Appendix A - Order in Council 1402/2021
Order in Council 1402/2021
Appendix A
Liquor Licence and Control Act, 2019
Administration and Ministerial Powers, Duties, Functions and Responsibilities
LLCA provisions, administration and the Ministerial powers, duties, functions and responsibilities as they apply to each of the Attorney General, the Minister of Finance and the Attorney General and the Minister of Finance (shared).
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 –
|
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 –
|
3(2) Endorsements |
Yes –
|
Yes –
|
Yes –
|
3(3) Granting of Endorsements |
Yes –
|
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 –
|
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 –
|
No. | Yes
|
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 , 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 –
|
Yes –
|
Yes –
|
78(1)(12) | Yes –
|
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 –
|
78(1)(12.1) | Yes –
|
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 –
|
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 –
|
Yes –
|
Yes –
|
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
|
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: June 29, 2022
Published: November 19, 2021