P-9.1 - Act respecting liquor permits

Section 42 Disposition versions

2021-08-05

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant or, in the case of a permit authorizing the sale or service of alcoholic beverages for consumption on the premises, the person responsible for the management of the establishment concerned

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant or the person responsible for the management of the establishment has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 1, s. 145; 2018, c. 20, s. 7.

2019-01-01

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 1, s. 145.

2010-08-05

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58.

2002-12-19

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166.

2001-12-20

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, ambulance services and the disposal of human bodies (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166.

1999-10-22

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210.

1997-06-19

42. The board may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26.

1993-07-14

42. The board may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant or a person contemplated in section 38

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)   completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 36.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant or the person referred to in the first paragraph has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95.

1990-12-20

42. The Régie may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant or a person contemplated in section 38

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1); or

(2)   completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 36.

Notwithstanding the foregoing, in no case may the Régie refuse to issue a permit if the applicant or the person referred to in the first paragraph has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3.

1990-10-01

42. The Régie may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant or a person contemplated in section 38

(1)  was convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1) or section 33 of the Juvenile Delinquents Act (Revised Statutes of Canada, 1970, c. J-3); or

(2)   completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 36.

Notwithstanding the foregoing, in no case may the Régie refuse to issue a permit if the applicant or the person referred to in the first paragraph has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632.

1987-02-15

42. The Régie may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant or a person contemplated in section 38

(1)  was found guilty of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages, an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an Act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1) or section 33 of the Juvenile Delinquents Act (Revised Statutes of Canada, 1970, c. J-3); or

(2)   completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 36.

Notwithstanding the foregoing, in no case may the Régie refuse to issue a permit if the applicant or the person referred to in the first paragraph has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209.

1980-06-01

42. The Régie may refuse to issue a permit, if a delay of five years has not elapsed since the date when the applicant or a person contemplated in section 38

(1)  was found guilty of an offence against this act or the regulations, the Act respecting offences relating to alcoholic beverages, an act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or a regulation made under such an act, section 44 of the Public Health Protection Act (chapter P-35), section 135 of the Youth Protection Act (chapter P-34.1) or section 33 of the Juvenile Delinquents Act (Revised Statutes of Canada, 1970, c. J-3); or

In force: 1980-10-15

(2)   completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 36.

1979, c. 71, s. 42.