electors of the municipality vote against the establishment therein of a store or the electors of thr, municipality or hamlet vote for the discontinuance therein of a store, such vote shall have no effect as to any licence issued or which may be issued under subsection (2) until the expiry of the period mentioned in subsection (10), subsection (12) or subsection (a), as the case may require.
(6) Upon receipt of an application for a licence under subsection (2) in of any premises mentioned in subsection (4) the board shall, if the period mentioned in subsection (4) has expired and if it intends to issue licences, forthwith publish in the Gazette, and in a newspaper or newspapers published or circulating in the municipality or hamlet, a notice of its intention to issue such licences unless a petition against the issue thereof, in the form prescribed by the board, is received within sixty days from the date of the notice. A similar notice shall be sent to the clerk of the municipality or, in the case of a hamlet situated in a rural municipality, to the secretary of the rural municipality or, in the case of a hamlet situated in a local improvement district, to the Minister of Municipal Affairs.
(7) A petition shall be signed and attested as required by sections 17 and 20 in the case of a petition against the establishment of a store.
(8) If no petition against the issue of licences is received within the time limited by subsection (6), or if a majority of the votes of the electors is given in favour of the issue of licences, the board may, subject to the provisions of this Act and the regulations, issue licences to applicants therefor.
(9) The provisions of Part V and of section 233 apply mutatis mutandis to a vote upon a question under this section.
(10) Where a question has been submitted to the electors no similar question shall be submitted for a period of three years from the date when the vote was taken.
(11) Where the persons entitled to vote:
(a) have twice successively voted against the establishment of a store; or
(b) have voted for the discontinuance of a store and at the next submission have voted against the establishment of a store;
then no question under this section shall be submitted to the electors for a period of five years from the date when the second vote was taken.
(12) Where licences are issued without a vote being taken under this section no question shall be submitted to the electors for a period of three years from the date of the issue of the first licence.
(13) Where licences have been issued and at the first submission subsequent thereto the persons who are entitled to vote on the question vote against the discontinuance of a store then no question under this section shall be submitted to the electors for a period of five years from the date when the vote was taken.
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(14) A certificate purporting to be signed by the chairman or acting chairman of the board that a licence has been issued pursuant to this Act shall be accepted as prima facie evidence of the facts stated therein without further proof of appointment or signature.
R.S.S. 1940, c.279, s.257; 1945, c.102, s.15; 1947, c.96, s.6; 1953, c.106, s.50; R.S.S. 1953, c.348, s.247.
Fees for licence
248(1) Every person to whom a licence is granted under section 247 shall, in addition to the application fee, pay such sum before receiving the licence and such periodic sums during the duration of the licence as may be prescribed by the Lieutenant Governor in Council.
(2) In fixing any sum to be so payable the Lieutenant Governor in Council may prescribe different rates for licences in different localities having regard to population and to volume of business.
R.S.S. 1940, c.279, s.258; R.S.S. 1953, c.348, s.248.
Discretion of board to grant, suspend and cancel licence
249(1) The board may, in its discretion, grant or refuse a licence and may in its discretion, and without assigning any reason therefor, suspend or cancel any licence, in which case all the rights of the licensee thereunder shall be suspended or determined as the case may be.
(2) Upon receipt of notice of the suspension or cancellation of his licence, the licensee shall forthwith return the licence to the board, and, in the case of suspension, if he fails so to return the licence, the board may forthwith cancel the same.
(3) Where a licence has been suspended, the board may return it to the licensee at the expiration of the period of suspension.
(4) If a licence is cancelled no licence shall be issued for a period of at least one year to the person named therein and no licence shall be issued in respect of the premises mentioned therein for a period of at least one month If another licence is issued to such person and is cancelled no licence shall be issued to him at any time thereafter.
(5) All beer in the possession of a licensee on the cancellation of his licence shall immediately be delivered to the board, and if, on receipt thereof, the beer is found by the board to be in good condition, the amount paid therefor by the licensee shall be refunded to him.
R.S.S. 1940, c.279, s.259; R.S.S. 1953, c.348, s.249.
Posting of licence
250 Every licence shall be constantly and conspicuously exposed in that part of the hotel specified in the licence where beer may be kept, sold and consumed.
R.S.S. 1940, c.279, s.260; R.S.S. 1953, c.348, s.250.
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Period of licence
251 Unless sooner cancelled, every licence shall expire at midnight on the thirty-first day of March in the year or part of the year in respect of which the licence is issued If the licensee applies for a new licence for the year ending on the following thirty-first day of March in respect of the same premises, he shall not, unless the board otherwise directs, be required to give notice to the board or by advertisement of his intention to apply for a licence, and no application fee shall be payable.
R.S.S. 1940, c.279, s.261; 1953, c.106, s.51; R.S.S. 1953, c.348, s.251.
Licence where premises destroyed
252 Subject to the provisions of this Act and the regulations, in case of the destruction of premises in respect of which a licence has been issued the licence shall continue in effect in respect of premises constructed on the same site as, or on a site adjacent to, that of the premises destroyed, and occupied by the licensee.
R.S.S. 1940, c.279, s.262; R.S.S. 1953, c.348, s.252.
Non-transferability of licence
253(1) No licence shall be transferable.
(2) If the holder of a licence dies the same shall, subject to the provisions of this Act, continue in force until the end of the licence year, and during that period the person who is for the time being entitled to the estate of the deceased either as trustee, executor or administrator, or the person who is for the time being managing the licensed business, with the approval of the board, on behalf of a trustee, executor or administrator, shall have all the rights and be subject to all the liabilities which the deceased licensee would by virtue of the licence have had or been subject to if he were then living.
(3) Where the holder of a licence ceases to keep and operate the hotel in respect of which the licence has been issued, the board may issue an interim licence to any other person who keeps and operates the hotel and applies for a licence, pending compliance by him with the provisions of this Part and disposition of his application for a licence.
R.S.S. 1940, c.279, s.263; R.S.S. 1953, c.348, s.253.
Sale of foodstuffs, etc., in licensed premises
254 The board may by order require every licensee in respect of a hotel to maintain for sale, in that part of the hotel in which beer is kept, sold and consumed, a supply of such foodstuffs and commodities as are specified in the order and facilities for the serving or supplying of such foodstuffs and commodities, and may by the same or a subsequent order govern the prices to be charged by such licensees for such foodstuffs and commodities.
1953, c.106, s.52; R.S.S. 1953, c.348, s.254.
Conditions affecting licences
255(1) Every licence shall be subject to all the conditions and restrictions imposed by this Act and the regulations.
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(2) No licensee shall keep or maintain, or permit to be kept or maintained, in any part of the premises in respect of which the licence is issued, any bar or counter over or at which any alcoholic or non-alcoholic beverage is sold for consumption on the premises.
(3) No licensee and no person employed in, on or about any premises in respect of which a licence is issued shall promote, induce or further, or attempt to promote, induce or further, the sale of any particular kind, class or brand of beer.
(4) No beer purchased from a licensee for consumption on the licensed premises shall be consumed except in the room where the same is purchased.
(5) No person under the age of twenty-one years and no female shall act in any way in connection with the sale, handling or serving of beer in, on or about any licensed premises, and no licensee shall employ or suffer any such person or any female to so act.
(6) No person other than a male person over the age of twenty-one years, and no person who is in an intoxicated condition shall enter any premises where beer is kept, sold or consumed under the authority of a licence; and no licensee, nor any employee of a licensee, shall suffer or permit any female or any person apparently, or to the knowledge of such licensee, or of such employee, under the age of twenty-one years, or any person who is in an intoxicated condition, to be in or on such premises, or suffer or permit any gambling or any violent, quarrelsome, riotous or disorderly conduct to take place on such premises, or suffer or permit any persons of notoriously bad character to assemble or meet on such premises.
(7) A person under the age of twenty-one years who enters any premises where beer is kept, sold or consumed under the authority of a licence is guilty of an offence and liable on summary conviction in the case of a first offence to a fine of not less than $25 nor more than $50 and in default of payment to imprisonment for thirty days and in the case of a subsequent offence to a fine of not less than $50 nor more than $100 and in default of payment to imprisonment for sixty days.
(8) Subject to subsection (3) of section 80, no person to whom the sale of intoxicants is prohibited by statute of Canada or Saskatchewan and no interdicted person shall enter or be permitted or suffered to remain in or on any premises where beer is kept, sold or consumed under the authority of a licence.
(9) Nothing contained herein prevents a female licensee from entering the premises in respect of which she holds a licence, for the purpose of supervision or control, but she shall not serve beer to customers.
(10) Subject to section 256, no slot machine, playing cards, vaudeville attraction, dancing, musical device, radio or any other form of entertainment, or any gambling device whatever, shall be permitted in that part of the hotel specified in the licence where beer may be kept, sold and consumed.
(11) No licensee shall accept any money, rebate, discount, bonus, gift, concession or any consideration whatever from any brewer or other person manufacturing any kind, class or brand of beer which the licensee is authorized to sell, or from any agent or employee of such brewer or other person.
R.S.S. 1940, c.279, s.264; 1945, c.102, s.16; 1946, c.93, s.4: 1953, c.106, s.53; R.S.S. 1953, c.348, s.255.
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Radio in licensed premises
256 Subject to the approval of the Lieutenant Governor in Council, the board may make regulations authorizing a licensee to have a radio in that part of the hotel specified in the licence Where beer may be kept, sold and consumed and governing the operation and use by the licensee of such radio.
1953, c.106, s.54; R.S.S. 1953, c.348, s.256.
Sales for cash only
257(1) No licensee nor any employee of a licensee shall accept anything except current money in payment for beer supplied by him or directly or indirectly give or allow credit in whole or in part for or on account of beer sold, supplied or to be supplied by him nor advance any mom y for the purchase of such beer.
(2) No licensee nor any employee of a licensee shall take or receive any money or moneys worth by way of a deposit or pledge for the purpose of securing the price of beer to be supplied by him at any future time.
(3) Any money, security or deposit paid, given or pledged in contravention of this section, or the full value thereof, may be recovered from the licensee or employee, as the case may require, in any court of competent jurisdiction by the person paying, giving or pledging the money, security or deposit, free from all claims of the licensee or employee in respect in addition the licensee or is liable to prosecution for violation of this section.
R.S.S. 1940, c.279, s.265; R.S.S. 1953, c.348, s.257.
Permit to serve beer to women
258(1) The board may upon receipt of an application in the prescribed form from a licensee for authority to serve beer to women, issue a permit authorizing him to establish in his hotel suitable for that purpose.
(2) The provisions of this Act respecting the location, conduct and regulation of licensed premises shall, with due variation in matters of detail, apply to the mentioned in subsection (1).
(3) No means of communication except for the purpose of service shall exist between the licensed premises and the premises so established and the public entrances thereto shall be separate.
(4) Subsection (1) applies only to licensed premises in cities.
(5) No application fee shall be required in respect of an application under subsection (1).
R.S.S. 1940, c.279, s.266; R.S.S. 1953, c.348, s.258.
Sales for consumption off the premises
259(1) A licensee may, if so authorized by a licence, sell upon his licensed premises to persons not disqualified under this Act, beer in closed packages for consumption off the premises in such manner and upon complying with such conditions as may be prescribed by the regulations and the provisions of section 28 apply.
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(2) Notwithstanding any other provision of this Act, any person who has lawfully purchased beer from a licensee under this section may have in his possession and consume the same in his residence or in a private guest room occupied by him in hotel.
R.S.S. 1940, c.279, s.267; R.S.S. 1953, c.348, s.259.
Hours of sale
260(1) Subject to the provisions of section 261, licensed premises may only be open for the sale of beer between the hours of 10.30 in the forenoon and 10.30 in the afternoon.
(2) The hours mentioned in subsection (1) and any hours mentioned in regulations pursuant to clause (d) of section 261 shall be governed the time used in the municipality or hamlet in which the licensed premises are situated.
1946, c.9:1, s.5: 195:3, c.106, s.55; R.S.S. 1953, c.348, s.260.
Days of sale
261 No sale or other disposal of beer shall be made or take place in, on or from any part of a hotel in respect of which a licence is granted nor shall any part of such hotel be open for the sale of beer:
(a) on Sunday, Christmas Day and Good Friday;
(b) on any day on which polling takes place at any Dominion or provincial election held in the electoral district in which the hotel is situated;
(c) on any day on which polling takes place at any municipal election held in the municipality or hamlet in which the hotel is situated;
(d) during such other periods or on such other days as may be prescribed in the regulations.
1946, c.93, s.5; R.S.S. 1953, c.348, s.261.
Power to close stores where licences issued
262(1) If a licence is issued under subsection (2) of section 247, the board may close any store or stores situated in the municipality or hamlet in which the licensed premises are situated.
(2) If such licence is cancelled by the board, or as the result of a vote of the electors, the board may without petition re-establish a store in the municipality unless the electors have voted in favour of the discontinuance of a store or stores in the municipality.
R.S.S. 1940, c.279, s.269; 1953, c.106, s.56; R.S.S. 1953, c.348, s.262.
Licences in northern areas
263(1) Notwithstanding anything contained in this Part, the board may in its discretion, and upon such terms and conditions as it deems fit, issue a licence in respect of any hotel situated in that part of the province north of township 64, authorizing the sale by the licensee of beer by the glass or in open bottles, or by the glass and also in open bottles, to persons not disqualified under this Act, for consumption on the licensed premises.
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(2) The board may in its discretion, and subject to such terms and conditions as it deems fit, issue to a licensee a further licence authorizing him to sell beer in closed packages to persons not disqualified under this Act, for consumption elsewhere than on the licensed premises.
(3) The board may in its discretion grant or refuse a licence, and may in its discretion, and without assigning any reason therefor, suspend or cancel any licence, in which case all rights of the licensee thereunder shall be suspended or determined as the case may be.
R.S.S. 1940, c.279, s.270; R.S.S. 1953, c.348, s.263.
Supplying beer to persons refused by licensees, etc.
264 Where a licensee or an employee of a licensee has refused to serve beer to any person, any other person who is aware of such refusal and who then and there supplies beer to the person to whom it has been refused is guilty of an offence.
R.S.S. 1940, c.279, s.271; R.S.S. 1953, c.348, s.264.
CLUB LICENCES
Application for and issue of licence
265(1) Upon receipt of an application in the prescribed form, accompanied by an application fee of $10, the board may, subject to the provisions of sections 234 and 235, issue a club licence in respect of any premises situated in a city and kept or operated by a club, and specified in the licence, entitling the club to purchase from the board beer of such kinds, classes and brands as the board may prescribe, and to keep on the premises and, subject to the provisions of this Act and the regulations, to sell by the glass or in open bottles, or by the glass and also in open bottles, the beer so purchased, to members of the club, for consumption on the premises.
(2) For the purpose of considering an application for a licence, the board may cause an inspection of the club premises to be made, and may inquire into all matters in connection with the constitution and operation of the club.
R.S.S. 1940, c.279, s.272; R.S.S. 1953, c.348, s.265.
Restrictions governing issue of licence
266 No club shall be granted a licence to sell beer:
(a) if it is a proprietary club or operated for pecuniary gain;
(b) unless the club has been in continuous operation as a club for at least three years immediately prior to the date of its application for a licence;
(c) unless the club premises are constructed, equipped, conducted, managed and operated to the satisfaction of the board;
(d) unless the club files with the board, at least one year prior to the date of application for a licence, notice of its intention to make such application accompanied by a description of the premises occupied by the club, and complies with the regulations;
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(e) unless the club has suitable accommodation and conveniences similar to those required by subsection (1) of section 245 in the case of a hotel.
R.S.S. 1940, c.279, s.273; 1953, c.106, s.57; R.S.S. 1953, c.348, s.266.
Fees for licences
267 Every club in respect of which a licence is granted shall, in addition to the application fee, before receiving the licence pay such sum as may be prescribed by the Lieutenant Governor in Council.
R.S.S. 1940, c.279, s.274; R.S.S. 1953, c.348, s.267.
Discretion of board to grant, cancel or suspend licences
268(1) The board may, in its discretion, grant or refuse a licence and may from time to time, in its discretion, and without assigning any reason therefor, suspend or cancel any licence, in which case all rights of the club to keep or sell beer thereunder shall be suspended or determined as the case may be.
(2) Upon receipt of notice of the suspension or cancellation of its licence, the club shall forthwith return the licence to the board, and, in the case of suspension, if the club fails so to return the licence, the board may forthwith cancel the same.
(3) Where a licence has been suspended, the board may return it to the licensee at the expiration of the period of suspension.
(4) If a licence is cancelled no licence shall be issued at any time thereafter to the club named therein and no licence shall be issued in respect of the premises mentioned therein for a period of at least six months.
(5) All beer in the possession of a club on the cancellation of its licence shall immediately be delivered to the board, and if, on receipt thereof, the beer is found by the board to be in good condition, the amount paid therefor by the club shall be refunded to it.
R.S.S. 1940, c.279, s.275; R.S.S. 1953, c.348, s.268.
Period of licence
269 Unless sooner cancelled, every licence shall expire at midnight on the thirty-first day of March in the year or part of the year in respect of which the licence is issued, but a licence shall become void and determined if and when the club to which it is issued ceases to carry on operations or ceases to be qualified as a club within the meaning of this Act and the regulations.
R.S.S. 1940, c.279, s.276; 1953, c.106, s.58; R.S.S. 1953, c.348, s.269.
Non-transferability of licence
270 Every licence shall be issued in the name of the club which makes application therefor, and no licence shall be transferable nor shall the holder of a licence allow any other club or person to use the licence.
R.S.S. 1940, c.279, s.277; R.S.S. 1953, c.348, s.270.
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Conditions affecting licences
271 Every licence shall be subject to all conditions and restrictions imposed by this Act and the regulations.
R.S.S. 1940, c.279, s.278; R.S.S. 1953, c.348, s.271.
Posting of licence
272 Every licensed club shall post and keep posted its club licence in a prominent position in the club premises.
R.S.S. 1940, c.279, s.279; R.S.S. 1953, c.348, s.272.
Unlicensed club a public place
273 The premises of every club which does not hold a publie place valid and subsisting club licence under this Act shall be deemed to be a public place within the meaning of this Act.
R.S.S. 1940, c.279, s.280; R.S.S. 1953, c.348, s.273.
Persons to whom sales may be made
274 No person shall be permitted to buy beer in a club, licensed to sell beer under this Act, unless he is a member of the club and is of the full age of twenty-one years.
R.S.S. 1940, c.279, s.281; R.S.S. 1953, c.348, s.274.
CANTEEN LICENCES
Power of board to issue
275 If authorized by the regulations, and in accordance therewith, the board may, subject to the provisions of sections 234 and 235, grant a licence in respect of a canteen, entitling the person in control thereof to purchase beer from the board and to sell the same, by the glass or in open bottles, or by the glass and also in open bottles, for consumption on the premises, in accordance with such regulations and this Act, in camps, armouries and barracks of the permanent and non-permanent units of the Canadian Militia, Royal Canadian Air Force and Royal Canadian Mounted Police, under direct military supervision and control, or in premises situated in a city and owned or occupied by a duly chartered branch of the Canadian Legion of the British Empire Service League or the Army and Navy Veterans in Canada.
R.S.S. 1940, c.279, s.282; R.S.S. 1953, c.348, s.275.
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BREWERS
Brewer’s permit
276 Subject to the provisions of this Act and the regulations, the board may, upon payment of such fee as may be prescribed by the Lieutenant Governor in Council, grant to any brewer, duly licensed by the Government of Canada, a permit to sell to the board beer and malt liquor manufactured by the permittee and to deliver the same to the board, or to a licensee, at any place in Saskatchewan when and as authorized in writing by the board to do so.
R.S.S. 1940, c.279, s.283; R.S.S. 1953, c.348, s.276.
Period of permit
277 Every permit shall, unless sooner determined, expire at midnight on the thirty-first day of December in the year in respect of which the permit is granted.
R.S.S. 1940, c.279, s.284; R.S.S. 1953, c.348, s.277.
Discretion of board to grant, cancel or suspend permit
278 The board may in its discretion grant or refuse a permit and may in its discretion, and without assigning any reason therefor, suspend or cancel any permit, in which case all rights of the brewer thereunder shall be suspended or determined as the case may be.
R.S.S. 1940, c.279, s.285; R.S.S. 1953, c.348, s.278.
Returns
279(1) Every brewer who manufactures beer within the province shall make to the board in every month, on or before a date therein to be named by the board, a return showing the gross amount of, and such other information as the board may require respecting, the sales and deliveries of beer and malt liquor during the preceding month.
(2) The board may at any time, by notice in writing to a brewer, require a return of sales of beer and malt liquor for any period mentioned in the notice, and such return shall be made by the brewer within three days of the receipt by him of the notice.
(3) The returns mentioned in subsections (1) and (2) shall be in such form as the board may require, and forms for making the returns shall be obtained from the board.
(4) Proof of the falsity of any return required by this section, or of failure to make such return, shall in any proceeding against a brewer be prima facie evidence that the person accused has unlawfully kept for sale and unlawfully offered for sale or sold liquor.
(5) A brewer who fails to make any return as required by this section is guilty of an offence and liable on summary conviction to a fine of $20 for each day on which the offence continues.
R.S.S. 1940, c.279, s.286; R.S.S. 1953, c.348, s.279.
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Furnishing of samples to board
280(1) Every brewer shall, when required by the board, furnish samples of his beer and malt liquor to be sold within the province.
(2) The board may require any brewer to furnish samples of any beer or malt liquor then being sold within the province, or in stock by the brewer, or which may be in the course of manufacture, for sale within the province, and the brewer shall forthwith furnish the same to the board, and every brewer failing to do so is guilty of an offence and liable on summary conviction to a fine not exceeding $100.
R.S.S. 1940, c.279, s.287; R.S.S. 1953, c.348, s.280.
SUMMER RESORTS
Discretionary powers of board
281(1) The board may, in its discretion, and upon such terms and conditions as it deems fit, provide for the issue of licences, in respect of hotels situated within summer resorts, authorizing the sale by licensees of beer by the glass or in open bottles, or by the glass and also in open bottles, to persons not disqualified under this Act, for consumption on the licensed premises.
(2) If the board provides for the issue of such licences, the board may at its discretion, and subject to such terms and conditions as it deems fit, issue to a licensee a further licence authorizing him to sell beer in closed packages to persons not disqualified under this Act, for consumption elsewhere than on the licensed premises.
(3) The board may in its discretion grant or refuse a licence, and may in its discretion, and without assigning any reason therefor, suspend or cancel any licence, in which case all rights of the licensee thereunder shall be suspended or determined as the case may be.
R.S.S. 1940, c.279, s.288; R.S.S. 1953, c.348, s.281.
_________________
SCHEDULE
FORM A
(Section 16)
NOTICE OF INTENTION TO ESTABLISH STORE
Under the provisions of The Liquor Act
Notice is hereby given that it is the intention of the Liquor Board, under the powers contained in The Liquor Act, to establish a store for the sale of liquor in the _______________ of _________________________, and that such store will be established unless a petition against the establishment thereof is received by the board within sixty days from the date of this notice.
Dated at Regina, Saskatchewan, this ____________________ day of __________________________, 19_____.
___________________________________ (Chairman, Liquor Board)
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FORM B
(Section 16)
PETITION AGAINST ESTABLISHMENT OF STORE
To the Liquor Board,
Regina, Saskatchewan.
We, the undersigned, hereby petition that no store for the sale of liquor be established in the ______________________________ of ___________________________________.
Signatures Addresses Attesting Witness
Note—For qualifications of signatories, see section 17 of the Act.
_________________
FORM C
(Section 19 (1))
PETITION FOR DISCONTINUANCE OF STORE
To the Liquor Board,
Regina, Saskatchewan.
We, the undersigned, hereby petition that the store (or stores) for the sale of liquor established in the ______________________________ of ___________________________________ be discontinued.
Signatures Addresses Attesting Witness
Note—For qualifications of signatories, see section 19 of the Act.
__________________
FORM D
(Section 20 (1))
AFFIDAVIT OF EXECUTION
Province of Saskatchewan,
TO WIT:
I, A.B., (insert address and occupation) make oath and say:
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1 That I was personally present and did see (insert names or otherwise identify signers) whose signatures appear in the attached petition, and who are personally known to me to be the persons signing the same, duly sign the petition.
2 That I am the subscribing witness to the said signatures.
3 That I know the said persons and that they possess the necessary qualifications for signing the said petition.
Sworn before me at ____________in the Province of Saskatchewan _________________________this __________________ day of (Signature)__________________, 19_____.
__________________________________A Justice of the Peace, Notary Public or Commissioner for Oaths.
Note—There may be several witnesses to different signatures, and several affidavits in the above form.
___________________
FORM E
(Section 20 (2))
AFFIDAVIT OF SIGNATORY
Province of Saskatchewan,
TO WIT:
I, ______________________________, a signatory to the petition hereunto attached and marked A have personally satisfied myself that the petition has been signed by at least the required number of qualified persons as provided by The Liquor Act.
Sworn before me at ____________in the Province of Saskatchewan _________________________this __________________ day of (Signature)__________________, 19_____.
__________________________________A Justice of the Peace, Notary Public or Commissioner for Oaths.
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FORM F
(Section 35 (a))
PERMIT
For Physician, Druggist, Dentist or Veterinary
No.
DRUGGIST, PHYSICIAN, DENTIST This is to certify that (name, business or VETERINARY address and profession), whose signature is attached hereto, is entitled to sell liquor (or to use liquor in professional practice), in accordance with the provisions of The Liquor Act and the regulations made thereunder. This permit is not transferable and expires on December 31, 19_____.
Issued at ________________________, Saskatchewan, this ___________________ day of ______________________, 19_____.
_______________________________ (Chairman, Liquor Board)
___________________________________ (Signature of Permit Holder)
__________________
FORM G
(Section 35 (a))
PERMIT
Person engaged in mechanical or manufacturing business or in scientific pursuits.
No._________
This is to certify that ____________________________ of ___________________________ is entitled to use liquor (state purpose for which liquor is to be used) on the premises known as ___________________________ Saskatchewan, and in accordance with the provisions of The Liquor Act and the regulations made thereunder. This permit is not transferable, and expires on December 31, 19_____.
Issued at ________________________, Saskatchewan, this ______________________ day of ______________________, 19_____.
______________________________ (Chairman, Liquor Board).
_______________________________ (Signature of Permit Holder).
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FORM H
(Section 40)
RECOMMENDATION FOR PERMIT
We, the undersigned residents of ____________________________ hereby declare that we personally know (name and profession of person) who is making application for a permit to sell liquor under the provisions of The Liquor Act, and that we are confident that if such permit is granted its privileges will not be abused. We therefore recommend the granting of the said permit.
Dated at ____________________ this _________________ day of __________________, 19_____.
(Signatures) __________________________
__________________________
__________________________
__________________________
__________________________
__________________________
_____________________
FORM I
(Sections 49 (3) and 56)
APPOINTMENT
Date ____________________
To the Liquor Board,
Regina.
I hereby certify that I have appointed _____________________ to sell liquor in my drug store, as provided by The Liquor Act.
______________________________ (Name of druggist).
______________________________ (Name of city, town or village).
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FORM J
(Section 51 (1))
LIST OF LIQUOR PRESCRIPTIONS AND SALES FOR THE MONTH OF ___________________, 19_____
No. Date of SaleKind and
Quantity ofLiquor Sold
Name ofPurchaser
Name ofPhysician
Name ofPerson
Making Sale
I hereby certify that this list contains a complete and accurate record of all sales of liquor made by me during the month of __________________, 19_____, under the provisions of The Liquor Act.
___________________________ Signature.
_____________________
FORM K
(Section 51 (2))
LIST OF LIQUOR RECEIPTS AND ORDERS FOR THE MONTH OF ____________________, 19_____
Kind andquantity of
liquor on handfrom previous
month
Kind andquantity of
liquor orderedduring the
month
Dateordered
Kind and quantity of
liquor receivedduring month
Date ofreceipt
Kind andquantity of
liquor on handat end ofmonth
I hereby certify that this list contains a complete and accurate record for the month of ______________________ of all liquors on hand at the beginning of the said month, of all liquors ordered by me during the said month, of all liquors received by me during the said month and of all liquors on hand at the end of the said month; that my permit has not been cancelled or suspended and that I have during the said month committed no violation of The Liquor Act.
Dated at ______________________ this first day of ______________________, 19_____. ______________________________ (Signature)
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FORM L
(Section 65 (1))
APPLICATION BY INDIVIDUAL FOR BANQUET PERMIT
Date _____________________________ Date and hour of Banquet ______________
Purpose of banquet ________________ Place to be held _______________________
City, Town or Village _______________ Number of guests invited _______________
Liquors required—
Beer ___________ bottles. Wine ___________ ounces. Spirits __________ ounces.
I, the undersigned, hereby make application for a permit to be granted for the purchase and use of the above supply of liquor for the purpose mentioned and I undertake that, if granted, such permit shall not be used for any purpose contrary to law.
______________________________ (Signature)
______________________________ (Address)
To the Liquor Board, Regina, Saskatchewan.
OR
__________________
FORM L
(Section 65 (1))
APPLICATION BY ORGANIZATION FOR BANQUET PERMIT
Date _____________________________ Name of organization ___ ______________
Date and hour of banquet __________ Purpose of banquet ____________________
Number of guests invited ___________ City, Town or Village ___________________
Liquors required—
Beer ___________ bottles. Wine ___________ ounces. Spirits __________ ounces.
We, the undersigned, hereby make application for a permit to be granted for the purchase and use of the above supply of liquor for the purpose mentioned and we severally undertake that, if granted, such permit shall not be used for any purpose contrary to law.
__________________________________ Officers __________________________________ __________________________________ __________________________________To the Liquor Board, Regina, Saskatchewan.
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FORM M
(Section 65 (1))
PERMIT FOR BANQUET
(Individual)
Permission is hereby granted to (name and address) to purchase the following quantities of liquor, namely:
Beer ___________ bottles. Wine ___________ ounces. Spirits __________ ounces.
for use at a banquet to be held at (place of banquet) on the (date) at the hour of _____________.
Dated at Regina this ___________________ day of _____________________, 19_____.
____________________________ (Chairman, Liquor Board)
______________________________ (Signature of Permit Holder)
OR
FORM M
(Section 65 (1))
PERMIT FOR BANQUET
(Organization)
Permission is hereby granted to ____________________ and _____________________ on behalf of (name of organization) of (name of place) to purchase the following quantities of liquor namely:
Beer ___________ bottles. Wine ___________ ounces. Spirits __________ ounces.
for use at a banquet to be held at (place of banquet) on the (date) at the hour of _______.
Dated at Regina this ___________________ day of _____________________, 19_____.
____________________________ (Chairman, Liquor Board)
__________________________________________________________________________________________ (Signatures of Permit Holders)
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FORM N
INFORMATION AND COMPLAINT
CANADAProvince of Saskatchewan.
The information and complaint of A.B., of the _______________________ of ______________________, in the Province of Saskatchewan (occupation), taken this __________________ day of __________________ in the year 19_____, before the undersigned __________________, one of Her Majesty’s justices of the peace in and for the said province, who saith that he is informed and believes that X.Y., of ______________________ on or about the ________________________ day of ________________, 19_____, at the ______________________ in the Province of Saskatchewan, unlawfully did sell liquor contrary to the provisions of The Liquor Act (or as the case may be).
______________________________ (Signature of Informant)
Sworn before me the day and year first above mentioned at in the said province.
___________________________________ A Justice of the Peace in and for the Province of Saskatchewan
__________________
FORM O
FORMS FOR DESCRIBING OFFENCES
1 Illegal sale.
That X.Y., on __________________ at __________________ unlawfully did sell liquor contrary to the provisions of The Liquor Act.
2 Illegal keeping.
That X.Y., on __________________ at __________________ unlawfully did keep liquor for the purpose of sale, barter or exchange contrary to the provisions of The Liquor Act.
3 Drinking in a place other than a dwelling house.
That X.Y., on __________________ at __________________ unlawfully did consume liquor in a place other than a dwelling house, contrary to the provisions of The Liquor Act.
4 Compromising or compounding a prosecution.
That X.Y., having violated a provision of The Liquor Act, on __________________ at __________________ unlawfully did compromise (or compound or settle or offer or attempt to compromise, compound or settle) the offence with A.B., with a view of preventing any complaint being made in respect thereof or of having the complaint made in respect thereof dismissed, (as the case may be), contrary to the provisions of the said Act.
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5 Being concerned in compromising a prosecution.
That X.Y., contrary to the provisions of The Liquor Act, on __________________ at __________________ unlawfully was concerned in (or a party to) a compromise (or a composition or a settlement) of an offence committed by O.P., against a provision of the said Act.
6 Offence by seller of soft drinks.
That X.Y., being a person engaged in the business of selling soft drinks or non-intoxicating liquors on __________________ at __________________ unlawfully did have liquor as defined by The Liquor Act, with his stock of soft drinks, contrary to the provisions of the said Act.
7 Illegal delivery by officer of railway.
That X.Y., being an officer (or agent or employee of a railway company or of an express company or of a common carrier) on __________________ at __________________ unlawfully did deliver liquor to a person other than the consignee without a written order from such consignee, contrary to the provisions of The Liquor Act.
__________________
FORM P
(Section 115 (1))
FORM OF ORDER OF FORFEITURE OF LIQUOR SEIZED
(If in conviction, after adjudging penalty or imprisonment proceed thus:)
And I order the said liquor and vessels in which the same is kept to wit: Two barrels containing beer, three jars containing whisky, two bottles containing gin, four kegs containing lager beer and five bottles containing native wine (or as the case may be) to be forfeited to Her Majesty.
Given under my hand and seal this ____________________ day of _________________, 19_____, at the _________________ of __________________ in the said Province.
___________________________________ A Justice of the Peace in and for the Province of Saskatchewan
OR
(if by separate or subsequent order, thus:)
I, _________________________ a justice of the peace in and for the Province of Saskatchewan, having on the day of one thousand nine hundred and ____________________ at the ____________________ of ____________________ in the said Province of Saskatchewan duly convicted X.Y., of having unlawfully kept liquor for the purpose of sale or disposal contrary to the provisions of The Liquor Act, do hereby order the said liquor and vessels in which the same is kept, to wit: (describe the same as above) to be forfeited to Her Majesty.
Given under my hand and seal this ____________________ day of _________________, 19_____, at the _________________ of __________________ in the said Province.
___________________________________ A Justice of the Peace in and for the Province of Saskatchewan
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FORM Q
(Section 140)
The Liquor Act
_________________
NOTICE OF CONVICTION
(To be furnished in duplicate)
Name of informant .......................................................................................................
Name of accused ...........................................................................................................
Place of residence of accused ........................................................................................
Occupation of accused ..................................................................................................
Nature of charge or matter ..........................................................................................
Place of trial ..................................................................................................................
Date of hearing .............................................................................................................
Penalty ..........................................................................................................................
.......................................................................................................................................
Dated at ________________________ this ________________________ day of ________________________, 19_____.
To the Attorney General, Regina, Saskatchewan.
___________________________________
A Justice of the Peace in and for the Province of Saskatchewan
____________________
FORM R
(Section 158 (2))
ORDER OF INTERDICTION
CANADAProvince of Saskatchewan.
To whom it may concern:
Be it remembered that on the _____________________ day of _____________________, 19_____, complaint was made before the undersigned, a justice of the peace in and for the Province of Saskatchewan.
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That (state name and occupation and set out the facts as stared in the complaint) and now having duly heard the matter of the said complaint I do order that during the period of two years from the date hereof it shall be unlawful for the said _____________________ to have or consume liquor within the limits of the said Province.
Given under my hand and seal this _____________________ day of _____________________, 19_____, at the _____________________ of _____________________ in the said Province.
____________________________________ A Justice of the Peace in and for the Province of Saskatchewan
_________________
FORM S
(Section 158 (2))
NOTICE OF INTERDICTION
CANADAProvince of Saskatchewan.
To whom it may concern:
Take notice that under the provisions of section 158 of The Liquor Act, you are hereby notified that you are not during the period of two years from the _____________________ day of _____________________, 19_____, (insert date of interdiction order) to directly or indirectly sell, give or deliver or suffer to he sold, given or delivered to (here insert name and description of person) any liquor under the penalty of two hundred dollars.
Dated at ____________________ this _____________________ day of _____________________, 19_____.
_________________________________ (Chairman, Liquor Board)
___________________
FORM T
(Section 165)
WRIT FOR TAKING VOTE
CANADAProvince of Saskatchewan.
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith.
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To _____________________ of _____________________ in the Province of Saskatchewan, and to all others whom it may concern—Greeting:
WHEREAS, by the advice of our Executive Council of our Province of Saskatchewan,
We have ordered a vote to be taken in the (City, Town or Village) of _____________________ on the date of the next municipal election to be holden in the said municipality (or as the case may be) for the following purposes, namely:
We command you that notice of the time and place of such location being duly given, you do cause such vote to be taken according to law.
In testimony whereof we have caused these our letters to be made patent and the Great Seal of our Province of Saskatchewan to be hereunto affixed.
WITNESS our trusty and well beloved, _____________________ Lieutenant Governor of our Province of Saskatchewan, at our city of Regina this _____________________ day of _____________________ in the _____________________ year of our reign and the year of our Lord 19_____.
BY ORDER.
__________________________________ Clerk of the Executive Council.
__________________
FORM U
(Section 170 (1))
The Liquor Act
NOTICE OF ISSUE OF WRIT FOR TAKING VOTE
CANADA:Province of Saskatchewan.(City, Town or Village) of __________________________________.
Public notice is hereby given that under the provisions of The Liquor Act, a Writ has been issued for the taking of a vote of the electors in the (city, town or village) of _____________________ on the date of the next municipal election (or on _____________________ the _____________________day of _____________________, 19_____,) on the following question:
Shall a liquor store be established in the (city, town or village) of _____________________?
OR
Shall the liquor store (or stores) in the (city, town or village) of _____________________ be discontinued?
Dated at Regina this _____________________ day of _____________________, 19_____.
___________________________________ Clerk of the Executive Council
Poll to be held at ____________________________________.
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FORM V
(Section 172 (2))
The Liquor Act
__________________
BALLOT PAPER
QUESTION:—Shall a liquor store be established in the (city, town or village) of _____________________?
Submitted to the electors in the _____________________ of _____________________ this _____________________ day of _____________________, 19_____.
Are you in favour of establishing a liquor store? YES
NO
OR
The Liquor Act
__________________
BALLOT PAPER
QUESTION:—Shall the liquor store (or stores) in the (city, town or village) of be discontinued?
Submitted to the electors in the _____________________ of _____________________ this _____________________ day of _____________________, 19_____.
Are you in favour of discontinuing the liquor store? YES
NO
__________________
FORM W
(Section 178)
OATH OF OFFICE
I, A.B., do swear that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (name office) to which I have been appointed in connection with the voting upon the question submitted 10 the electors and to be voted upon on the _____________________ day of _____________________, 19_____, and that I have not received and will not receive any payment or reward or promise thereof for the exercise of any partiality or malversation or other undue execution of the said office; and, further, that I will not at such voting attempt in any way unlawfully to ascertain how an elector has voted; and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the manner in which any elector has voted. So help me God.
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Sworn by the said __________________before me at __________________ in theProvince of Saskatchewan, this _______________________ day of ______________,19_____.
__________________________________________Returning Officer, Deputy Returning Officer,a J.P., Notary Public or Commissioner forOaths.
____________________
FORM X
(Section 179)
OATH OF AGENT
I, A.B., do swear that I will not on the voting upon the question submitted to the electors and to be voted upon on the ___________________ day of ___________________, 19_____, attempt in any way unlawfully to ascertain how an elector has voted; and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the manner in which any elector has voted. So help me God.
Sworn by the said __________________before me at __________________ in theProvince of Saskatchewan, this _______________________ day of ______________,19_____.
__________________________________________Deputy Returning Officer, a Justice of thePeace, Notary Public or Commissioner forOaths.
____________________
FORM Y
(Section 180 (1))
OATH TO BE TAKEN BY VOTER
(In a city, town or village)
You swear (or solemnly affirm) that you are the person named (or intended to be named) by the name of in the voters’ list now shown to you (showing the list to the voter); and that you actually reside in this (city, town or village);
That you are of the full age of eighteen years;
That you have not voted before upon this question;
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That you have not directly or indirectly received any gift or reward nor do you expect to receive any for the vote which you tender;
That you have not received anything nor has anything been promised you directly or indirectly either to induce you to vote or for loss of time, travelling expenses, hire or conveyance or any other service connected with this vote; that you have not directly or indirectly paid, given or promised anything to another person to induce him to vote or to refrain from voting upon the question submitted. So help you God.
__________________
OATH TO BE TAKEN BY VOTER
(In a hamlet)
You swear (or solemnly affirm) that you are a British subject and that you are of the full age of eighteen years;
That you have resided in Saskatchewan for at least six months immediately preceding the ___________________ day of ___________________, 19_____, (day on which notice of intention to apply for a licence was received by the Liquor Board) and that you resided in this hamlet on that day;
That you are not disqualified under section 29 of The Saskatchewan Election Act to vote at a general election of members to serve in the Legislative Assembly;
That you have not voted before upon this question;
That you have not directly or indirectly received any gift or reward nor do you expect to receive any for the vote which you tender;
That you have not received anything nor has anything been promised you directly or indirectly either to induce you to vote or for loss of time, travelling expenses, hire or conveyance or any other service connected with this vote; that you have not directly or indirectly paid, given or promised anything to another person to induce him to vote or to refrain from voting upon the question submitted. So help you God.
___________________
FORM Z
(Section 184)
DECLARATION BY AGENT
I, ___________________________, appointed to be an agent in connection with the voting upon the question submitted to the electors and to be voted upon on the ___________________ day of ___________________, 19_____, do solemnly declare that I am interested in and desirous of obtaining an affirmative (or negative) answer to the question submitted; and
I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
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Declared before me at __________________ in the Province of Saskatchewan, this ____________________ day of _________________,19_____.
___________________________________________ Returning Officer (or Deputy Returning Officer).
_____________________
FORM AA
(Section 195 (2))
APPLICATION FOR RECOUNT
We, the undersigned electors of Polling Subdivision No._____ of (name of municipality), hereby apply for a recount of the votes cast in the said subdivision on the _________________ day of _________________, 19_____, on the question submitted to the electors on the following grounds, namely: (State reasons.)
Dated this _________________ day of _________________, 19_____.
_________________________________
_________________________________
_________________________________
__________________
FORM BB
(Section 218 (1))
OATH OF OFFICE
I, A.B., do solemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve upon me as _________________________________ and that I will not ask nor receive any sum of money, services, recompense or matter or thing whatever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my said office, except my salary or what may be allowed me by law or by an order of the Lieutenant Governor in Council. So help me God.
Sworn before me at the ________________of ___________________ in the Province of Saskatchewan, this ________________ day of ______________, 19_____.__________________________________________A Justice of the Peace, Notary Public or Commissioner for Oaths (or as the case may be).
Regina, SaskatchewanPrinted by the authority of
THE QUEEN’S PRINTER
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