O. Reg. 352/22: LICENSING
filed April 19, 2022 under Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
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made under the
Liquor Licence and Control Act, 2019
Made: April 14, 2022
Filed: April 19, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022
Amending O. Reg. 746/21
(LICENSING)
1. The French versions of subsections 17 (5) and (6) of Ontario Regulation 746/21 are amended by striking out “contiguë au lieu” wherever it appears and substituting in each case “voisine du lieu”.
2. The French version of subsection 35 (8) of the Regulation is amended by striking out “endroit contigu” at the end and substituting “endroit voisin”.
3. (1) The French versions of subsections 43 (1) and (2) of the Regulation are amended by striking out “aires contiguës” wherever it appears and substituting in each case “aires voisines”.
(2) The French version of subsection 43 (3) of the Regulation is amended by striking out “adjacentes” and substituting “voisines”.
4. The French version of clause 73 (2) (b) of the Regulation is amended by striking out “contiguë à ce magasin” and substituting “voisine de ce magasin”.
5. The French version of subparagraph 3 iii of section 124 of the Regulation is amended by striking out “contiguë à ce magasin” and substituting “voisine de ce magasin”.
6. Subsection 128 (1) of the Regulation is amended by adding the following paragraph:
1.1 Caterer’s endorsement.
7. Section 129 of the Regulation is amended by adding the following subsections:
(2.1) The Registrar may only grant a caterer’s endorsement if,
(a) the licensee holds a by-the-glass endorsement; and
(b) the Registrar is of the opinion that the sale and service of liquor will be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.
(2.2) A caterer’s endorsement is immediately revoked if the licensee ceases to hold a by-the-glass endorsement.
8. The Regulation is amended by adding the following section:
Proposal to refuse endorsement
129.1 The by-the-glass class of endorsement is prescribed for the purposes of subsection 3 (3.1) of the Act.
9. (1) The French version of subparagraph 3 iii of subsection 130 (3) of the Regulation is amended by striking out “contiguë à ce magasin” and substituting “voisine de ce magasin”.
(2) Section 130 of the Regulation is amended by adding the following subsection:
(7.1) A caterer’s endorsement authorizes the licensee to perform the actions authorized under subsection (7), other than the delivery of liquor for a fee, at premises other than the licensed premises.
10. Subsection 146 (4) of the Regulation is revoked.
11. The Regulation is amended by adding the following section:
Caterer’s Endorsements
Compliance with other conditions
148.1 It is a condition of every manufacturer’s licence to sell with a caterer’s endorsement that the licensee comply with,
(a) sections 60 to 63, other than subsection 61 (4), with necessary modifications; and
(b) sections 146 to 148, with necessary modifications.
12. (1) The French version of subsection 153 (1) of the Regulation is amended by striking out “contigu à un lieu” and substituting “voisin d’un lieu”.
(2) Section 153 of the Regulation is revoked and the following substituted:
Temporary indoor physical extensions
153. (1) The Registrar may approve a temporary indoor physical extension that is adjacent to premises to which a liquor sales licence applies for the period specified by the Registrar.
(2) The Registrar may approve a temporary indoor physical extension that is immediately adjacent to premises to which a by-the-glass endorsement applies for the period specified by the Registrar.
(3) Despite subsections (1) and (2) and sections 153.1 to 153.5, this section, as it read immediately before the day that subsection 12 (2) of Ontario Regulation 352/22 made under the Act came into force, applies with respect to temporary physical extensions of licensed premises instead of those provisions until 3 a.m. on that day.
Temporary outdoor physical extensions, municipal
153.1 (1) A municipality may, if the requirements in subsection (3) are met, approve a temporary outdoor physical extension of a premises which is located in the municipality and to which a liquor sales licence applies,
(a) that is adjacent to the premises; or
(b) in the case of a premises that is a boat, that consists of,
(i) a specified portion of a dock to which the boat is attached that is secured or affixed to land, and
(ii) a specified portion of the land to which the dock is secured or affixed.
(2) A municipality may, if the requirements in subsection (3) are met, approve a temporary outdoor physical extension of a premises which is located in the municipality and to which a by-the-glass endorsement applies that is immediately adjacent to the premises.
(3) The following requirements are specified for the purposes of subsections (1) and (2):
1. The municipality has provided for licensees to apply for or otherwise obtain an approval of a temporary outdoor physical extension in the municipality.
2. The licensee is able to demonstrate sufficient control over the area to which the extension would apply.
3. There is no condition on the licence prohibiting a patio.
4. The capacity of the area to which the extension would apply allows for at least 1.11 square metres per person.
5. The licensed premises would not be subject to a temporary outdoor physical extension for more than a total of eight months in a calendar year.
6. In the case of a premises that is a boat,
i. the portion of the dock to which the extension would apply is surrounded by a physical barrier to prevent access to water, and
ii. access to any water bordering the portion of land to which the extension would apply is prevented by a physical barrier.
(4) The municipality shall specify the maximum duration of an approved temporary outdoor physical extension.
(5) An approval may be granted under subsection (1) or (2) with respect to one or more calendar years, as specified by the municipality.
(6) The municipality may, at the time of approval or at any time during the period of an approved temporary outdoor physical extension, specify conditions to which the approval is subject.
(7) In the event of a conflict between a condition on the licence and a condition specified under subsection (6), the condition on the licence prevails to the extent of the conflict.
(8) The municipality may suspend or withdraw an approval.
(9) A licensee who obtains approval for a temporary outdoor physical extension under this section shall notify the Registrar in accordance with the following requirements:
1. Before selling or serving liquor on the extension, the licensee shall notify the Registrar of the approval, any conditions to which the approval is subject under subsection (6) and the duration of the approved temporary outdoor physical extension.
2. A licensee whose approval is suspended or withdrawn shall immediately notify the Registrar of the suspension or withdrawal.
3. A licensee whose approval becomes subject to a condition under subsection (6) after the time of the approval shall immediately notify the Registrar of the imposition of the condition.
4. A notification under this subsection shall be given in the form and manner specified by the Registrar.
(10) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection (3) continue to be met for the duration of the approved temporary outdoor physical extension.
Temporary outdoor physical extensions, on reserve by Registrar
153.2 (1) In this section and in section 153.3,
“council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)
“Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”)
“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve (“réserve”).
(2) The Registrar may, if the requirements in subsection (4) are met, approve a temporary outdoor physical extension of a premises which is located on a reserve and to which a liquor sales licence applies,
(a) that is adjacent to the premises; or
(b) in the case of a premises that is a boat, that consists of,
(i) a specified portion of a dock to which the boat is attached that is secured or affixed to land, and
(ii) a specified portion of the land to which the dock is secured or affixed.
(3) The Registrar may, if the requirements in subsection (4) are met, approve a temporary outdoor physical extension of a premises which is located on a reserve and to which a by-the-glass endorsement applies that is immediately adjacent to the premises.
(4) The following requirements are specified for the purposes of subsections (2) and (3):
1. The council of the band indicates, in the form and manner specified by the Registrar, that it does not object to the extension for which approval is sought.
2. The requirements listed in paragraphs 2 to 6 of subsection 153.1 (3).
(5) The Registrar shall specify the maximum duration of an approved temporary outdoor physical extension.
(6) An approval may be granted under subsection (2) or (3) with respect to one or more calendar years, as specified by the Registrar.
(7) The Registrar may suspend or withdraw an approval.
(8) If the Registrar receives a copy of a resolution of the council of the band requesting that the Registrar not approve any temporary outdoor physical extensions on the reserve,
(a) the Registrar shall not approve temporary outdoor physical extensions on the reserve and shall refuse any applications for approval of such extensions that are outstanding at the time the Registrar receives the copy of the resolution, and subsections (2), (3) and (7) cease to apply with respect to the reserve; and
(b) section 153.3 applies with respect to,
(i) approvals of temporary outdoor physical extensions on the reserve, and
(ii) existing temporary outdoor physical extensions on the reserve approved under subsection (2) or (3).
(9) If the Registrar receives a copy of a resolution of the council of the band rescinding a request referred to in subsection (8),
(a) that subsection ceases to apply as of the day on which the resolution is received; and
(b) any existing temporary outdoor physical extensions on the reserve continue under this section, except that any conditions on an existing approval that were specified by the council of the band under subsection 153.3 (6) cease to apply.
(10) As soon as possible after receiving a copy of a resolution referred to in subsection (8) or (9) respecting a reserve, the Registrar shall give written notice, in the manner the Registrar considers appropriate, to every holder of a liquor sales licence operating on the reserve, stating,
(a) in the case of a resolution referred to in subsection (8), that the Registrar has received the resolution and the date from which the Registrar may no longer approve temporary outdoor physical extensions on the reserve; or
(b) in the case of a resolution referred to in subsection (9), that,
(i) the Registrar has received the resolution,
(ii) the date from which the Registrar may approve temporary outdoor physical extensions on the reserve, and
(iii) any conditions on an approval that were specified by the council of the band cease to apply.
(11) The Registrar shall publish on the website of the Alcohol and Gaming Commission of Ontario,
(a) a list of the reserves in which the Registrar may not approve temporary outdoor physical extensions as a result of subsection (8); and
(b) for each reserve referred to in clause (a), the date on which the Registrar received a copy of the resolution referred to in subsection (8).
Temporary outdoor physical extensions, on reserve by council of the band
153.3 (1) During any period in which subsection 153.2 (8) applies, the council of the band may, if the requirements in subsection (2) are met, approve the temporary outdoor physical extension of a premises described in subsections 153.2 (2) and (3) on the reserve instead of the Registrar.
(2) The following requirements are specified for the purposes of subsection (1):
1. The council of the band has provided for licensees to apply for or otherwise obtain an approval of a temporary outdoor physical extension on the reserve.
2. The requirements listed in paragraphs 2 to 6 of subsection 153.1 (3).
(3) For the purposes of subclause 153.2 (8) (b) (ii), the council of the band may exercise its powers under this section with respect to existing temporary outdoor physical extensions on the reserve approved under subsection 153.2 (2) or (3) regardless of whether the requirement in paragraph 1 of subsection (2) of this section is met.
(4) The council of the band shall specify the maximum duration of an approved temporary outdoor physical extension.
(5) An approval may be granted under subsection (1) with respect to one or more calendar years, as specified by the council of the band.
(6) The council of the band may, at the time of approval or at any time during the period of an approved temporary outdoor physical extension, specify conditions to which the approval is subject.
(7) A council of the band may suspend or withdraw an approval.
(8) A licensee who obtains approval for a temporary outdoor physical extension under this section, or whose approved temporary outdoor physical extension becomes subject to this section, shall notify the Registrar in accordance with the following requirements, as applicable:
1. In the case of an approval under this section, the licensee shall, before selling or serving liquor on the extension, notify the Registrar of the approval, any conditions to which the approval is subject under subsection (6) and the duration of the approved temporary outdoor physical extension.
2. A licensee whose approval is suspended or withdrawn shall immediately notify the Registrar of the suspension or withdrawal.
3. A licensee whose approval becomes subject to a condition under subsection (6) after the time of the approval shall immediately notify the Registrar of the imposition of the condition.
4. A notification under this subsection shall be given in the form and manner specified by the Registrar.
(9) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection 153.1 (3) continue to be met for the duration of the approved temporary outdoor physical extension.
Temporary outdoor physical extensions, unorganized territory
153.4 (1) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3) are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a liquor sales licence applies,
(a) that is adjacent to the premises; or
(b) in the case of a premises that is a boat, that consists of,
(i) a specified portion of a dock to which the boat is attached that is secured or affixed to land, and
(ii) a specified portion of the land to which the dock is secured or affixed.
(2) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3) are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a by-the-glass endorsement applies that is immediately adjacent to the premises.
(3) The Registrar shall specify the maximum duration of an approved temporary outdoor physical extension.
(4) An approval may be granted under subsection (1) or (2) with respect to one or more calendar years, as specified by the Registrar.
(5) The Registrar may suspend or withdraw an approval.
Effect of approved extension
153.5 For greater certainty, an approved temporary indoor or outdoor physical extension forms part of a licensed premises for its duration, and any conditions to which the licence is subject apply with respect to the extension, in addition to, in the case of an outdoor physical extension, any conditions to which the approval of the extension is subject under section 153.1 or 153.3.
(3) Subsection 153 (3) of the Regulation, as remade by subsection (2), is revoked.
Commencement
13. (1) Except as otherwise provided by this section, this Regulation comes into force on the day it is filed.
(2) Sections 6 and 7, subsection 9 (2) and section 11 come into force on the later of May 2, 2022 and the day this Regulation is filed.
(3) Subsection 12 (2) comes into force on the later of the day section 1 of Schedule 11 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.
(4) Subsection 12 (3) comes into force on the day that is one day after the later of the day section 1 of Schedule 11 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.