Liquor Licence Act, R.S.O. 1990, c. L.19

• Jurisdiction: Ontario

Liquor Licence Act

R.S.O. 1990, CHAPTER L.19

Historical version for the period April 19, 2021 to November 28, 2021.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is repealed. (See: 2019, c. 15, Sched. 22, s. 85)

Last amendment: 2021, c. 4, Sched. 11, s. 21.

CONTENTS

Definitions

1 (1) In this Act,

“alcohol” means a product of fermentation or distillation of grains, fruits or other agricultural products, and includes synthetic ethyl alcohol; (“éthanol”)

“beer” means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water; (“bière”)

“Board” means the board of the Alcohol and Gaming Commission of Ontario established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996; (“conseil”)

“conservation officer” means a conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 who is engaged in carrying out his or her duties; (“agent de protection de la nature”)

“ferment on premise facility” means premises where equipment for the making of beer or wine on the premises is provided to individuals; (“centre de fermentation libre-service”)

“government store” means a government store established under the Liquor Control Act; (“magasin du gouvernement”)

“licence” means a licence issued under this Act; (“permis”)

“liquor” means spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter; (“alcool”)

“manufacturer” means a person who produces liquor for sale; (“fabricant”)

“municipality” means a local municipality; (“municipalité”)

“Ontario wine” means,

(a) wine produced in Ontario from grapes, cherries, apples or other fruits grown in Ontario, the concentrated juice of those fruits or other agricultural products containing sugar or starch and includes Ontario wine to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario,

(b) wine produced by the alcoholic fermentation of Ontario honey, with or without the addition of caramel, natural botanical flavours or the distillate of Ontario honey wine, or

(c) wine produced from a combination of,

(i) apples grown in Ontario or the concentrated juice thereof to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario, and

(ii) the concentrated juice of apples grown outside of Ontario,

in such proportion as is prescribed; (“vin de l’Ontario”)

“permit” means a permit issued under this Act; (“permis de circonstance”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Registrar” means the Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“sell” means to supply for remuneration, directly or indirectly, in any manner by which the cost is recovered from the person supplied, alone or in combination with others, and “sale” has a corresponding meaning; (“vendre”, “vente”)

“spirits” means any beverage containing alcohol obtained by distillation; (“spiritueux”)

“supply” includes a licensee’s permitting the consumption on licensed premises of wine that a patron has brought onto the premises, in accordance with the regulations, for the patron’s consumption, alone or in the company of others; (“fournir”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations; (“Tribunal”)

“wine” means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of fruits, including grapes, apples and other agricultural products containing sugar, and including honey and milk. (“vin”) R.S.O. 1990, c. L.19, s. 1; 1996, c. 26, s. 3 (1); 1998, c. 18, Sched. E, s. 166; 1998, c. 24, s. 1; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. E, s. 7 (1, 2); 2004, c. 28, s. 1; 2006, c. 34, s. 16 (1, 2); 2011, c. 1, Sched. 1, s. 6 (1); 2018, c. 12, Sched. 2, s. 56 (1); 2019, c. 7, Sched. 38, s. 1.

Interpretation of “interested person”

(2) For the purposes of this Act, a person is deemed to be interested in another person if,

(a) the first person has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest of any kind, either directly or indirectly, in the other person’s business, including but not limited to a holder, directly or indirectly, of shares or other securities;

(b) the first person exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, direct or indirect control over the other person’s business; or

(c) the first person has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, direct or indirect financing to the other person’s business. 2006, c. 34, s. 16 (3).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. E, s. 166 - 18/12/1998; 1998, c. 24, s. 1 - 30/03/2000

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. E, s. 7 (1, 2) - 28/02/2003

2004, c. 28, s. 1 - 24/01/2005

2006, c. 34, s. 16 (1-3) - 01/07/2007

2011, c. 1, Sched. 1, s. 6 (1) - 01/07/2011

CTS 15 JL 16 - 3

2018, c. 12, Sched. 2, s. 56 (1) - 16/11/2018

2019, c. 7, Sched. 38, s. 1 - 29/05/2019

2 Repealed: 1996, c. 26, s. 3 (2).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 3 (2) - 22/02/1998

3 Repealed: 1996, c. 26, s. 3 (3).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 3 (3) - 22/02/1998

4 Repealed: 1993, c. 38, s. 68.

Section Amendments with date in force (d/m/y)

1993, c. 38, s. 68 - 14/02/1994

Licences and Permits

Licence or permit required

5 (1) No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence or permit to sell liquor or under the authority of a manufacturer’s licence.

Soliciting orders

(2) No person shall canvass for, receive or solicit orders for the sale of liquor unless the person is the holder of a licence or permit to sell liquor or unless the person is the holder of a licence to represent a manufacturer.

Delivery for fee

(3) No person shall deliver liquor for a fee except under the authority of a licence to deliver liquor.

Exception

(4) Subsections (1), (2) and (3) do not apply to the sale or delivery of liquor by or under the authority of the Liquor Control Board of Ontario under the Liquor Control Act. R.S.O. 1990, c. L.19, s. 5.

Licence required, ferment on premise facility

5.1 No person shall operate a ferment on premise facility except under the authority of a licence to operate such a facility. 2006, c. 34, s. 16 (4).

Section Amendments with date in force (d/m/y)

1998, c. 24, s. 2 - 30/03/2000

2006, c. 34, s. 16 (4) - 01/07/2007

Licence to sell

6 (1) A person may apply to the Registrar for a licence to sell liquor. R.S.O. 1990, c. L.19, s. 6 (1); 2002, c. 18, Sched. E, s. 7 (3).

Requirements

(2) Subject to subsection (4) or (4.1), an applicant is entitled to be issued a licence to sell liquor except if,

(a) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s business;

(b), (c) Repealed: 1998, c. 18, Sched. E, s. 167 (1).

(d) the past or present conduct of the persons referred to in subsection (3) affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(e) the applicant or an employee or agent of the applicant makes a false statement or provides false information in an application under this Act;

(f) the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Act or the regulations;

(f.1) the applicant is carrying on activities that contravene, or will contravene if the applicant is licensed, a by-law of the City of Toronto passed under subsection 62.1 (1);

(g) the premises, accommodation, equipment and facilities in respect of which the licence is to be issued are not, or will not be, if the applicant is licensed, in compliance with this Act and the regulations;

(g.1) the applicant is not able to demonstrate to the satisfaction of the Registrar that he, she or it will exercise sufficient control, either directly or indirectly, over the business, including the premises, accommodation, equipment and facilities in respect of which the licence is to be issued; or

(h) the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located. R.S.O. 1990, c. L.19, s. 6 (2); 1998, c. 18, Sched. E, s. 167 (1, 2); 2006, c. 11, Sched. B, s. 8 (1); 2006, c. 34, s. 16 (5).

Idem

(3) Clause (2) (d) applies to the following persons:

1. The applicant.

2. An officer or director of the applicant.

3. A person who is interested in another person, as described in subsection 1 (2).

4. A person having responsibility for the management or operation of the business of the applicant.

5. Repealed: 2006, c. 34, s. 16 (6).

R.S.O. 1990, c. L.19, s. 6 (3); 2006, c. 34, s. 16 (6).

Prohibition

(4) A licence to sell liquor shall not be issued,

(a) to a manufacturer; or

(b) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer. 1998, c. 18, Sched. E, s. 167 (3).

Same

(4.1) Subject to subsection (4.2), a licence to sell liquor shall not be issued,

(a) to a person who is under...