Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22

• Jurisdiction: Ontario

Liquor Licence and Control Act, 2019

S.o. 2019, chapter 15
Schedule 22

Consolidation Period: From January 1, 2023 to the e-Laws currency date.

Last amendment: 2022, c. 2, Sched. 9.

CONTENTS

Part I
Interpretation

Interpretation

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; (“alcool”)

“beer”, subject to the regulations, 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 continued under subsection 2 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019; (“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 premises facility” means premises where equipment for the making of beer or wine on the premises is provided to individuals; (“centre de fermentation libre-service”)

“inspector” means an inspector designated under section 54 and, except in subsection 54 (1) or as provided by subsection 55 (1.2), includes a person who is acting under the authority of subsection 55 (1.1); (“inspecteur”)

“investigator” means an investigator appointed under section 56 and, except in subsection 56 (1), includes a person who is acting under the authority of subsection 56 (4); (“enquêteur”)

“LCBO” means the Liquor Control Board of Ontario continued under subsection 2 (1) of the Liquor Control Board of Ontario Act, 2019; (“Régie des alcools”)

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

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

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

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

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

“Ontario wine” means wine produced from agricultural products grown in Ontario, and may include agricultural products grown outside of Ontario in the prescribed amounts; (“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 as defined in subsection 1 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019; (“registrateur”)

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

“residence” means a place used as a dwelling, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent; (“habitation”)

“retail store” means a store for the sale of liquor to the public that is established by the LCBO or operated under the authority of a licence, including a store that operates online or through a means other than at a fixed location; (“magasin de vente au détail”)

“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; (“vendre”)

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “spirits” in subsection 1 (1) of the Act is amended by striking out ““spirits” means” at the beginning and substituting ““spirits”, subject to the regulations, means”. (See: 2020, c. 36, Sched. 26, s. 1 (3))

“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; (“Tribunal”)

“wine”, subject to the regulations, means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of,

(a) fruits, including grapes and apples, or

(b) other agricultural products containing sugar, including honey and milk. (“vin”) 2019, c. 15, Sched. 22, s. 1 (1); 2020, c. 36, Sched. 26, s. 1 (1, 2); 2021, c. 25, Sched. 13, s. 1; 2022, c. 2, Sched. 9, s. 1.

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 holding, directly or indirectly, 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. 2019, c. 15, Sched. 22, s. 1 (2).

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

2020, c. 36, Sched. 26, s. 1 (1, 2) - 29/11/2021; 2020, c. 36, Sched. 26, s. 1 (3) - not in force; 2020, c. 36, Sched. 26, s. 1 (4) - no effect - see 2021, c. 25, Sched. 13, s. 9 - 03/06/2021

2021, c. 25, Sched. 13, s. 1 - 29/11/2021

2022, c. 2, Sched. 9, s. 1 (1, 2) - 03/03/2022

Part II
Licences and Permits

Licence or Permit Required

Licence or permit required

2 (1) Except under the authority of a licence or permit, no person shall,

(a) keep for sale, offer for sale or sell liquor;

(b) permit individuals to possess or consume open liquor in a public place that has not been designated by a municipality under clause 41 (1) (d);

(c) serve or offer to serve liquor in a public place;

(d) take or solicit orders for the sale of liquor;

(e) deliver liquor for a fee; or

(f) operate a ferment on premises facility.

Exception

(2) Subsection (1) does not apply to the LCBO or anything done under the authority of the LCBO.

Representing manufacturers

(3) No person shall directly or indirectly act as or purport to be an agent or representative of a manufacturer in respect of the sale of liquor or take or solicit an order for the sale of liquor by a manufacturer unless the person is the holder of a licence to represent the manufacturer.

Licences

Application for a licence

3 (1) A person may apply to the Registrar for the following categories of liquor licence:

1. A licence to operate a liquor consumption premises.

2. A licence to operate a retail store.

3. A licence to operate as a wholesaler.

4. A licence to deliver.

5. A licence to operate a ferment on premises facility.

6. A licence to represent a manufacturer.

7. A manufacturer’s licence to sell. 2019, c. 15, Sched. 22, s. 3 (1); 2021, c. 25, Sched. 13, s. 2 ( 1).

Endorsements

(2) A licensee may request a prescribed endorsement on their licence, authorizing the licensee to take actions that are prohibited by subsection 2 (1) and not otherwise authorized by the licence. 2019, c. 15, Sched. 22, s. 3 (2).

Granting of endorsements

(3) The Registrar may grant a prescribed endorsement in accordance with the regulations and subject to any prescribed conditions. 2019, c. 15, Sched. 22, s. 3 (3).

Same

(3.1) If the Registrar proposes to refuse to grant an endorsement that is of a class of endorsement prescribed for the purposes of this subsection, the Registrar shall issue a proposal to refuse to grant the endorsement. 2020, c. 36, Sched. 26, s. 2.

Same

(3.2) The Registrar shall grant an endorsement if the Tribunal directs the Registrar to grant the endorsement. 2020, c. 36, Sched. 26, s. 2.

Ineligibility

(4) An applicant is not eligible for a licence 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) the past or present conduct of the persons described in subsection (5) affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty;

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

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

(e) the applicant is carrying on activities that are, or if the applicant were licensed would be, in contravention of a by-law of the City of Toronto passed under subsection 79 (1);

(f) the premises, accommodation, equipment and facilities in respect of which the licence would be issued are not, or if the licence were issued would not be, in compliance with this Act, the regulations or the standards and requirements established by the Registrar under section 24, or, in the opinion of the Registrar, the applicant does not, or if the licence were issued would not, exercise sufficient control, either directly or indirectly, over the premises, accommodation, equipment or facilities; or

(g) a prescribed circumstance exists in relation to the category or class of the category of licence. 2019, c. 15, Sched. 22, s. 3 (4); 2021, c. 25, Sched. 13, s. 2 (2).

Same

(5) Clause (4) (b) applies to the following persons:

1. The applicant.

2. An officer or...