The question regarding unopened alcohol in a car in Alberta is one that has generated much discussion and confusion.
While many online sources offer varying degrees of information, there is a lack of direct citation from official laws.
We are aiming to clarify the regulations surrounding this issue by referencing the Alberta Gaming, Liquor and Cannabis Regulation, specifically Division 5, which deals with the transportation of liquor.
Can you legally have unopened alcohol (liquor) in the car in Alberta?
It is illegal to transport liquor in a vehicle if the liquor is within easy access of an occupant of the vehicle.
The liquor must be in a container that is capped, corked, or otherwise closed, whether or not the container has been previously opened.
This is according to Division 5 of the Alberta Gaming, Liquor and Cannabis Regulation.
Here is a screenshot of the relevant section of Division 5 of the Alberta Gaming, Liquor and Cannabis Regulation.
Transportation of liquor
87.1(1) Liquor may be transported under section 83 of the Act only in accordance with this section.
(2) Except as otherwise provided for in the Act or in a liquor licence, no person may
(a) transport liquor unless the liquor is in a container that is capped, corked or otherwise closed, whether or not the container has been previously opened;
(b) transport liquor in a vehicle if the liquor is within easy access of an occupant of the vehicle.
What is legally considered “Liquor” in Alberta?
The same Alberta regulation, and in fact, the same division of the law, gives the definition of liquor in the following way:
Definition of liquor
86 For the purposes of section 1(1)(q) of the Act, a product that is intended for human consumption in which the percentage of alcohol by volume exceeds 1% is liquor.
Legal Framework
Alberta Gaming, Liquor and Cannabis Regulation
The Alberta Gaming, Liquor and Cannabis Regulation is the primary legislation that governs the transportation of alcohol in Alberta.
Division 5 of this regulation specifically addresses the issue. It states that no person may transport liquor in a vehicle if the liquor is within easy access of an occupant.
“In Reach” Concept
The concept of “in reach” is not explicitly defined in the Alberta Gaming, Liquor and Cannabis Regulation.
However, it is generally understood to mean that the alcohol should not be easily accessible to any occupant of the vehicle, including the driver.
You would be extra safe to store it in the trunk or back of the truck for example.
Penalties and Consequences
Breaking the law regarding the transportation of alcohol can result in fines and potential legal repercussions.
It’s crucial to be aware of the law to avoid any complications.
In Summary
- The Alberta Gaming, Liquor and Cannabis Regulation is the primary source of law governing the transportation of alcohol in Alberta.
- Division 5 of this regulation states that alcohol must not be within easy access of any occupant in the vehicle.
- The concept of “in reach” is not explicitly defined in the law but is generally understood to mean not easily accessible.
- Penalties for breaking this law can include fines and other legal repercussions.
