R.R.O. 1990, Reg. 718: GENERAL
under Liquor Licence Act, R.S.O. 1990, c. L.19
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R.R.O. 1990, REGULATION 718
general
Historical version for the period November 8, 2021 to November 28, 2021.
Note: This Regulation is revoked on November 29, 2021, the day section 85 of Schedule 22 to the Plan to Build Ontario Together Act, 2019 comes into force. (See: O. Reg. 749/21, s. 1)
Last amendment: 749/21.
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, 325/20 and 497/21), 355/19, 376/20 (as am. by 726/20 and 283/21), 726/20 (as am. by 283/21), 283/21, 497/21, 749/21.
This is the English version of a bilingual regulation.
CONTENTS
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Sections |
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1 |
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2-2.1 |
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3 |
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3.1 |
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4-5 |
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6 |
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7-8 |
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9-13 |
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14-23.1 |
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24-26 |
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26.1-27 |
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Hospitals designated for the purpose of subsection 36 (1) of the act |
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Combination government stores |
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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 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); O. Reg. 497/21, s. 1.
(3) Revoked: O. Reg. 30/16, s. 2 (5).
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 January 1, 2023, 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; O. Reg. 497/21, s. 2)
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.
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.
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.
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.
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.
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 |
Column 2 |
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 |
Column 2 |
Column 3 |
Column 4 |
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.