R.R.O. 1990, Reg. 718: GENERAL

Liquor Licence Act

R.R.O. 1990, REGULATION 718

general

Historical version for the period April 15, 2021 to June 23, 2021.

Last amendment: 283/21.

Legislative History: 400/92, 790/93, 167/96, 230/96, 62/98, 211/98, 372/00, 233/01, 477/01, 246/02, 259/02, 285/02, 159/03, 434/04, 353/07, 180/11, 461/11 (as am. by 366/12), 365/12, 296/15, 30/16, 246/16, 198/19 (as am. by 424/19 and 325/20), 355/19, 376/20 (as am. by 726/20 and 283/21), 726/20 (as am. by 283/21), 283/21.

This is the English version of a bilingual regulation.

CONTENTS

1. (1) In the definition of “beer” in section 1 of the Act, the prescribed proportion is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight.  R.R.O. 1990, Reg. 718, s. 1 (1).

(2) In the definition of “Ontario wine” in section 1 of the Act, the prescribed proportion of the concentrated juice of apples grown outside of Ontario used in the production of Ontario wine is 30 per cent or less of the total content of the wine.  R.R.O. 1990, Reg. 718, s. 1 (2).

(3) In the definition of “wine” in section 1 of the Act, the prescribed proportion is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight.  R.R.O. 1990, Reg. 718, s. 1 (3).

Licence to Represent a Manufacturer

2. (1) An application for the issue or renewal of a licence to represent a manufacturer issued under section 11 of the Act must be on a form supplied by the Registrar.  O. Reg. 211/98, s. 1; O. Reg. 30/16, s. 1.

(2) An employee of a manufacturer licensed under section 22 of the Act is exempt from subsection 5 (2) and section 11 of the Act.  O. Reg. 211/98, s. 1.

(3) An employee referred to in subsection (2) shall comply with section 2.1.  O. Reg. 211/98, s. 1.

2.1 (1) The conditions set out in subsection (2) apply to all holders of a licence to represent a manufacturer except that paragraph 1 of that subsection does not apply to holders who canvass for, receive or solicit orders for the sale of liquor by moving from place to place and not from a premises described in that paragraph.  O. Reg. 167/96, s. 1.

(2) The following are conditions of a licence to represent a manufacturer that a holder of such a licence must comply with:

0.1  The holder shall ensure that the holder, all managers and other persons, whether employed by or under contract to the holder, who are involved in taking orders from customers for the sale of liquor or in providing samples of liquor to customers for the purpose of encouraging the sale of liquor to them, hold a certificate demonstrating the successful completion of a server training course approved by the Board.

1.  The holder shall not canvass for, receive or solicit orders for the sale of liquor except at a premises operated solely for that purpose or solely for that purpose and the purpose of selling items related to liquor.

2.  The holder shall notify the Registrar of the address of any premises described in paragraph 1 within five business days of the opening of such premises.

3.  The holder shall use a form of purchase order approved by the Registrar for receiving an order for the sale of liquor by the manufacturer that the holder represents.

4.  The holder shall remit all purchase orders to the Liquor Control Board of Ontario or to a store operated by the manufacturer to which an authorization under clause 3 (1) (e) of the Liquor Control Act applies and shall not take delivery of the liquor unless the order has been accepted by the Liquor Control Board of Ontario or the manufacturer and a copy of the order is attached to the liquor.

5.  The holder shall not keep liquor except for the purpose of,

i.  delivering it to the person who ordered it in accordance with the purchase order received by the holder and accepted by the Liquor Control Board of Ontario or the manufacturer,

ii.  carrying out market research, or

iii.  providing a sample of a product of the manufacturer on condition that the sample is provided in a sealed, unopened container.

6.  The holder shall not keep more than 360 litres of liquor for all of the purposes set out in paragraph 5 and shall keep liquor only at a premises described in paragraph 1.

7.  The holder shall retain purchase orders for one year after receiving them.

8.  Upon delivering liquor to a purchaser who purchases it from the holder, the holder shall provide the purchaser with an invoice that shows the cost of the liquor and any service fees charged by the holder. O. Reg. 167/96, s. 1; O. Reg. 62/98, s. 2; O. Reg. 353/07, s. 1; O. Reg. 296/15, s. 1; O. Reg. 30/16, s. 1, 2 (1-4).

(3) Revoked: O. Reg. 30/16, s. 2 (5).

Private Place

3. (1) For the purposes of clauses 30 (13) (a) and 31 (2) (c) of the Act,

“private place” means a place, vehicle or boat described in this section. R.R.O. 1990, Reg. 718, s. 3 (1).

(2) An indoor place to which the public is not ordinarily invited or permitted is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s. 3 (2); O. Reg. 376/20, s. 1.

(3) Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place. R.R.O. 1990, Reg. 718, s. 3 (3).

(4) A motor vehicle equipped with sleeping accommodation and cooking facilities is considered to be a private place while it is parked and being used as a residence. R.R.O. 1990, Reg. 718, s. 3 (4).

(5) Despite subsection (4), a motor vehicle is not considered to be a private place while it is on a highway or a King’s Highway within the meaning of the Highway Traffic Act. R.R.O. 1990, Reg. 718, s. 3 (5).

(6) A boat that is used exclusively to carry freight and is under the command of a person certified under the Canada Shipping Act, 2001 is considered to be a private place. R.R.O. 1990, Reg. 718, s. 3 (6); O. Reg. 246/16, s. 1.

(7) A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire is considered to be a private place while the boat is at anchor or is secured to the dock or land. R.R.O. 1990, Reg. 718, s. 3 (7).

(8) If a boat is considered under subsection (7) to be a private place and is secured to a dock or land to which the public is not ordinarily invited or permitted then the dock or land is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s. 3 (8); O. Reg. 376/20, s. 1.

(9) A boat that is used exclusively to carry passengers for hire and has sleeping accommodation for all passengers is considered to be a private place if it is under the command of a person certified under the Canada Shipping Act, 2001. R.R.O. 1990, Reg. 718, s. 3 (9); O. Reg. 246/16, s. 1.

(10) A boat that is owned or operated by the Canadian Coast Guard is considered to be a private place. R.R.O. 1990, Reg. 718, s. 3 (10).

Importation of Liquor into Ontario

3.1 For the purposes of clause 33.1 (1) (c) of the Act, liquor may be imported into Ontario in the following circumstances:

1.  The liquor is imported from outside of Canada in accordance with the Importation of Intoxicating Liquors Act (Canada).

2.  The liquor is imported into Ontario from another province or territory of Canada by the Liquor Control Board of Ontario or under its authority.

Note: On July 1, 2021, paragraph 2 of section 3.1 of the Regulation is revoked. (See: O. Reg. 198/19, s. 1 (2); O. Reg. 424/19, s. 1; O. Reg. 325/20, s. 1)

2.1  The liquor was purchased in another province or territory of Canada and brought into Ontario on the person of an individual who is eligible to purchase liquor in Ontario and who intends to use the liquor for personal use and not for resale or commercial use.

3.  The liquor is imported from another province or territory of Canada by a manufacturer licensed under section 22 of the Act solely for the purpose of blending the liquor with or using it to flavour spirits, beer or wine produced by the manufacturer.

4.  The liquor is beer and is shipped from another province or territory of Canada by a manufacturer of beer licensed under section 22 of the Act to its facility in Ontario for the purpose of selling the beer to purchasers in Ontario in accordance with the terms of its licence.

5.  The liquor is imported into Ontario from another province or territory of Canada to be used solely for medicinal purposes or for manufacturing or commercial purposes,  other than the manufacturing of liquor or any use of the liquor as a beverage.

6.  The liquor is imported into Ontario from another province or territory of Canada by a vendor of sacramental wines appointed by the Liquor Control Board of Ontario under clause 3 (1) (k) of the Liquor Control Act.

7.  The liquor is transported through Ontario and is not opened or used while it is in Ontario. O. Reg. 198/19, s. 1 (1); O. Reg. 355/19, s. 1.

Hospitals and Institutions

4. The hospitals listed in Column 2 of Schedule 1 and located at the places listed in Column 1 of Schedule 1 are designated for the purpose of subsection 36 (1) of the Act.  O. Reg. 790/93, s. 1; O. Reg. 296/15, s. 2.

5. The following institutions are designated for the purpose of subsection 37 (1) of the Act:

1.  The Rideau Correctional Centre.

2.  Ontario Correctional Institution, Brampton.

3.  Vanier Centre for Women, Brampton.

4.  Monteith Correctional Centre, Monteith.

5.  Kenora Jail, Kenora.  R.R.O. 1990, Reg. 718, s. 5.

Consumption of Liquor for Research or Educational Purposes

6. (1) The Registrar may approve the possession, service or consumption of liquor for research or educational purposes in the circumstances described in this section.  O. Reg. 62/98, s. 3; O. Reg. 353/07, s. 2; O. Reg. 30/16, s. 1.

(2) The purpose of the research or education must be,

(a)  to educate and train persons in the responsible sale and service of liquor;

(a.1)  to educate and train persons in the making and testing of liquor; or

(b)  to test the effects of liquor consumption on humans.  R.R.O. 1990, Reg. 718, s. 6 (2); O. Reg. 477/01, s. 1 (1).

(3) The education and training described in clause (2) (a) must occur in a post secondary educational institution or at a law enforcement agency.  R.R.O. 1990, Reg. 718, s. 6 (3).

(3.1) The education and training described in clause (2) (a.1) must,

(a)  occur in a post secondary educational institution with a program of instruction in the science and art of making liquor that is,

(i)  a group of related courses leading to a degree, diploma, certificate or other document awarded by the institution, and

(ii)  authorized to be offered in Ontario;

(b)  be restricted to students enrolled in the program; and

(c)  be conducted and supervised by persons who have successfully completed a course on server training approved by the Board.  O. Reg. 477/01, s. 1 (2); O. Reg. 461/11, s. 1; O. Reg. 30/16, s. 3.

(3.2) Subsections 30 (1), (2) and (8) of the Act do not apply to prevent the possession, service and consumption of liquor by a person who is at least 18 years of age for purposes of the education and training described in clause (2) (a.1).  O. Reg. 159/03, s. 1.

(4) The testing described in clause (2) (b) must occur in a medical institution or research facility the object of which is research into drug addiction.  R.R.O. 1990, Reg. 718, s. 6 (4).

(5) The applicant for the approval must undertake to supervise the possession, service and consumption of liquor.  O. Reg. 62/98, s. 3.

Local Option

7. For the purposes of subsections 53 (1) and (2) of the Act, the following questions are prescribed:

1.  Are you in favour of the retail sale of spirits, beer and wine in government stores?

2.  Are you in favour of the sale of spirits, beer and wine for consumption in licensed premises?

3.  Shall the municipality continue to prohibit the sale of spirits in licensed premises?  R.R.O. 1990, Reg. 718, s. 7.

8. For the purposes of subsections 54 (1) and (2) of the Act, the following questions are prescribed:

1.  Shall the sale of spirits, beer and wine in government stores in the municipality be prohibited?

2.  Shall the sale of beer and wine in licensed premises be prohibited?

3.  Shall the sale of spirits, beer and wine in licensed premises be prohibited?  R.R.O. 1990, Reg. 718, s. 8.

Exemptions from Provisions of the Act

9. (1) The Act does not apply with respect to a product capable of human consumption that contains 0.5 of 1 per cent or less of alcohol by volume or 0.4 of 1 per cent or less of alcohol by weight.  R.R.O. 1990, Reg. 718, s. 9 (1).

(2) The Act does not apply with respect to concentrated food and beverage flavouring extracts that are not palatable when consumed alone.  R.R.O. 1990, Reg. 718, s. 9 (2).

(3) The Act does not apply with respect to denatured cooking wine that contains 20 per cent or less alcohol by volume and 1.5 per cent or more salt by volume.  O. Reg. 230/96, s. 1.

10. Section 5 of the Act does not apply to a person, other than a manufacturer of liquor, who sells liquor to the Liquor Control Board of Ontario.  R.R.O. 1990, Reg. 718, s. 10.

11. Subsection 31 (2) of the Act does not apply to a person who, for the purpose of tasting or testing it, possesses or consumes liquor,

(a)  in a government store under the supervision of a store employee;

(a.1)  under the supervision of a store employee in a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies; or

(b)  in other premises operated by the Liquor Control Board of Ontario under the supervision of an employee of that Board.  O. Reg. 285/02, s. 1; O. Reg. 296/15, s. 3; O. Reg. 30/16, s. 4.

12. A person who is authorized to conduct a lottery event in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) is exempt from subsection 5 (1) of the Act for the purpose of awarding alcohol as a prize for the lottery on condition that the person complies with any guidelines established by the Registrar and published on the website of the Alcohol and Gaming Commission of Ontario, as they are amended from time to time.  O. Reg. 246/02, s. 1; O. Reg. 296/15, s. 4; O. Reg. 30/16, s. 1.

13. (1) Subsections 52 (1) and (2) of the Act do not apply with respect to the following:

1.  Premises located in that part of the Township of Wallace in the County of Perth annexed to the Town of Palmerston in the County of Wellington as of the 1st day of July, 1975 and being composed of part of Lot 21, Concession 10 of the said Township of Wallace and being more particularly described in Schedule A of Ontario Municipal Board Order M 74256 dated the 15th day of August, 1975 and filed with the Ontario Municipal Board.

2.  Premises located in that part of the Township of West Garafraxa in the County of Wellington annexed to the Town of Fergus in the County of Wellington as of the 1st day of June, 1977 by an Order of the Municipal Board numbered 76232 and being composed of that part of the southwest half of Lot 5 in the First Concession of the Township of West Garafraxa designated as parts 1 and 2 according to a reference plan deposited with the Land Registrar for the Land Registry Division of Wellington North (No. 60) as Plan 60R-1483-1/2.

3.  Premises located in that part of the Township of Bentinck in the County of Grey that was annexed to the Town of Hanover on the 1st day of January, 1967 and being composed of lots 9 and 10, Concession I, north of the Durham Road and parts of lots 5 and 6, Concession I, south of the Durham Road, more particularly described in Schedule A to Ontario Municipal Board Order P85-65 dated the 29th day of April, 1966 and filed with the Ontario Municipal Board.

4.  Premises located in that part of the Township of Vespra in the County of Simcoe annexed to the City of Barrie as of the 1st day of January, 1964 and described in Schedule A of Ontario Municipal Board Order N4531-62 dated the 31st day of December, 1963 and filed with the Ontario Municipal Board.

5.  Premises located in those parts of the Township of Yarmouth in the County of Elgin that have been annexed to the City of St. Thomas and that are described in the Ontario Municipal Board orders set out in Table 1.

6.  Premises located on lands within the Township of Centre Wellington adjacent to the former Village of Elora, being part of Lot 1, Concession 1, east of the Grand River, geographic Township of Pilkington, in the Township of Centre Wellington, County of Wellington, being more fully described as Part 1, according to Reference Plan 61R-6272.  R.R.O. 1990, Reg. 718, s. 13 (1); O. Reg. 372/00, s. 1; O. Reg. 259/02, s. 1.

(2) Subsections 52 (1) and (2) of the Act do not apply to premises used as a store and operated by a manufacturer to which an authorization for the sale of Ontario wine under clause 3 (1) (e) of the Liquor Control Act applies if the store is located on premises used for the manufacture of Ontario wine. O. Reg. 296/15, s. 5.

Liquor Delivery Licences

14. (1) An application for the issuance or renewal of a licence to deliver liquor shall be on a form supplied by the Registrar.  O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1.

(1.1) A licence holder is exempt from subsection 10 (5) of the Act and the condition in paragraph 3 of subsection 15 (1) of this Regulation if the licence holder is acting under an agreement with a manufacturer of liquor to deliver the liquor of that manufacturer for a charitable purpose. O. Reg. 365/12, s. 1; O. Reg. 296/15, s. 6; O. Reg. 376/20, s. 2 (1); O. Reg. 726/20, s. 1 (1).

(1.2) A licence holder is exempt from subsection 10 (5) of the Act with respect to an agreement with a manufacturer of liquor that facilitates or promotes the purchase and delivery of the manufacturer’s liquor to a customer, if the agreement,

(a)  Revoked: O. Reg. 283/21, s. 1.

(b)  does not restrict either party to the agreement from entering into an agreement with another person that facilitates or promotes the purchase and delivery of the manufacturer’s liquor to a customer; and

(c)  does not restrict the manufacturer from arranging for the delivery of the liquor of the manufacturer on the manufacturer’s behalf in accordance with the conditions of an authorization issued under clause 3 (1) (e) of the Liquor Control Act. O. Reg. 376/20, s. 2 (2); O. Reg. 726/20, s. 1 (2, 3); O. Reg. 283/21, s. 1.

(1.3) Subsection (1.2) applies with necessary modifications with respect to agreements with Brewers Retail Inc. that facilitate or promote the purchase and delivery of liquor. O. Reg. 376/20, s. 2 (2); O. Reg. 726/20, s. 1 (4).

(2) Subject to section 13 of the Act, a licence to deliver liquor expires on the date set out in the licence.  O. Reg. 233/01, s. 2.

(2.1) A licence holder whose business address changes shall immediately inform the Registrar of the new address.  O. Reg. 353/07, s. 3; O. Reg. 30/16, s. 1.

(3) A licence holder who ceases to deliver liquor shall immediately surrender the licence to the Registrar.  O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1.

(4) Subsection (3) does not apply if an application is made to the Registrar to transfer the licence.  O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1.

15. (1) A licence to deliver liquor for a fee is subject to the following conditions:

1.  Subject to paragraph 2, the licence holder shall ensure that liquor that is delivered under the licence is purchased or obtained only from,

i.  a government store,

ii.  a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, or

iii.  the holder of a licence to sell liquor, for the purposes of section 56.2 of Ontario Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act.

2.  If the licence is held, directly or indirectly, by the operator of a store to which an authorization under clause 3 (1) (e.1) of the Liquor Control Act applies, the licence holder shall ensure that,

i.  liquor is not purchased or obtained from that store, and

ii.  beer is not purchased or obtained in packages with more than six containers from a government store, unless the government store is listed in Schedule 2.

3.  Subject to subsection (2), the licence holder shall not, directly or indirectly, request, demand or receive any financial or non-monetary benefit in Ontario or in any other jurisdiction from a manufacturer of liquor, an operator of a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, or a representative or employee of such a manufacturer or operator.

4.  The licence holder shall ensure that liquor is not purchased, nor possession of it taken, before an order for it is placed by a customer.

5.  The licence holder shall ensure that an order placed with the licence holder or an employee or contractor of the licence holder includes the following information, and that the information is recorded together with the licence holder’s name and address:

i.  The name and address of the customer.

ii.  The date on which the liquor is purchased, and the date on which it is to be delivered.

iii.  The kinds and quantities of liquor to be delivered.

iv.  The address where the liquor is to be delivered.

6.  In the case of a delivery of liquor for the purposes of section 56.2 of Ontario Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor), the licence holder shall ensure that food is included together with the purchase and delivery of the liquor.

7.  The licence holder shall ensure that liquor is stored securely at all times before delivery at a premises other than a dwelling, and that during storage the liquor is accessible only to the licence holder and the employees and contractors of the licence holder.

8.  The licence holder shall ensure that the liquor is not opened or tampered with during the delivery.

9.  The licence holder shall ensure that the delivery of liquor is only to a residence or a private place, as defined in subsection 3 (1).

10.  The licence holder shall ensure that the liquor is delivered to a person at the address provided with the order who is at least 19 years of age. O. Reg. 726/20, s. 2 (1).

(2) Paragraph 3 of subsection (1) does not apply to a benefit received by the licence holder from an operator of a store to which an authorization under clause 3 (1) (e) of the Liquor Control Act applies if,

(a)  the benefit is provided by the operator under an agreement to which subsection 14 (1.2) applies, and is intended to facilitate or promote the purchase of liquor from the store, or the delivery of liquor from the store by the licence holder, under the agreement; and

(b)  the licence holder does not also hold, directly or indirectly, an authorization to sell beer in a government store under clause 3 (1) (e.1) of the Liquor Control Act. O. Reg. 726/20, s. 2 (1).

16. (1) The licence holder shall ensure that liquor is delivered to a customer only between 9 a.m. and 11 p.m. on any day. O. Reg. 726/20, s. 3 (1).

(2) The licence holder and employees and contractors of the licence holder shall carry at all times during the purchase and delivery of liquor a copy of the licence to deliver liquor. O. Reg. 233/01, s. 2; O. Reg. 376/20, s. 4 (2).

(3) For one year from the date of delivery of liquor, the licence holder shall retain at its place of business, as set out in the licence,

(a)  every record of an order required by paragraph 5 of subsection 15 (1); and

(b)  in the case of liquor purchased by the customer from a government store or a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, a copy of every order provided to the licence holder by the stores. O. Reg. 726/20, s. 3 (2).

17. (1) The licence holder shall ensure that the person making a delivery of liquor inspects an item of identification before delivering liquor to a person who appears to be under 19 years of age. O. Reg. 376/20, s. 5.

(2) The item of identification referred to in subsection (1) shall include a photograph of the person, state his or her date of birth and must reasonably appear to have been issued by a government. O. Reg. 233/01, s. 2.

(3) Without limiting the generality of subsection (2), the item of identification referred to in subsection (1) may include any of the types of identification listed in subsection (4). O. Reg. 233/01, s. 2.

(4) The following types of identification are prescribed for the purposes of subsection 30 (6) of the Act in relation to the delivery of liquor:

1.  A driver’s licence issued by the province of Ontario with a photograph of the person to whom the licence was issued.

2.  A Canadian passport.

3.  A Canadian citizenship card with a photograph of the person to whom the card was issued.

4.  A Canadian armed forces identification card with a photograph of the person to whom the card was issued.

5.  A secure certificate of Indian status issued by the Government of Canada.

6.  A photo-identification card issued by the Liquor Control Board of Ontario.

7.  A permanent resident card issued by the Government of Canada.

8.  A photo card issued under the Photo Card Act, 2008. O. Reg. 233/01, s. 2; O. Reg. 353/07, s. 4; O. Reg. 180/11, s. 1.

18. (1) A holder of a licence to deliver liquor shall not carry on business as a liquor delivery service under a name other than the name set out on the licence or a name authorized by the Registrar under subsection (2).  O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1.

(2) The Registrar may authorize the licence holder to carry on business under a name other than the name set out on the licence if the Registrar determines that the public will not be misled as to the obligations of the licence holder under the Act or the regulations.  O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1.

19. A holder of a licence to deliver liquor shall ensure that free liquor is not offered or given to a customer as a prize in a contest. O. Reg. 233/01, s. 2; O. Reg. 376/20, s. 6.

20. Revoked: O. Reg. 296/15, s. 8.

21. (1) In this section,

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of liquor or of the consumption of liquor. O. Reg. 30/16, s. 5.

(2) Except for public service advertising, the holder of a licence to deliver liquor may advertise or promote liquor or the availability of liquor only if the advertising,

(a)  is consistent with the principle of depicting responsibility in the use or service of liquor;

(b)  promotes a general brand or type of liquor and not the consumption of liquor in general;

(c)  does not imply that consumption of liquor is required in obtaining or enhancing,

(i)  social, professional or personal success,

(ii)  athletic prowess,

(iii)  sexual prowess, opportunity or appeal,

(iv)  enjoyment of any activity,

(v)  fulfilment of any goal, or

(vi)  resolution of social, physical or personal problems;

(d)  does not appeal, either directly or indirectly, to persons under the legal drinking age or is not placed in media that are targeted specifically at people under that age;

(e)  does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of physical danger;

(f)  does not depict motorized vehicles in motion in advertising showing the consumption of liquor, unless the motorized vehicle is a form of public transportation;

(g)  does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and

(h)  is in compliance with the guidelines related to advertising issued by the Registrar and published on the website of the Alcohol and Gaming Commission of Ontario, as they are amended from time to time. O. Reg. 30/16, s. 5.

22. A holder of a licence to deliver liquor shall ensure that liquor is not delivered to a patient in an institution listed in Schedule 1 or to a patient in an institution for the treatment of alcoholics. O. Reg. 233/01, s. 2; O. Reg. 296/15, s. 10; O. Reg. 376/20, s. 7.

23. (1) This section applies if a person is applying for the transfer of a licence to deliver liquor. O. Reg. 376/20, s. 8 (1).

(2) The licence holder may contract out the delivery of liquor to the person who is applying for the transfer of the licence if,

(a)  the applicant has filed with the Registrar an application for transfer and paid the required fee; and

(b)  the licence holder has signed an authorization for the applicant to operate the business and has filed the authorization with the Registrar. O. Reg. 233/01, s. 2; O. Reg. 30/16, s. 1; O. Reg. 376/20, s. 8 (2).

(3) A licence holder may not contract out the delivery of liquor under subsection (2) for a period of more than 90 days after the day the person applies for the transfer of the licence. O. Reg. 233/01, s. 2; O. Reg. 376/20, s. 8 (3).

(4) The authorization filed under clause (2) (b) shall state that the licence holder remains responsible for compliance with the obligations under the licence during the period that the delivery of liquor has been contracted out. O. Reg. 233/01, s. 2; O. Reg. 376/20, s. 8 (4).

23.1 On and after January 1, 2008, all current and new holders of a licence to deliver liquor shall ensure that all managers and other persons, whether employed by or under contract to the licence holder, who are involved with taking liquor orders from customers or in the service or supply of liquor to customers, hold a certificate demonstrating the successful completion of a server training course approved by the Board.  O. Reg. 353/07, s. 5; O. Reg. 461/11, s. 5; O. Reg. 30/16, s. 6; O. Reg. 246/16, s. 4.

Transfer of Licence

24. (1) The following are prescribed changes for the purposes of section 16 of the Act:

1.  An individual becomes or ceases to be an officer or director of a licence holder that is a corporation or a corporation that effectively controls the business.

2.  A person becomes or ceases to be a partner of a licence holder that is a partnership. 

3.  A person or partnership acquires a beneficial interest in the business of the licence holder, including holding or controlling shares of a licence holder that is a corporation or in a corporation that effectively controls the business.

4.  A person or partnership other than the licence holder becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the sale of liquor at the premises to which the licence applies.  O. Reg. 353/07, s. 6.

(2) For the purposes of paragraph 3 of subsection (1), if a person or partnership acquires shares in a licence holder that is a corporation or in a corporation that effectively controls the business of the licence holder, an acquisition that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation is a prescribed change.  O. Reg. 353/07, s. 6.

(3) Despite subsection (1), the following prescribed changes shall be considered rollovers by the Registrar for the purposes of transferring a licence if the principal individuals involved in the business of the licence holder remain the same after the change occurs:

1.  A licence holder that is a sole proprietorship becomes a corporation.

2.  A licence holder that is a partnership becomes a sole proprietorship or a corporation.

3.  A licence holder that is a corporation becomes a sole proprietorship or a partnership.  O. Reg. 353/07, s. 6.

(4) Despite paragraph 1 of subsection (1), if an individual ceases to be an officer or director of a licence holder that is a corporation, the corporation may deliver liquor for a fee without transferring its licence, if the corporation gives the Registrar notice of the change within 30 days after it occurs.  O. Reg. 353/07, s. 6; O. Reg. 30/16, s. 1.

(5) Despite paragraph 2 of subsection (1), if a partner ceases to be a partner in a partnership that is a licence holder, the partnership may deliver liquor for a fee  without transferring its licence, if the partnership gives the Registrar notice of the change within 30 days after it occurs.  O. Reg. 353/07, s. 6; O. Reg. 30/16, s. 1.

25. Revoked:  O. Reg. 353/07, s. 6.

26. Section 10 of the Act does not apply to a person who delivers liquor on behalf of a manufacturer.  O. Reg. 233/01, s. 2.

Warning Regarding Consumption of Alcohol During Pregnancy

26.1 (1) The warning sign referred to in subsection 30.1 (1) of the Act shall be in the form posted on the website of the Alcohol and Gaming Commission of Ontario and bearing the words “WARNING: Drinking alcohol during pregnancy can cause birth defects and brain damage to your baby”.  O. Reg. 434/04, s. 1; O. Reg. 296/15, s. 11 (1).

(2) In addition to the warning sign referred to in subsection (1), the warning sign may be in French and if a warning sign in French is used, it shall be in the form posted on the website of the Alcohol and Gaming Commission of Ontario and bearing the words “AVERTISSEMENT: La consommation d’alcool pendant la grossesse peut occasionner des anomalies congénitales et des lésions cérébrales à votre bébé”.  O. Reg. 434/04, s. 1; O. Reg. 296/15, s. 11 (2).

(3) The warning sign shall be at least 8 inches by 10 inches in size.  O. Reg. 434/04, s. 1.

(4) The following premises are required to display the warning sign:

1.  Premises to which a licence to sell liquor applies.

2.  Premises to which a licence to operate a ferment on premise facility applies.

3.  A government store.

4.  A store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies.  O. Reg. 434/04, s. 1; O. Reg. 246/16, s. 2 (1, 2).

(5) The warning sign shall be prominently displayed and visible to patrons, as follows:

1.  On premises with a licence to sell liquor, in a location where liquor is sold and served.

2.  On premises with a licence to operate a ferment on premise facility, in a location where persons make beer or wine.

3.  In a government store or a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, in a location where liquor is purchased. O. Reg. 434/04, s. 1; O. Reg. 246/16, s. 2 (3, 4).

(6) The reference to the warning sign incorporated by reference under subsections (1) and (2) includes amendments made to the sign from time to time after February 1, 2005.  O. Reg. 434/04, s. 1.

27. Revoked:  O. Reg. 353/07, s. 7.

TABLE 1

Item	Order Number	Date of Order	Effective Date
1.	P.F.C. 4604	March 13, 1951	January 1, 1952
2.	P.F.C. 7057	January 7, 1952	January 1, 1952
3.	P.F.M. 728	November 14, 1952	January 1, 1953
4.	P.F.M. 2631	December 21, 1954	January 1, 1955
5.	P.F.M. 3856	November 14, 1955	January 1, 1956
6.	P.F.M. 3856-55	January 12, 1956	January 1, 1956
7.	P.F.M. 6580	March 5, 1958	March 1, 1958
8.	P.F.M. 7263	October 14, 1958	January 1, 1959
9.	P.F.M. 9175	March 29, 1960	January 1, 1961
10.	P.F.M. 9631	March 29, 1960	January 1, 1961

R.R.O. 1990, Reg. 718, Table 1.

schedule 1
hospitals designated for the purpose of subsection 36 (1) of the Act

Column 1 Place	Column 2 Hospital
Barrie	As part of the Royal Victoria Hospital — The Community Care Centre for Substance Abuse
Cornwall	As part of the Cornwall General Hospital — Cornwall & Area Social Detox Program
Hamilton	As part of the Hamilton Civic Hospital — Hamilton Men’s Detox Centre
Hamilton	As part of the St. Joseph’s Hospital — Hamilton Women’s Detox Centre
Kenora	As part of the Lake of the Woods District Hospital — Alpha Delta Chi House
Kingston	As part of the Hôtel Dieu Hospital — Hôtel Dieu Detox
Kitchener	As part of the Kitchener-Waterloo Hospital — Waterloo Regional Detoxification Unit
London	As part of the St. Joseph’s Health Centre — St. Joseph’s Detoxification Centre
North Bay	As part of the St. Joseph’s General Hospital of North Bay Inc. — Nipissing Centre
Ottawa	As part of the Elizabeth Bruyère Hospital — Ottawa Detoxification Centre
Owen Sound	As part of the Grey Bruce Regional Health Centre — Grey Bruce Non-Medical Detoxification Centre
Sault Ste. Marie	As part of the Plummer Memorial Public Hospital — Sault Ste. Marie Detoxification Centre
Simcoe	As part of the Norfolk General Hospital — Haldimand-Norfolk Detoxification and Rehabilitation Service
Smooth Rock Falls	As part of the Smooth Rock Falls Hospital — Smooth Rock Falls Detoxification Centre
St. Catharines	As part of the Hôtel Dieu Hospital — Niagara Regional Detoxification Centre and The Regional Niagara Women’s Detoxification Centre
Sudbury	As part of the Sudbury Algoma Hospital — Detoxification Centre (Men) and Pinegate Women’s Detoxification Service
Thunder Bay	As part of the St. Joseph’s General Hospital — Balmoral Centre
Toronto	As part of the Alcoholism and Drug Addiction Research Foundation (The Clinical Institute) — the Addiction Research Foundation Detoxification Unit
Toronto	As part of The Doctors Hospital — Women’s Own Detox Centre
Toronto	St. Joseph’s Health Centre Detoxification Unit
Toronto	St. Michael’s Hospital Detoxification Centre
Toronto	The Toronto East General and Orthopaedic Hospital Inc. Detoxification Centre
Toronto	Toronto Hospital Western Division Detoxification Unit
Windsor	As part of the Windsor Western Hospital Centre, Inc. — the Men’s Detox Centre and the Women’s Detox Centre

O. Reg. 790/93, s. 2; O. Reg. 296/15, s. 12.

schedule 2
Combination Government Stores

Column 1 Item	Column 2 Location	Column 3 Street Address	Column 4 Liquor Control Board of Ontario Store Number
1.	Alban	524 Highway 64	604
2.	Alfred	602 St. Philippe Street	466
3.	Apsley	3 Burleigh Street	318
4.	Arthur	151 Catherine Street West	293
5.	Athens	19 Main Street East	316
6.	Bayfield	71 Main Street South	550
7.	Baysville	2461 Muskoka Road 117 East	516
8.	Beachburg	35 Lapasse Road	597
9.	Beardmore	222 Main Street	180
10.	Belmont	210 Caesar Road	548
11.	Bewdley	5087 Rice Lake Drive North	594
12.	Bonfield	234 Yonge Street	574
13.	Bourget	3926 Champlain Street	121
14.	Brechin	King Street South	581
15.	Bruce Mines	9226 Taylor Street	421
16.	Brussels	575 Turnberry Street	541
17.	Buckhorn	1976 Lakehurst Road	561
18.	Burford	29 Park Avenue	429
19.	Burk’s Falls	10 Commercial Drive	232
20.	Calabogie	703 Mill Street	433
21.	Caledon	16000 Airport Road	599
22.	Callander	5 Main Street North	492
23.	Cannington	25 Cameron Street East	562
24.	Capreol	12 Hanna Street	118
25.	Cardinal	623 Highway 2, Cardinal Village Square	304
26.	Carp	461 Donald B Munro Drive	455
27.	Casselman	644 Principale Street	441
28.	Cayuga	1 Talbot Street West	160
29.	Chesley	115 First Avenue North	284
30.	Chesterville	150 Queen Street	303
31.	Cobalt	28 Silver Street	76
32.	Cobden	22 Truelove Street	442
33.	Coe Hill	8 Centre Street	535
34.	Colborne	9 Toronto Road, Highway 2	380
35.	Courtright	42 Thompson Street	337
36.	Creemore	12 Elizabeth Street East	267
37.	Delta	39 King Street	460
38.	Denbigh	22353 Highway 41	476
39.	Deseronto	78 St. George Street	96
40.	Dorset	1059 Main Street	399
41.	Dresden	188 Lindsley Street West	161
42.	Dunchurch	7 Church Street	595
43.	Dundalk	77220 Highway 10	450
44.	Dutton	234 Mary Street	213
45.	Dwight	25846 Highway 35	557
46.	Ear Falls	16 Spruce Street	292
47.	Earlton	4 - 10th Avenue South	506
48.	Echo Bay	3213 Highway 17 B East	519
49.	Elgin	131 Perth Street	352
50.	Elk Lake	55 First Street	280
51.	Emo	Highway 11	285
52.	Englehart	65 Fourth Avenue	92
53.	Foleyet	30 Young Street	338
54.	Frankford	14 King Drive North	364
55.	Glencoe	228 Currie Street	294
56.	Gooderham	1007 Gooderham Street	607
57.	Gore Bay	1 Dawson Street	157
58.	Goulais River	3040 Highway 17 North	473
59.	Grand Valley	22 Main Street South	583
60.	Hagar	7260 Highway 535	524
61.	Haileybury	316 Broadway Street	67
62.	Harriston	2 Queen Street South	369
63.	Hensall	24 London Road	622
64.	Honey Harbour	2669 Muskoka Road 5	448
65.	Hornepayne	36 Fifth Avenue	204
66.	Hudson	35 Second Street	480
67.	Ignace	300 Main Street, Ignace Shopping Center	291
68.	Iron Bridge	1 James Street	487
69.	Iroquois	17 Plaza Drive	262
70.	Kakabeka Falls	4793 Highway 11/17	335
71.	Kearney	86 Main Street	336
72.	Keewatin	202 10th Street	230
73.	Kenora	Highway 17 & Rocky Ridge Road	376
74.	Killaloe	161 Queen Street	314
75.	Killarney	17 Channel Street	409
76.	Kinmount	4094 Highway 121	307
77.	Kirkfield	1002 Portage Road	471
78.	Lafontaine	336 B Rue Lafontaine Road West	626
79.	Lanark	99 Clarence Street	479
80.	Lancaster	16 Molan Street	123
81.	Langton	67 Queen Street	510
82.	Lansdowne	992 Prince Street	423
83.	Larder Lake	38 Government Road	134
84.	Lion’s Head	1 Ferndale Road	606
85.	Long Sault	33 Long Sault Drive, Long Sault Shopping Center	435
86.	Longlac	116 Forestry Road	245
87.	Lucan	196 Main Street	264
88.	Lucknow	566 Willoughby Street	440
89.	Mactier	426 High Street	251
90.	Magnetawan	12 Biddy Street	514
91.	Manitouwadge	66 Huron Walk	220
92.	Manitowaning	13 Spragge & Queen Street	258
93.	Massey	250 Imperial Street South	256
94.	Matheson	423 Highway 11	162
95.	Mattice	275 King Street East	463
96.	Maxville	3 Main Street	309
97.	Maynooth	33004 Highway 62 North	478
98.	Merrickville	205 Elgin Street	119
99.	Mildmay	1024 Highway 9	621
100.	Millbrook	4 Centre Street	254
101.	Milverton	69 Main Street South	296
102.	Moonbeam	33A Highway 11	577
103.	Moosonee	35 First Street	424
104.	Nakina	112 Quebec Street	332
105.	Newcastle	34 Beaver Street	489
106.	Niagara-on-the-Lake	20 Queen Street	124
107.	Norwood	4246 Highway 7	504
108.	Omemee	4 King Street	281
109.	Orono	91 Mill Street	543
110.	Paisley	277 Queen Street North	615
111.	Palmerston	440 Main Street West	107
112.	Parkhill	264 Main Street	374
113.	Pefferlaw	17 Hastings Road	596
114.	Pelee Island	1109 Westshore Road	120
115.	Pickle Lake	18 Koval Street	379
116.	Plantagenet	240 Old Highway 17	375
117.	Plevna	7423 Highway 506	503
118.	Pointe au Baril	Highway 69	323
119.	Pontypool	646 Drum Road	611
120.	Port Burwell	30 Robinson Street	413
121.	Port Carling	115 Medora Street	403
122.	Port Loring	14 Wilson Lake Crescent	290
123.	Port McNicoll	779 Ney Avenue	608
124.	Port Severn	3238 Port Severn Road	482
125.	Port Stanley	325 Bridge Street	330
126.	Portland	34 Colbourne Street	439
127.	Rainy River	318 Atwood Avenue	114
128.	Red Rock	125 Salls Street	493
129.	Reeces Corners	4475 London Line	591
130.	Richard’s Landing	1198 Richard Street	451
131.	Richmond	6179 Perth Street	496
132.	Rosseau	1145 Highway 141	347
133.	Schreiber	207 Manitoba Street	464
134.	Seaforth	50 Main Street North	273
135.	Seeley’s Bay	106 Drynan Way, Unit 10	520
136.	Sioux Narrows	Highway 71	257
137.	Smooth Rock Falls	138 Highway 11 East	189
138.	Spanish	4 Goderich Road	565
139.	St. Charles	8 King Street East	488
140.	St. Isidore	2538 St. Isidore Street	308
141.	Stirling	125 North Street	414
142.	Sundridge	65 Ontario Street, Highway 124	613
143.	Tamworth	714 Addington Street East	105
144.	Tavistock	82 Hope Street West	530
145.	Teeswater	1 Industrial Road, Unit B	610
146.	Temagami	3 Wildflower Avenue	241
147.	Terrace Bay	7 Simcoe Plaza	173
148.	Thamesville	99 Industrial Road	567
149.	Thessalon	163 Main Street	104
150.	Thornbury	43 Arthur Street	537
151.	Tobermory	23 Brock Street	283
152.	Vankleek Hill	23 Mill Street	349
153.	Vermilion Bay	Highway 17 & 142 Tower Road	315
154.	Verner	10442 Highway 17	588
155.	Victoria Harbour	144 Albert Street	560
156.	Warkworth	44 Church Street	472
157.	Warsaw	906 Water Street	570
158.	Washago	8409 County Road 169	469
159.	Waterford	37 St. James Street	299
160.	Watford	538 Huron Street	328
161.	Wellington	462 Main Street	449
162.	Wheatley	676 Highway 3 East	372
163.	White River	204 Elgin Street	272
164.	Whitney	16 Hay Creek Road	319
165.	Wilberforce	2763 Essonville Road	447
166.	Winchester	578 Main Street West	578
167.	Zurich	11 Main Street	274

O. Reg. 296/15, s. 13.