Regulations Respecting Excise Licences and Registrations

2 (1) In order to be issued a licence, a person must submit to the Minister a completed application, in the form authorized by the Minister, accompanied by a list of the premises in respect of which the application is being made.

(2) Subject to subsections (3) and (4), an applicant is eligible for a licence, other than a licence issued under section 22 of the Act, if

• (a) they are not the subject of a receivership in respect of their debts;

• (b) they have not, in the five years immediately before the date of the application,

  • (i) failed to comply with any Act of Parliament, other than the Act, or of the legislature of a province respecting the taxation of or controls on alcohol, tobacco products or vaping products or any regulations made under it, or

  • (ii) acted to defraud Her Majesty;

• (c) in the case of an applicant who is an individual, they

  • (i) are at least eighteen years of age, and

  • (ii) have sufficient financial resources to conduct their business in a responsible manner;

• (d) in the case of an applicant that is a partnership or unincorporated body,

  • (i) where the partnership or unincorporated body is composed only of individuals, each of the individuals meets the requirement of subparagraph (c)(i) and the partnership or unincorporated body meets the requirement of subparagraph (c)(ii),

  • (ii) where the partnership or unincorporated body is composed only of corporations, each of the corporations meets the requirement of subparagraph (c)(ii), and

  • (iii) where the partnership or unincorporated body is composed of both individuals and corporations, each of the individuals meets the requirement of subparagraph (c)(i) and the partnership or unincorporated body and each of the corporations meet the requirement of subparagraph (c)(ii); and

• (e) in the case of an applicant that is a corporation, the corporation meets the requirement of subparagraph (c)(ii).

(3) Subject to subsection (4), an applicant for a licence issued under section 19 of the Act authorizing them to possess in their excise warehouse non-duty-paid packaged alcohol must, in addition to meeting the requirements of subsection (2), where the province in which the warehouse is located has enacted legislation respecting the warehousing of packaged alcohol, be authorized by that province or its liquor authority to warehouse the alcohol at that warehouse.

(4) The additional requirement referred to in subsection (3) does not apply to an applicant who is an alcohol licensee that is producing or packaging alcohol in the province where the warehouse is located.

(5) [Repealed, SOR/2005-355, s. 1]