Appendix B - Order in Council 1186/2022
Order in Council 1186/2022
Appendix B
Liquor Licence and Control Act, 2019
Ministerial Powers, Duties, Functions and Responsibilities
A. LLCA provision | B. Attorney General | C. Minister of Finance | D. Attorney General and Minister of Finance (Shared) |
---|---|---|---|
1 Interpretation |
No | No | Yes |
2(1) Licence or permit required |
Yes - except in respect of the sale of liquor from retail stores and at wholesale | No | Yes - in respect of the sale of liquor from retail stores and at wholesale |
2(2) Exception |
No | Yes | No |
2(3) Representing manufacturers |
Yes | No | No |
3(1) Application for a licence |
Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7, except insofar as they relate to the operation of retail stores or wholesale activities | Yes - in respect of the licences set out in paragraphs 2 and 3, except insofar as they relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 insofar as they relate to the operation of retail stores and wholesale activities; and in respect of the licences set out in paragraphs 2 and 3 insofar as they relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process |
3(2) Endorsements |
Yes - in respect of prescribed endorsements, on the licences set out in paragraphs 1, 4, 5, 6 and 7, except insofar as those endorsements relate to the operation of retail stores or wholesale activities | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3, except insofar as those endorsements relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 1, 4, 5, 6 and 7 insofar as those endorsements relate to the operation of retail stores or wholesale activities; and in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3 insofar as those endorsements relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process |
3(3) Granting of Endorsements |
Yes - in respect of prescribed endorsements on the licences set out in paragraphs 1, 4, 5, 6 and 7, except insofar as those endorsements relate to the operation of retail stores or wholesale activities | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3, except insofar as those endorsements relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 1, 4, 5, 6 and 7 insofar as those endorsements relate to the operation of retail store or wholesale activities; and in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3 insofar as those endorsements relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process |
3(3.1) Same |
Yes | No | No |
3(3.2) Same |
Yes | No | No |
3(4) Ineligibility |
Yes | No | No |
3(5) Same |
Yes | No | No |
3(6) Prohibition, public interest |
Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1) | No | Yes - in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1) |
3(7) Applying for licence after refusal or revocation |
Yes | No | No |
4 Inquiries into applicant, etc. |
Yes | No | No |
5 Registrar response, general |
Yes | No | No |
6 Registrar’s response, manufacturer’s licence |
Yes | No | No |
7 Registrar’s response, licence to operate liquor consumption premises or prescribed category or class of licence |
Yes | No | No |
8 Issuance of licence |
Yes | No | No |
9 Risk based licensing |
Yes | No | No |
10 Conditions of licence |
Yes | No | No |
11 Removal of conditions |
Yes | No | No |
12 Continuance pending renewal |
Yes | No | No |
13 Revocation, suspension or refusal to renew licence |
Yes | No | No |
14 Changes requiring transfer of licence |
Yes | No | No |
15 Transfers or consolidations of licence |
Yes | No | No |
16 Special occasion permit |
Yes | No | No |
17 Refusal of permit |
Yes | No | No |
18 Disqualification before hearing |
Yes | No | No |
19 Risk based permitting |
Yes | No | No |
20 Conditions of permit |
Yes | No | No |
21 Removal of conditions |
Yes | No | No |
22 Revocation of permit by Registrar |
Yes | No | No |
23 Revocation of permit by inspector or investigator |
Yes | No | No |
24 Standards and requirements |
Yes | No | No |
25 Notice of proposal |
Yes | No | No |
26 Hearing |
Yes | No | No |
27 Reviewing decision |
Yes | No | No |
28 Application of federal legislation |
No | Yes | No |
29 Advertising |
Yes | No | No |
30 Unlawful inducements or promotions |
Yes | No | No |
31 Intoxication |
Yes | No | No |
32 Sale to intoxicated person |
Yes | No | No |
33 Sell, supply liquor, person under 19 |
Yes | No | No |
34 Prohibitions on possession, etc., by persons under 19 |
Yes | No | No |
35 Prohibition, fake ID, etc. |
Yes | No | No |
36 Warning sign – fetal alcohol spectrum disorder |
Yes | No | No |
37 Unlawful consumption or supply of other alcohol |
Yes | No | No |
38 Unlawful purchase |
Yes | No | No |
39 Unlawful possession |
Yes - except in respect of paragraph (d) of subsection (1) | Yes - in respect of paragraph (d) of subsection (1) | No |
40 By-law designating recreational area |
Yes | No | No |
41 Place of possession or consumption |
Yes | No | No |
42 Conveying liquor in motor vehicle |
Yes | No | No |
43 Conveying liquor in boat |
Yes | No | No |
44 Removing persons from premises re unlawfulness |
Yes | No | No |
45 Removing persons from premises, other |
Yes | No | No |
46 Police removing persons from premises re social responsibility, enforcement |
Yes | No | No |
47 Police removing persons from premises re contraventions |
Yes | No | No |
48 Taking to hospital in lieu of intoxication charge |
Yes | No | No |
49 Detention in institution |
Yes | No | No |
50 Exception for drugs and medicines |
Yes | No | No |
51 Exception for research and education |
Yes | No | No |
52 Civil liability |
Yes | No | No |
53 Appointment of youth by Commission |
Yes | No | No |
54 Inspectors |
Yes | No | No |
55 Inspections |
Yes | No | No |
56 Investigators |
Yes | No | No |
57 Search warrant |
Yes | No | No |
58 Searches in exigent circumstances |
Yes | No | No |
59 Warrantless search of conveyances |
Yes | No | No |
60 Seizure of things in plain view |
Yes | No | No |
61 Other seizure without warrant |
Yes | No | No |
62 Arrest without warrant |
Yes | No | No |
63 Return of documents |
Yes | No | No |
64 Restoration, forfeiture, relief |
Yes | No | No |
65 Forfeiture of illegal liquor |
Yes | No | No |
66 Obstruction |
Yes | No | No |
67 Offences |
Yes | No | No |
68 Penalties, general |
Yes | No | No |
69 Penalties, sale, etc., to a minor |
Yes | No | No |
70 Further penalty and forfeiture without exception, s. 39 illegal liquor |
Yes | No | No |
71 Youth education, prevention programs |
Yes | No | No |
72 Youth education, prevention program referrals |
Yes | No | No |
73 Youth education, prevention program as alternative to penalty |
Yes | No | No |
74 Copies admissible in evidence |
Yes | No | No |
75 Analyst’s certificate or report |
No | Yes | No |
76 Apparent age, person under 19 |
Yes | No | No |
77 Confidentiality |
No | No | Yes |
78(1)1 | Yes - in respect of provisions / subject matters for which the Attorney General is responsible | Yes - in respect of provisions / subject matters for which the Minister of Finance is responsible | Yes - in respect of provisions / subject matters for which the Attorney General and the Minister of Finance are responsible |
78(1)2 | Yes - in respect of provisions / subject matters for which the Attorney General is responsible | Yes - in respect of provisions / subject matters for which the Minister of Finance is responsible | Yes - in respect of provisions / subject matters for which the Attorney General and the Minister of Finance are responsible |
78(1)3 | Yes - in respect of subject matters for which the Attorney General is responsible | Yes - in respect of subject matters for which the Minister of Finance is responsible | Yes - in respect of subject matters for which the Attorney General and the Minister of Finance are responsible |
78(1)4 | No | Yes | No |
78(1)5 | No | No | Yes |
78(1)6 | No | Yes | No |
78(1)7 | Yes | No | No |
78(1)8 | Yes | No | No |
78(1)9 | Yes | No | No |
78(1)10 | Yes | No | No |
78(1)11 | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1), except insofar as the regulations relate to the operation of retail stores or wholesale activities; and in respect of permits | Yes - in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1), except insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1) insofar as the regulations relate to the operation of retail stores and wholesale activities; and in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1) insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration the licensing system or the compliance process |
78(1)12 | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1), except insofar as the regulations relate to the operation of retail stores or wholesale activities; and In respect of permits | Yes - in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1), except insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1) insofar as the regulations relate to the operation of retail stores and wholesale activities; and in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1) insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration the licensing system or the compliance process |
78(1)12.1 | Yes - in respect of prescribed endorsements, on the licences set out in paragraphs 1, 4, 5, 6 and 7, except insofar as the regulations relate to the operation of retail stores or wholesale activities | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3, except insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of prescribed endorsements on the licences set out in paragraphs 1, 4, 5, 6 and 7 insofar as the regulations relate to the operation of retail store or wholesale activities; and in respect of prescribed endorsements on the licences set out in paragraphs 2 and 3 insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process |
78(1)13 | Yes - in respect of regulations requiring the provision of information to the Registrar | Yes - in respect of regulations requiring the provision of information to the LCBO | No |
78(1)14 | No | Yes | No |
78(1)15 | Yes - in respect of the licensed premises of licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1), including ferment on premises facilities, except insofar as the regulations relate to the operation of retail stores or wholesale activities; and in respect of premises used by permit holders | Yes - in respect of the licensed premises of licences set out in paragraphs 2 and 3 of subsection 3(1), except insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process | Yes - in respect of the licensed premises of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1) insofar as the regulations to the operation of retail stores and wholesale activities; and in respect of the licensed premises of licences set out in paragraphs 2 and 3 of subsection 3(1) insofar as the regulations relate to social responsibility, other than liquor pricing, or the administration of the licensing system or the compliance process |
78(1)16 | Yes | No | No |
78(1)17 | Yes | No | No |
78(1)17.1 | No | No | Yes |
78(1)18 | No | No | Yes |
78(1)19 | Yes - in respect of provisions / subject matters for which the Attorney General is responsible | Yes - in respect of provisions / subject matters for which the Minister of Finance is responsible | Yes - in respect of provisions / subject matters for which the Attorney General and the Minister of Finance are responsible |
78(2) | Yes - in respect of the licences set out in paragraphs 1, 4, 5, 6 and 7 of subsection 3(1) | No | Yes - in respect of the licences set out in paragraphs 2 and 3 of subsection 3(1) |
78(3) | No | No | Yes |
78(4) | Yes - in respect of regulations authorizing the Registrar | Yes - in respect of regulations authorizing the LCBO | No |
79 City of Toronto by-laws |
Yes | No | No |
80 Licence, permit, authorization |
No | No | Yes |
81 Designation |
Yes | No | No |
82 Prohibited areas |
Yes | No | No |
83 City of Toronto by-laws |
Yes | No | No |
84 Minister’s regulations re transitional matters |
Yes | No | No |
Updated: September 13, 2022
Published: September 13, 2022