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Liquor Licence Act

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

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).

Private Place

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

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

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

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

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

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

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

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

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

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

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

Importation of Liquor into Ontario

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

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

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

Note: On 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.

Hospitals and Institutions

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

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

1. The Rideau Correctional Centre.

2. Ontario Correctional Institution, Brampton.

3. Vanier Centre for Women, Brampton.

4. Monteith Correctional Centre, Monteith.

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

Consumption of Liquor for Research or Educational Purposes

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

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

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

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

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

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

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

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

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

(ii) authorized to be offered in Ontario;

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

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

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

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

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

Local Option

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

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

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

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

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

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

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

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

Exemptions from Provisions of the Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Liquor Delivery Licences

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

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

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

(a) Revoked: O. Reg. 283/21, s. 1.

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

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

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

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

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

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

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

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

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

i. a government store,

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

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

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

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

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

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

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

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

i. The name and address of the customer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. A Canadian passport.

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

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

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

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

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

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

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

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

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

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

21. (1) In this section,

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

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

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

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

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

(i) social, professional or personal success,

(ii) athletic prowess,

(iii) sexual prowess, opportunity or appeal,

(iv) enjoyment of any activity,

(v) fulfilment of any goal, or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Transfer of Licence

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

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

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

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

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

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

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

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

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

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

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

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

25. Revoked:  O. Reg. 353/07, s. 6.

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

Warning Regarding Consumption of Alcohol During Pregnancy

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

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

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

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

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

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

3. A government store.

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

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

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

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

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

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

27. Revoked:  O. Reg. 353/07, s. 7.

TABLE 1

Item

Order Number

Date of Order

Effective Date

1.

P.F.C. 4604

March 13, 1951

January 1, 1952

2.

P.F.C. 7057

January 7, 1952

January 1, 1952

3.

P.F.M. 728

November 14, 1952

January 1, 1953

4.

P.F.M. 2631

December 21, 1954

January 1, 1955

5.

P.F.M. 3856

November 14, 1955

January 1, 1956

6.

P.F.M. 3856-55

January 12, 1956

January 1, 1956

7.

P.F.M. 6580

March 5, 1958

March 1, 1958

8.

P.F.M. 7263

October 14, 1958

January 1, 1959

9.

P.F.M. 9175

March 29, 1960

January 1, 1961

10.

P.F.M. 9631

March 29, 1960

January 1, 1961

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

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

Column 1
Place

Column 2
Hospital

Barrie

As part of the Royal Victoria Hospital — The Community Care Centre for Substance Abuse

Cornwall

As part of the Cornwall General Hospital — Cornwall & Area Social Detox Program

Hamilton

As part of the Hamilton Civic Hospital — Hamilton Men’s Detox Centre

Hamilton

As part of the St. Joseph’s Hospital — Hamilton Women’s Detox Centre

Kenora

As part of the Lake of the Woods District Hospital — Alpha Delta Chi House

Kingston

As part of the Hôtel Dieu Hospital — Hôtel Dieu Detox

Kitchener

As part of the Kitchener-Waterloo Hospital — Waterloo Regional Detoxification Unit

London

As part of the St. Joseph’s Health Centre — St. Joseph’s Detoxification Centre

North Bay

As part of the St. Joseph’s General Hospital of North Bay Inc. — Nipissing Centre

Ottawa

As part of the Elizabeth Bruyère Hospital — Ottawa Detoxification Centre

Owen Sound

As part of the Grey Bruce Regional Health Centre — Grey Bruce Non-Medical Detoxification Centre

Sault Ste. Marie

As part of the Plummer Memorial Public Hospital — Sault Ste. Marie Detoxification Centre

Simcoe

As part of the Norfolk General Hospital — Haldimand-Norfolk Detoxification and Rehabilitation Service

Smooth Rock Falls

As part of the Smooth Rock Falls Hospital — Smooth Rock Falls Detoxification Centre

St. Catharines

As part of the Hôtel Dieu Hospital — Niagara Regional Detoxification Centre and The Regional Niagara Women’s Detoxification Centre

Sudbury

As part of the Sudbury Algoma Hospital — Detoxification Centre (Men) and Pinegate Women’s Detoxification Service

Thunder Bay

As part of the St. Joseph’s General Hospital — Balmoral Centre

Toronto

As part of the Alcoholism and Drug Addiction Research Foundation (The Clinical Institute) — the Addiction Research Foundation Detoxification Unit

Toronto

As part of The Doctors Hospital — Women’s Own Detox Centre

Toronto

St. Joseph’s Health Centre Detoxification Unit

Toronto

St. Michael’s Hospital Detoxification Centre

Toronto

The Toronto East General and Orthopaedic Hospital Inc. Detoxification Centre

Toronto

Toronto Hospital Western Division Detoxification Unit

Windsor

As part of the Windsor Western Hospital Centre, Inc. — the Men’s Detox Centre and the Women’s Detox Centre

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

schedule 2
Combination Government Stores

Column 1
Item

Column 2
Location

Column 3
Street Address

Column 4
Liquor Control Board of Ontario Store Number

1.

Alban

524 Highway 64

604

2.

Alfred

602 St. Philippe Street

466

3.

Apsley

3 Burleigh Street

318

4.

Arthur

151 Catherine Street West

293

5.

Athens

19 Main Street East

316

6.

Bayfield

71 Main Street South

550

7.

Baysville

2461 Muskoka Road 117 East

516

8.

Beachburg

35 Lapasse Road

597

9.

Beardmore

222 Main Street

180

10.

Belmont

210 Caesar Road

548

11.

Bewdley

5087 Rice Lake Drive North

594

12.

Bonfield

234 Yonge Street

574

13.

Bourget

3926 Champlain Street

121

14.

Brechin

King Street South

581

15.

Bruce Mines

9226 Taylor Street

421

16.

Brussels

575 Turnberry Street

541

17.

Buckhorn

1976 Lakehurst Road

561

18.

Burford

29 Park Avenue

429

19.

Burk’s Falls

10 Commercial Drive

232

20.

Calabogie

703 Mill Street

433

21.

Caledon

16000 Airport Road

599

22.

Callander

5 Main Street North

492

23.

Cannington

25 Cameron Street East

562

24.

Capreol

12 Hanna Street

118

25.

Cardinal

623 Highway 2, Cardinal Village Square

304

26.

Carp

461 Donald B Munro Drive

455

27.

Casselman

644 Principale Street

441

28.

Cayuga

1 Talbot Street West

160

29.

Chesley

115 First Avenue North

284

30.

Chesterville

150 Queen Street

303

31.

Cobalt

28 Silver Street

76

32.

Cobden

22 Truelove Street

442

33.

Coe Hill

8 Centre Street

535

34.

Colborne

9 Toronto Road, Highway 2

380

35.

Courtright

42 Thompson Street

337

36.

Creemore

12 Elizabeth Street East

267

37.

Delta

39 King Street

460

38.

Denbigh

22353 Highway 41

476

39.

Deseronto

78 St. George Street

96

40.

Dorset

1059 Main Street

399

41.

Dresden

188 Lindsley Street West

161

42.

Dunchurch

7 Church Street

595

43.

Dundalk

77220 Highway 10

450

44.

Dutton

234 Mary Street

213

45.

Dwight

25846 Highway 35

557

46.

Ear Falls

16 Spruce Street

292

47.

Earlton

4 - 10th Avenue South

506

48.

Echo Bay

3213 Highway 17 B East

519

49.

Elgin

131 Perth Street

352

50.

Elk Lake

55 First Street

280

51.

Emo

Highway 11

285

52.

Englehart

65 Fourth Avenue

92

53.

Foleyet

30 Young Street

338

54.

Frankford

14 King Drive North

364

55.

Glencoe

228 Currie Street

294

56.

Gooderham

1007 Gooderham Street

607

57.

Gore Bay

1 Dawson Street

157

58.

Goulais River

3040 Highway 17 North

473

59.

Grand Valley

22 Main Street South

583

60.

Hagar

7260 Highway 535

524

61.

Haileybury

316 Broadway Street

67

62.

Harriston

2 Queen Street South

369

63.

Hensall

24 London Road

622

64.

Honey Harbour

2669 Muskoka Road 5

448

65.

Hornepayne

36 Fifth Avenue

204

66.

Hudson

35 Second Street

480

67.

Ignace

300 Main Street, Ignace Shopping Center

291

68.

Iron Bridge

1 James Street

487

69.

Iroquois

17 Plaza Drive

262

70.

Kakabeka Falls

4793 Highway 11/17

335

71.

Kearney

86 Main Street

336

72.

Keewatin

202 10th Street

230

73.

Kenora

Highway 17 & Rocky Ridge Road

376

74.

Killaloe

161 Queen Street

314

75.

Killarney

17 Channel Street

409

76.

Kinmount

4094 Highway 121

307

77.

Kirkfield

1002 Portage Road

471

78.

Lafontaine

336 B Rue Lafontaine Road West

626

79.

Lanark

99 Clarence Street

479

80.

Lancaster

16 Molan Street

123

81.

Langton

67 Queen Street

510

82.

Lansdowne

992 Prince Street

423

83.

Larder Lake

38 Government Road

134

84.

Lion’s Head

1 Ferndale Road

606

85.

Long Sault

33 Long Sault Drive, Long Sault Shopping Center

435

86.

Longlac

116 Forestry Road

245

87.

Lucan

196 Main Street

264

88.

Lucknow

566 Willoughby Street

440

89.

Mactier

426 High Street

251

90.

Magnetawan

12 Biddy Street

514

91.

Manitouwadge

66 Huron Walk

220

92.

Manitowaning

13 Spragge & Queen Street

258

93.

Massey

250 Imperial Street South

256

94.

Matheson

423 Highway 11

162

95.

Mattice

275 King Street East

463

96.

Maxville

3 Main Street

309

97.

Maynooth

33004 Highway 62 North

478

98.

Merrickville

205 Elgin Street

119

99.

Mildmay

1024 Highway 9

621

100.

Millbrook

4 Centre Street

254

101.

Milverton

69 Main Street South

296

102.

Moonbeam

33A Highway 11

577

103.

Moosonee

35 First Street

424

104.

Nakina

112 Quebec Street

332

105.

Newcastle

34 Beaver Street

489

106.

Niagara-on-the-Lake

20 Queen Street

124

107.

Norwood

4246 Highway 7

504

108.

Omemee

4 King Street

281

109.

Orono

91 Mill Street

543

110.

Paisley

277 Queen Street North

615

111.

Palmerston

440 Main Street West

107

112.

Parkhill

264 Main Street

374

113.

Pefferlaw

17 Hastings Road

596

114.

Pelee Island

1109 Westshore Road

120

115.

Pickle Lake

18 Koval Street

379

116.

Plantagenet

240 Old Highway 17

375

117.

Plevna

7423 Highway 506

503

118.

Pointe au Baril

Highway 69

323

119.

Pontypool

646 Drum Road

611

120.

Port Burwell

30 Robinson Street

413

121.

Port Carling

115 Medora Street

403

122.

Port Loring

14 Wilson Lake Crescent

290

123.

Port McNicoll

779 Ney Avenue

608

124.

Port Severn

3238 Port Severn Road

482

125.

Port Stanley

325 Bridge Street

330

126.

Portland

34 Colbourne Street

439

127.

Rainy River

318 Atwood Avenue

114

128.

Red Rock

125 Salls Street

493

129.

Reeces Corners

4475 London Line

591

130.

Richard’s Landing

1198 Richard Street

451

131.

Richmond

6179 Perth Street

496

132.

Rosseau

1145 Highway 141

347

133.

Schreiber

207 Manitoba Street

464

134.

Seaforth

50 Main Street North

273

135.

Seeley’s Bay

106 Drynan Way, Unit 10

520

136.

Sioux Narrows

Highway 71

257

137.

Smooth Rock Falls

138 Highway 11 East

189

138.

Spanish

4 Goderich Road

565

139.

St. Charles

8 King Street East

488

140.

St. Isidore

2538 St. Isidore Street

308

141.

Stirling

125 North Street

414

142.

Sundridge

65 Ontario Street, Highway 124

613

143.

Tamworth

714 Addington Street East

105

144.

Tavistock

82 Hope Street West

530

145.

Teeswater

1 Industrial Road, Unit B

610

146.

Temagami

3 Wildflower Avenue

241

147.

Terrace Bay

7 Simcoe Plaza

173

148.

Thamesville

99 Industrial Road

567

149.

Thessalon

163 Main Street

104

150.

Thornbury

43 Arthur Street

537

151.

Tobermory

23 Brock Street

283

152.

Vankleek Hill

23 Mill Street

349

153.

Vermilion Bay

Highway 17 & 142 Tower Road

315

154.

Verner

10442 Highway 17

588

155.

Victoria Harbour

144 Albert Street

560

156.

Warkworth

44 Church Street

472

157.

Warsaw

906 Water Street

570

158.

Washago

8409 County Road 169

469

159.

Waterford

37 St. James Street

299

160.

Watford

538 Huron Street

328

161.

Wellington

462 Main Street

449

162.

Wheatley

676 Highway 3 East

372

163.

White River

204 Elgin Street

272

164.

Whitney

16 Hay Creek Road

319

165.

Wilberforce

2763 Essonville Road

447

166.

Winchester

578 Main Street West

578

167.

Zurich

11 Main Street

274

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