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Liquor Licence and Control Act, 2019

ONTARIO REGULATION 745/21

GENERAL

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendment: 745/21.

Legislative History: 745/21.

This is the English version of a bilingual regulation.

CONTENTS

Interpretation — Licences, Endorsements

1.

Interpretation

Amounts and Interpretation — Beer, Wine, etc.

2.

Prescribed amount of alcohol to qualify as beer

3.

Prescribed amount of content grown outside of Ontario to qualify as Ontario wine

4.

Prescribed amount of alcohol to qualify as wine

5.

Sake, fortified wine

Non-application of the Act

6.

Specified products

7.

Sale to LCBO

Exemptions

8.

Prizes, authorized lottery schemes

9.

Duty free shop

10.

Manufacturer, specified circumstances

11.

Delivery, carriers, specified circumstances

12.

Tasting, testing — LCBO premises

13.

Exception re prohibited areas — winery retail store endorsement

14.

Exception re prohibited areas — specified municipal premises

Ontario Deposit Return Program

15.

Definitions

16.

Ontario deposit return program administration

17.

Licence conditions re: Ontario deposit return program

18.

Deposits — amounts, collection, remittance

19.

Audits

Miscellaneous

20.

Licenced manufacturers — provision of information, returns

21.

Advertising standards for persons other than licensees and permit holders

22.

Private places

23.

Training courses, programs

24.

Warning sign re: consumption of alcohol during pregnancy

25.

Importation of liquor for lawful possession

26.

Actions in lieu of intoxication charge, s. 48 (1) of the Act

27.

Post-conviction detention, s. 49 (1) of the Act

28.

Possession of liquor for research, educational purposes

29.

Police powers, s. 47 (1) and 62 of the Act

 

Interpretation — Licences, Endorsements

Interpretation

1. A reference in this Regulation to a class of licence or endorsement is a reference to that class of licence or endorsement as provided for in Ontario Regulation 746/21 (Licensing) made under the Act.

Amounts and Interpretation — Beer, Wine, etc.

Prescribed amount of alcohol to qualify as beer

2. For the purpose of the definition of “beer” in subsection 1 (1) of the Act, the prescribed amount is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight.

Prescribed amount of content grown outside of Ontario to qualify as Ontario wine

3. For the purpose of the definition of “Ontario wine” in subsection 1 (1) of the Act, the prescribed amount of agricultural products grown outside of Ontario is the following:

1.  For wine produced from apples or the concentrated juice of apples to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario, up to 30 per cent of the total content of the wine may consist of the concentrated juice of apples grown outside of Ontario.

2.  For all other wine, 0 per cent of the total content of the wine may consist of agricultural products grown outside of Ontario.

3.  Despite paragraphs 1 and 2, up to 2 per cent of the total content of Ontario wine may consist of agricultural products grown outside of Ontario if the agricultural products grown outside of Ontario are not the primary agricultural product, such as fruit, honey or maple syrup, that is fermented in the production of the Ontario wine.

Prescribed amount of alcohol to qualify as wine

4. For the purpose of the definition of “wine” in subsection 1 (1) of the Act, the prescribed amount is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight.

Sake, fortified wine

5. The following shall be considered to be wine for the purposes of the definition of “wine” in subsection 1 (1) of the Act:

1.  Sake.

2.  Fortified wine within the meaning of Ontario Regulation 746/21 (Licensing) made under the Act.

Non-application of the Act

Specified products

6. (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.

(2) The Act does not apply with respect to concentrated food and beverage flavouring extracts that are not palatable when consumed alone.

(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.

Sale to LCBO

7. Subsection 2 (1) of the Act does not apply with respect to the sale of liquor to the LCBO by a person who is not a manufacturer.

Exemptions

Prizes, authorized lottery schemes

8. A person who is authorized to conduct and manage a lottery scheme in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) is exempt from subsection 2 (1) of the Act for the purpose of awarding alcohol as a prize for the lottery if 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.

Duty free shop

9. A person is exempt from subsection 2 (1) of the Act for the purpose of selling liquor at a duty free shop, as defined in subsection 2 (1) of the Customs Act (Canada), if the person has obtained written approval from the LCBO under subsection 15 (1) of the Duty Free Shop Regulations (Canada) to sell liquor at the duty free shop.

Manufacturer, specified circumstances

10. (1) A manufacturer is exempt from subsection 2 (1) of the Act for the purpose of selling bulk liquor to the holder of a manufacturer’s licence to sell.

(2) For greater certainty, subsection (1) applies whether or not the manufacturer holds a manufacturer’s licence to sell.

(3) For the purposes of this section, bulk liquor is liquor that is not packaged in,

(a)  a container of a capacity of 100 litres or less that is ordinarily sold to consumers without the liquor being repackaged; or

(b)  a marked special container within the meaning of the Excise Act, 2001 (Canada).

Delivery, carriers, specified circumstances

11. (1) In this section,

“carrier” means a person,

(a)  whose business is the transportation of goods that may include, but are not primarily, liquor,

(b)  who does not keep for sale, offer for sale or sell liquor and is not affiliated with such a person,

(c)  who does not take or solicit orders for the sale of liquor and is not affiliated with such a person, and

(d)  who does not advertise or promote liquor for delivery; (“transporteur”)

“deliver” has the same meaning as in Ontario Regulation 746/21 (Licensing); (“livrer”)

“eligible grocery store” has the same meaning as in Ontario Regulation 746/21 (Licensing); (“épicerie admissible”)

“wine boutique” has the same meaning as in Ontario Regulation 746/21 (Licensing). (“boutique de vins”)

(2) The operator of a retail store, other than a wine boutique or eligible grocery store, is exempt from clause 2 (1) (e) of the Act with respect to the charging of a fee on delivery of liquor sold through the retail store if the operator complies with subsection (3) and sections 9 to 11 of Ontario Regulation 746/21 (Licensing) made under the Act.

(3) If the operator of a retail store uses a carrier to deliver liquor, the operator shall ensure that the following conditions are met, in addition to the requirements in sections 9 to 11 of Ontario Regulation 746/21 (Licensing):

1.  The liquor is delivered only by the carrier.

2.  The liquor originates from the operator’s retail store.

3.  Subject to paragraph 4, the liquor is delivered on the same day that it is picked up from the retail store, or the first regular delivery day that follows.

4.  If the carrier is unable to deliver the liquor within three days following its initial attempt, the liquor is promptly returned to the retail store.

5.  The carrier does not store liquor pending delivery except to temporarily keep liquor in a secure area at its premises until the liquor is delivered or returned to the retail store, during which time only the carrier’s employees have access to the liquor.

(4) Subsection (3) does not apply to the LCBO.

(5) A person who is 18 years of age is exempt from subsection 34 (1) of the Act if they are in possession of liquor while acting on behalf of a carrier delivering liquor under this section.

(6) For greater certainty, subsection (5) applies in addition to the exceptions set out in subsections 33 (3) and 34 (2) and (4) of the Act for employees who are 18 years of age.

(7) If the operator of a retail store uses the delivery services of a holder of a licence to deliver, the licence holder is exempt from subsection 2 (3) of the Act for the purpose of taking or soliciting orders for the sale of liquor for delivery on behalf of the retail store.

Tasting, testing — LCBO premises

12. Subsection 41 (1) of the Act does not apply to a person who possesses or consumes liquor for the purposes of tasting it or testing it in premises operated by the LCBO under the supervision of an employee of the LCBO.

Exception re prohibited areas — winery retail store endorsement

13. Subsection 82 (1) of the Act does not apply to premises used as a store and operated by a manufacturer pursuant to a winery retail store endorsement.

Exception re prohibited areas — specified municipal premises

14. Subsection 82 (1) of the Act does not apply with respect to the following:

1.  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.

2.  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.

3.  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.

Ontario Deposit Return Program

Definitions

15. In this section and sections 16 to 19,

“Brewers Retail Inc. packaging return system” means the packaging return system referred to in clause 69 (3) (a) of the Waste Diversion Transition Act, 2016; (“programme de retour des emballages de la société Brewers Retail Inc.”)

“Ontario deposit return program” means the waste reduction and recycling program established by the government of Ontario requiring licensees to collect and remit deposits on regulated containers; (“Programme de consignation de l’Ontario”)

“regulated container” means a container that is greater than 100 millilitres in size that contains liquor that is sold in Ontario other than a container that can be returned through the Brewers Retail Inc. packaging return system. (“contenant réglementé”)

Ontario deposit return program administration

16. The LCBO shall administer the Ontario deposit return program in accordance with the agreement entitled “Amended Ontario Deposit Return Program Agreement”, dated January 1, 2016 and with effect from October 1, 2015, between Her Majesty the Queen in right of Ontario as represented by the Minister of Finance, Brewers Retail Inc. and the LCBO and available on a website of the Government of Ontario.

Licence conditions re: Ontario deposit return program

17. (1) It is a condition of every manufacturer’s licence to sell and every offsite winery retail store licence that the licensee,

(a)  participate in and comply with the Ontario deposit return program;

(b)  collect a deposit on every regulated container it sells directly through its retail store or through direct delivery to persons licensed to operate a liquor consumption premises;

(c)  remit the amounts collected to the LCBO or, if directed to do so by the LCBO, to the Minister of Finance;

(d)  maintain at its head office all necessary records to substantiate that all deposits have been collected and remitted in accordance with the Ontario deposit return program;

(e)  permit a person authorized by the Minister of Finance to conduct audits of the records referred to in clause (d) and assist in an audit in accordance with section 19; and

(f)  comply with an order of the Minister of Finance under section 19.

(2) It is a condition of every licence to operate a retail store, other than a licence to operate an offsite winery retail store, that the licensee,

(a)  collect a deposit on every regulated container it sells directly through its retail store;

(b)  maintain at its head office all necessary records to substantiate that all deposits have been collected in accordance with the Ontario deposit return program;

(c)  permit a person authorized by the Minister of Finance to conduct audits of the records referred to in clause (b) and assist in an audit in accordance with section 19; and

(d)  comply with an order of the Minister of Finance under section 19.

Deposits — amounts, collection, remittance

18. A licensee that is required to collect deposits under section 17 shall collect a deposit on a regulated container set out in Column 1 of the Table to this section in the amount set out in Column 2 opposite the container and shall remit that amount to the LCBO or, if directed to do so by the LCBO, to the Minister of Finance.

Table

Item

Column 1
Regulated Container

Column 2
Deposit ($)

1.

Glass containers less than or equal to 630 mL

0.10

2.

Glass containers over 630 mL

0.20

3.

Aluminium or steel cans less than or equal to 1 L

0.10

4.

Aluminium or steel cans over 1 L

0.20

5.

Tetra Pak (polycoat) and Bag-in-a-Box less than or equal to 630 mL

0.10

6.

Tetra Pak (polycoat) and Bag-in-a-Box over 630 mL

0.20

7.

Polyethylene Terephthalate (PET) (plastic) containers less than or equal to 630 mL

0.10

8.

Polyethylene Terephthalate (PET) (plastic) containers over 630 mL

0.20

Audits

19. (1) A licensee referred to in subsection 17 (1) or (2) shall make available to a person authorized by the Minister of Finance copies of all records requested for the purpose of conducting an audit under this section.

(2) If a person authorized by the Minister of Finance determines during an audit that the amount of the deposits that have been collected or remitted is less than the amount required under the Ontario deposit return program, the Minister of Finance may by order require that,

(a)  the licensee correct the records; and

(b)  within 15 days after the date of the order, the licensee remit the amount owing to the LCBO or to the Minister of Finance.

(3) If a person authorized by the Minister of Finance determines during an audit that the amount of the deposits that have been collected or remitted is greater than the amount required under the Ontario deposit return program, the Minister of Finance may by order require that the LCBO refund to the licensee any amount owing or provide a credit in the amount owing within 30 days after the date of the order.

(4) Subsection (5) applies if a person authorized by the Minister of Finance verifies during an audit of a licensee that,

(a)  regulated containers have been returned directly to the licensee for a deposit refund;

(b)  the licensee has refunded the deposit to the consumer; and

(c)  the licensee has refilled the returned regulated container in the ordinary course of business.

(5) In the circumstances described in subsection (4), the Minister of Finance may, by order, require that, within 30 days after the date of the order, the LCBO either refund to the licensee the amount the authorized person found owing during the audit or provide a credit to the licensee in that amount.

(6) The amount referred to in subsection (5) shall reflect only the value of the deposits on the regulated containers that were returned to the licensee and that were refilled by the licensee.

Miscellaneous

Licenced manufacturers — provision of information, returns

20. The LCBO may require the holder of a manufacturer’s licence to sell to provide information or returns related to the manufacturer’s production or sale of liquor at the times and in the manner determined by the LCBO.

Advertising standards for persons other than licensees and permit holders

21. A person who is not a licensee or a permit holder may advertise liquor if the person complies with the standards and requirements respecting advertising established by the Registrar for licensees and permit holders under section 24 of the Act.

Private places

22. (1) For the purposes of subsections 33 (6) and 34 (5) and clauses 39 (2) (b) and 41 (1) (c) of the Act,

“private place” means a place, vehicle or boat described in this section.

(2) An indoor place to which the public is not ordinarily invited or permitted is a private place except at the times when the public is invited or permitted access to it.

(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.

(4) A motor vehicle equipped with sleeping accommodation and cooking facilities is a private place while it is parked and being used as a residence.

(5) Despite subsection (4), a motor vehicle is not a private place while it is on a highway or a King’s Highway within the meaning of the Highway Traffic Act.

(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 a private place.

(7) A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire, is a private place while the boat is at anchor or is secured to a dock or land.

(8) If a boat is a private place under subsection (7) and is secured to a dock or land to which the public is not ordinarily invited or permitted, the dock or land is a private place except at the times when the public is invited or permitted access to it.

(9) A boat that is used exclusively to carry passengers for hire and has sleeping accommodation for all passengers is a private place if it is under the command of a person certified under the Canada Shipping Act, 2001.

(10) A boat that is owned or operated by the Canadian Coast Guard is a private place.

Training courses, programs

23. (1) The Board may approve training courses or programs, including training courses or programs respecting the responsible sale, service, delivery, handling and consumption of liquor.

(2) In subsection (1),

“deliver” has the same meaning as in Ontario Regulation 746/21 (Licensing).

Warning sign re: consumption of alcohol during pregnancy

24. (1) The requirements in this section apply for the purposes of section 36 of the Act with respect to the warning sign referred to in that section.

(2) The following premises are prescribed for the purpose of section 36 of the Act:

1.  Premises to which a licence to operate a liquor consumption premises applies.

2.  Premises to which an endorsement authorizing the sale and service of liquor applies.

3.  Premises to which a licence to operate a ferment on premises facility applies.

4.  A retail store.

(3) The warning sign referred to in section 36 of the Act shall be the sign posted on the website of the Alcohol and Gaming Commission of Ontario bearing the words “WARNING: Drinking alcohol during pregnancy can cause birth defects and brain damage to your baby”.

(4) In addition to the warning sign described in subsection (3), a warning sign may also be displayed in French. The warning sign in French shall be the sign posted on the website of the Alcohol and Gaming Commission of Ontario bearing the words “AVERTISSEMENT: La consommation d’alcool pendant la grossesse peut occasionner des anomalies congénitales et des lésions cérébrales à votre bébé”.

(5) The references to warning signs in subsections (3) and (4) include references to amendments made to the signs from time to time.

(6) The warning sign shall be at least 8 inches by 10 inches in size.

(7) The warning sign shall be displayed prominently and in a place that is visible to patrons as follows:

1.  In the case of premises to which a licence to operate a liquor consumption premises applies, the warning sign shall be displayed in a location where liquor is sold and served.

2.  In the case of premises to which an endorsement authorizing the sale and service of liquor applies, the warning sign shall be displayed in a location where liquor is sold and served.

3.  In the case of premises to which a licence to operate a ferment on premises facility applies, the warning sign shall be displayed in a location where persons make beer or wine.

4.  In the case of a retail store, the warning sign shall be displayed in a location where liquor is purchased.

Importation of liquor for lawful possession

25. The following circumstances are prescribed for the purposes of clause 39 (1) (d) of the Act:

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

2.  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 into Ontario from another province or territory of Canada by the LCBO or under its authority.

Note: On January 1, 2023, paragraph 3 of section 25 of this Regulation is revoked. (See: O. Reg. 745/21, s. 30)

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

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

6.  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.

7.  The liquor is imported into Ontario from another province or territory of Canada by a vendor of sacramental wines appointed by the LCBO.

8.  The liquor is transported through Ontario and is not opened or used while it is in Ontario.

Actions in lieu of intoxication charge, s. 48 (1) of the Act

26. (1) The hospitals listed in Column 3 of the Table to this section opposite the places listed in Column 2 of the Table are prescribed for the purpose of subsection 48 (1) of the Act.

(2) For the purpose of subsection 48 (1) of the Act,

“hospital” includes entities providing withdrawal management services.

(3) For greater certainty, nothing in this section affects whether any of the facilities listed in the Table to this section are authorized to operate as a hospital under the Public Hospitals Act or the Private Hospitals Act.

Table
PRESCRIBED LOCATIONS

Column 1
Item

Column 2
Place

Column 3
Hospital

1.

Barrie (70 Wellington Street West)

Royal Victoria Regional Health Centre

2.

Cornwall (850 McConnell Avenue)

Cornwall Community Hospital

3.

Elliot Lake (9 Oakland Boulevard)

St. Joseph’s General Hospital Elliot Lake

4.

Hamilton (431 Whitney Avenue)

St. Joseph’s Healthcare Hamilton

5.

Hamilton (595 Main Street East)

St. Joseph’s Healthcare Hamilton

6.

Kenora (6 Matheson Street South)

Lake of the Woods District Hospital

7.

Kingston (240 Brock Street)

Kingston Health Sciences Centre

8.

Kitchener (52 Glasgow Street)

Grand River Hospital Corporation

9.

London (281 Wellington Street)

Alexandra Hospital

10.

North Bay (50 College Drive)

North Bay Regional Health Centre

11.

Ottawa (1145 Carling Avenue)

Royal Ottawa Health Care Group/ Services de Santé Royal Ottawa

12.

Owen Sound (495 9th Avenue E.)

Grey Bruce Health Services

13.

Sarnia (89 Norman Street)

Bluewater Health

14.

Sault Ste. Marie (750 Great Northern Road)

Sault Area Hospital

15.

Simcoe (394 West Street)

Norfolk General Hospital

16.

Smooth Rock Falls (105 Second Avenue)

Smooth Rock Falls Hospital

17.

St. Catharines (264 Welland Ave.)

Niagara Health System

18.

Sudbury (336 Pine Street)

Health Sciences North/ Horizon Santé-Nord

19.

Thunder Bay (667 Sibley Drive)

St. Joseph’s Care Group

20.

Toronto (60 White Squirrel Way)

Centre for Addiction and Mental Health

21.

Toronto (1235 Wilson Avenue)

Humber River Hospital

22.

Toronto (985 Danforth Avenue)

Toronto East Health Network

23.

Toronto (135 Sherbourne Street)

Unity Health Toronto

24.

Toronto (30 The Queensway)

Unity Health Toronto

25.

Toronto (16 Ossington Avenue)

University Health Network

26.

Toronto (892 Dundas Street W.)

University Health Network

27.

Windsor (1453 Prince Road)

Hôtel Dieu Grace Healthcare

Post-conviction detention, s. 49 (1) of the Act

27. (1) All correctional institutions which offer one or more programs for the treatment of alcohol addiction are designated for the purposes of subsection 49 (1) of the Act.

(2) In subsection (1), “correctional institution” has the same meaning as in the Ministry of Correctional Services Act.

Possession of liquor for research, educational purposes

28. (1) The Registrar may approve the possession, service or consumption of liquor for research or educational purposes under section 51 of the Act in the circumstances described in this section.

(2) The applicant for the approval must undertake to supervise the possession, service or consumption of liquor.

(3) The research or education must satisfy one or more of the following criteria:

1.  It must be undertaken for the purpose of educating and training persons in the responsible sale and service of liquor and must occur at a post-secondary educational institution or a law enforcement agency.

2.  It must be undertaken for the purpose of testing the effects of liquor consumption on humans and must occur in a medical institution or research facility the object of which is research into drug addiction.

3.  It must be undertaken for the purpose of educating and training persons in the making and testing of liquor and must be conducted as follows:

i.  It must occur in a post-secondary educational institution with a program of instruction in the science and art of making liquor that is authorized to be offered in Ontario and is a group of related courses leading to a degree, diploma, certificate or other document awarded by the institution.

ii.  It must be restricted to students enrolled in the program.

iii.  It must be conducted and supervised by persons who have successfully completed a course on server training approved by the Board.

Police powers, s. 47 (1) and 62 of the Act

29. For the purposes of subsection 47 (1) and section 62 of the Act, the following provisions are prescribed:

1.  All of the provisions of Ontario Regulation 746/21 (Licensing) made under the Act.

2.  All of the provisions of Ontario Regulation 747/21 (Permits) made under the Act.

30. Omitted (provides for amendments to this Regulation).

31. Omitted (provides for coming into force of provisions of this Regulation).

 

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