jswizzle3737/ontario_laws_and_regs huggingface dataset:
5 (1) No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence or permit to sell liquor or under the authority of a manufacturer’s licence. Soliciting orders (2) No person shall canvass for, receive or solicit orders for the sale of liquor unless the person is the holder of a licence or permit to sell liquor or unless the person is the holder of a licence to represent a manufacturer. Delivery for fee (3) No person shall deliver liquor for a fee except under the authority of a licence to deliver liquor. Exception (4) Subsections (1), (2) and (3) do not apply to the sale or delivery of liquor by or under the authority of the Liquor Control Board of Ontario under the Liquor Control Act.  R.S.O. 1990, c. L.19, s. 5.
5.1 No person shall operate a ferment on premise facility except under the authority of a licence to operate such a facility.  2006, c. 34, s. 16 (4). Section Amendments with date in force (d/m/y) 1998, c. 24, s. 2 - 30/03/2000 2006, c. 34, s. 16 (4)
- 01/07/2007
6.1 (1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of an applicant for any licence under this Act, or a renewal of a licence, the holder of a licence, or persons interested in the holder of the licence or interested in the premises to which the licence relates, or a director, officer or shareholder of any such person, as are necessary to determine whether the applicant or licensee meets the requirements of this Act and the regulations.  2006, c. 34, s. 16 (11). Corporations or partnerships (2) If the applicant or holder of the licence is a corporation or partnership, the Registrar may make inquiries into or conduct investigations of the directors, officers, shareholders or partners of the applicant, the holder of the licence or persons interested in the holder, the owner, or persons interested in the owner, of the premises to which the licence relates or would relate if the licence were issued.  2006, c. 34, s. 16 (11). Costs (3) The applicant or licensee shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.  2006, c. 34, s. 16 (11). Collection of information (4) The Registrar may require information or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.  2006, c. 34, s. 16 (11). Verification of information (5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration.  2006, c. 34, s. 16 (11). Disclosure (6)  Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the Registrar the information or material that the Registrar requires under subsection (4).  2006, c. 34, s. 16 (11). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 16 (11) - 01/07/2007
7 (1) Subject to subsection (2), the Registrar shall give notice of an application for a licence to sell liquor to the residents of the municipality in which the premises are located by giving notice, (a) in the prescribed manner in a newspaper having general circulation in the municipality; or (b) in any other manner that the Registrar considers desirable.  2002, c. 18, Sched. E, s. 7 (6); 2006, c. 34, s. 16 (12). Exception (2) The Registrar is not required to give notice under subsection (1) if the applicant for the licence is disentitled under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1) or if the Registrar is satisfied that, having regard to the applicant for the licence, the location of the premises to which the licence will apply and the needs and wishes of the residents of the municipality in which the premises are located, the issuance of the licence is in the public interest.  R.S.O. 1990, c. L.19, s. 7 (2); 1998, c. 18, Sched. E, s. 168 (2); 2002, c. 18, Sched. E, s. 7 (3); 2006, c. 34, s. 16 (13). Submissions (3) In a notice given under subsection (1), the Registrar shall request from the residents of the municipality written submissions as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of the residents.  R.S.O. 1990, c. L.19, s. 7 (3); 2002, c. 18, Sched. E, s. 7 (3). Idem (4) Written submissions concerning an application shall be made in the prescribed manner and within the prescribed time.  R.S.O. 1990, c. L.19, s. 7 (4). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 168 (2) - 18/03/1998 2002, c. 18, Sched. E, s. 7 (3, 6) - 28/02/2003 2006, c. 34, s. 16 (12, 13) - 01/07/2007
8 (1) The Registrar shall consider an application for a licence to sell liquor.  2002, c. 18, Sched. E, s. 7 (7). No objections (2) If, after giving notice of an application under subsection 7 (1), the Registrar receives no written objections to the application from the residents of the municipality within the time for making submissions, the Registrar may, (a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); (b) issue a proposal to review the application; or (c) issue a proposal to refuse the application.  2002, c. 18, Sched. E, s. 7 (7); 2006, c. 34, s. 16 (14). Conditions on consent (3) Where the Registrar approves an application under clause (2) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.  2002, c. 18, Sched. E, s. 7 (7). Objections (4) If, after giving notice of an application under subsection 7 (1), the Registrar receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the Registrar shall consider the objections and may, (a) call a public meeting; (b) issue a proposal to review the application; (b.1) issue a proposal to refuse the application; (c) approve the application if the Registrar is of the opinion that the objections are frivolous or vexatious; or (d) approve the application if the applicant is not otherwise disentitled under this Act.  2002, c. 18, Sched. E, s. 7 (7); 2006, c. 34, s. 16 (15); 2011, c. 1, Sched. 1, s. 6 (2). No notice (5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (a) to (g.1) or subsection 6 (4) or (4.1), the Registrar shall issue a proposal to refuse to issue the licence.  2006, c. 34, s. 16 (16). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (7) - 28/02/2003 2006, c. 34, s. 16 (14-16) - 01/07/2007 2011, c. 1, Sched. 1, s. 6 (2) - 01/07/2011
8.1 (1) The Board may establish criteria for holders of licences to sell liquor and for premises in respect of which a licence to sell liquor is issued based on factors related to public safety, the public interest, the risk to the public and the risk of non-compliance with the Act and the regulations by the holder of a licence.  2006, c. 34, s. 16 (17); 2010, c. 16, Sched. 5, s. 3 (1); 2011, c. 1, Sched. 1, s. 6 (3). Conditions (2) The Board, where it has established criteria under subsection (1), may specify conditions that may be imposed on a holder’s licence to sell liquor and on the premises in respect of which the licence is issued.  2006, c. 34, s. 16 (17). Designations (3) Based on the Registrar’s assessment of risk, he or she may designate holders of licences and premises in respect of which a licence to sell liquor is issued in accordance with the criteria established by the Board and may impose on the holder’s licence one or more conditions from among those specified by the Board.  2006, c. 34, s. 16 (17). Redesignations (4) The Registrar may redesignate a holder of a licence or the premises if there is a change in circumstances that satisfies the Registrar that the holder of the licence or the premises should be redesignated and, on redesignation, the Registrar may add, remove or otherwise change the conditions imposed on the licence and premises.  2006, c. 34, s. 16 (17). Consolidation of licences to sell liquor (5) The Registrar may consolidate two or more licences to sell liquor into one licence to sell liquor where the premises in respect of which the licences have been or are to be issued are contiguous, adjacent to or reasonably related to each other and, (a) the holder of each licence is the same person; or (b) the holders of the licences are related parties or interested persons as described in subsection 1 (2).  2006, c. 34, s. 16 (17). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 16 (17)
- 01/07/2007 2010, c. 16, Sched. 5, s. 3 (1) - 25/10/2010 2011, c. 1, Sched. 1, s. 6 (3) - 30/03/2011
9 (1) If a public meeting is called under clause 8 (4) (a), the Registrar shall give notice in the prescribed manner of a time and place for the meeting.  R.S.O. 1990, c. L.19, s. 9 (1); 2002, c. 18, Sched. E, s. 7 (3). Registrar to conduct meeting (2) The Registrar shall conduct the public meeting.  R.S.O. 1990, c. L.19, s. 9 (2); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (4). Representations by residents (3) The Registrar shall receive representations from the residents of the municipality in which the premises are located as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of the residents.  R.S.O. 1990, c. L.19, s. 9 (3); 2011, c. 1, Sched. 1, s. 6 (5). Idem (4) The Registrar shall consider the representations of the residents in determining whether to approve the application.  R.S.O. 1990, c. L.19, s. 9 (4); 2011, c. 1, Sched. 1, s. 6 (5). Registrar to consider application (5) After the meeting has been held, the Registrar shall consider the application and may, (a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); or (b) issue a notice of proposal to review the application or to refuse the application.  R.S.O. 1990, c. L.19, s. 9 (5); 1998, c. 18, Sched. E, s. 170; 2011, c. 1, Sched. 1, s. 6 (5, 6). Conditions on consent (6) Upon approving an application under clause (5) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.  2011, c. 1, Sched. 1, s. 6 (7). (7) Repealed:  2011, c. 1, Sched. 1, s. 6 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 170 - 18/12/1998 2002, c. 18, Sched. E, s. 7 (3, 4) - 28/02/2003 2006, c. 34, s. 16 (18) - 01/07/2007 2011, c. 1, Sched. 1, s. 6 (4-8) - 01/07/2011
10 (1) A person may apply to the Registrar for a licence to deliver liquor.  R.S.O. 1990, c. L.19, s. 10 (1); 2002, c. 18, Sched. E, s. 7 (3). Requirements (2) Subject to subsection (5), an applicant for a licence to deliver liquor is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clauses 6 (2) (a) to (g).  R.S.O. 1990, c. L.19, s. 10 (2). Registrar to consider application (3) An application for a licence shall be considered by the Registrar, and the Registrar may, (a) approve the application if the applicant is not disentitled under subsection (2); or (b) issue a proposal to refuse to issue the licence.  2002, c. 18, Sched. E, s. 7 (8). Conditions on consent (4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.  2002, c. 18, Sched. E, s. 7 (8). Prohibition (5) A licence to deliver liquor shall not be issued, (a) to a person who is under agreement with any person to sell or deliver the liquor of any manufacturer; (b) to a manufacturer or to a person who is so associated or connected therewith or financially interested therein as to be likely to promote the sale or delivery of liquor of that manufacturer; or (c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale or delivery of liquor of any manufacturer.  R.S.O. 1990, c. L.19, s. 10 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (3, 8) - 28/02/2003
11 (1) No person shall directly or indirectly act as or purport to be an agent or representative of a manufacturer in respect of the sale of liquor or canvass for, receive, take or solicit an order for the sale of liquor by a manufacturer unless the person is the holder of a licence to represent that manufacturer.  R.S.O. 1990, c. L.19, s. 11 (1). Applying for licence (2) A person may apply to the Registrar for a licence to represent a manufacturer.  R.S.O. 1990, c. L.19, s. 11 (2); 2002, c. 18, Sched. E, s. 7 (3). Requirements (3) An applicant for a licence to represent a manufacturer is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clause 6 (2) (d), (e) or (f).  R.S.O. 1990, c. L.19, s. 11 (3). Registrar to consider application (4) An application for a licence shall be considered by the Registrar, and the Registrar may, (a) approve the application if the applicant is not disentitled under subsection (3); or (b) issue a proposal to refuse to issue the licence.  2002, c. 18, Sched. E, s. 7 (9). Conditions on consent (5) Where the Registrar approves an application for a licence under clause (4) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.  2002, c. 18, Sched. E, s. 7 (9). (6) Repealed:  2010, c. 16, Sched. 5, s. 3 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (3, 9) - 28/02/2003 2010, c. 16, Sched. 5, s. 3 (2) - 01/06/2011
11.1 (1) A person may apply to the Registrar for a licence to operate a ferment on premise facility.  1998, c. 24, s. 4; 2002, c. 18, Sched. E, s. 7 (3); 2006, c. 34, s. 16 (19). Requirements (2) An applicant for a licence to operate a ferment on premise facility is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clause 6 (2) (a), (d), (e), (f) or (g).  1998, c. 24, s. 4; 2006, c. 34, s. 16 (19). Registrar to consider application (3) An application for a licence shall be considered by the Registrar, and the Registrar may, (a) approve the application if the applicant is not disentitled under subsection (2); or (b) issue a proposal to refuse to issue the licence.  2002, c. 18, Sched. E, s. 7 (10). Conditions on consent (4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.  2002, c. 18, Sched. E, s. 7 (10). Section Amendments with date in force (d/m/y) 1998, c. 24, s. 4 - 30/03/2000 2002, c. 18, Sched. E, s. 7 (3, 10) - 28/02/2003 2006, c. 34, s. 16 (19)
- 01/07/2007
12 (1) The Registrar shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a ferment on premise facility to an applicant if, (a) the applicant complies with this Act and the regulations and pays the required fee; and (b) the Registrar approves the applicant’s application or the Tribunal directs the Registrar to issue the licence.  2011, c. 1, Sched. 1, s. 6 (9). Conditions of licence (2) A licence is subject to such conditions as may be consented to by the applicant or licensee, imposed by the Tribunal or prescribed.  R.S.O. 1990, c. L.19, s. 12 (2); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (10). Limit on further applications (3) If the issuance of a licence to sell liquor is refused on the ground under clause 6 (2) (h), no further application may be made for a licence for the same premises within two years after the date of the refusal.  R.S.O. 1990, c. L.19, s. 12 (3). Exception (4) If the Registrar is satisfied that there has been a significant change in the circumstances that pertained at the time the application was refused, the Registrar may permit a reapplication within the two-year period mentioned in subsection (3).  2011, c. 1, Sched. 1, s. 6 (11). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (4, 11) - 28/02/2003 2006, c. 34, s. 16 (20)
- 01/07/2007 2011, c. 1, Sched. 1, s. 6 (9-11) - 01/07/2011
13 (1) If, within the time prescribed therefor or, if no time is prescribed, before expiry of a licence, the licensee has applied for renewal of the licence and paid the required fee, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) if the licensee is served with notice of a proposal to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired and, if a hearing is required, until the order has become final.  R.S.O. 1990, c. L.19, s. 13 (1); 1996, c. 26, s. 3 (5). Exception, default under tax statute (2) Subsection (1) does not apply in respect of a licence to sell liquor or to operate a ferment on premises facility if the holder of the licence is in default of filing a return or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act or Part II of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.  2009, c. 34, Sched. A, s. 11 (2); 2018, c. 12, Sched. 2, s. 56 (3). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (5) - 22/02/1998; 1998, c. 24, s. 6 - 30/03/2000 2006, c. 34, s. 16 (21) - 01/07/2007 2009, c. 34, Sched. A, s. 11 (2) - 01/07/2010 2018, c. 12, Sched. 2, s. 56 (3) - 16/11/2018
14 (1) The Registrar may at any time review a licence and may, (a) attach to the licence any further conditions consented to by the licensee; or (b) issue a proposal to attach to the licence any further conditions that the Registrar considers proper to give effect to the purposes of this Act.  2002, c. 18, Sched. E, s. 7 (12). Removal of conditions (2) The Tribunal may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition or a condition attached pursuant to section 8.1, subsection 10 (4), 11 (5), 11.1 (4) or clause (1) (a), if there is a change in circumstances.  2006, c. 34, s. 16 (22); 2011, c. 1, Sched. 1, s. 6 (12). Same (3) If the Tribunal, on considering an application for the removal of a condition, decides not to remove the condition, the Tribunal shall direct that a proposal be issued to refuse to remove the condition.  2002, c. 18, Sched. E, s. 7 (12); 2011, c. 1, Sched. 1, s. 6 (13). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (12) - 28/02/2003 2006, c. 34, s. 16 (22)
- 01/07/2007 2011, c. 1, Sched. 1, s. 6 (12, 13) - 01/07/2011
14.1 The Registrar may, on the application of a licensee, remove a condition that was attached pursuant to subsection 10 (4), 11 (5), 11.1 (4) or clause 14 (1) (a), if there is a change in circumstances that satisfies the Registrar that the condition is no longer appropriate.  2006, c. 34, s. 16 (23). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 16 (23) - 01/07/2007
16 Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or a change of licensee, no person shall carry on the business under the authority of the licence unless the licence is transferred by the Registrar in accordance with this Act and the regulations.  2010, c. 16, Sched. 5, s. 3 (3). Section Amendments with date in force (d/m/y) 1998, c. 24, s. 8 - 30/03/2000 2002, c. 18, Sched. E, s. 7 (3) - 28/02/2003 2006, c. 34, s. 16 (26)
- 01/07/2007 2010, c. 16, Sched. 5, s. 3 (3) - 01/06/2011
18 (1) The Registrar, in accordance with the regulations, may transfer a licence to sell liquor and a licence to operate a ferment on premise facility for a period of not more than one year to permit the orderly disposition of the business carried on under the licence.  1998, c. 24, s. 10; 2002, c. 18, Sched. E, s. 7 (3); 2006, c. 34, s. 16 (31). Idem (2) Subsection 17 (2) does not apply to a temporary transfer under this section.  R.S.O. 1990, c. L.19, s. 18 (2). Section Amendments with date in force (d/m/y) 1998, c. 24, s. 10 - 30/03/2000 2002, c. 18, Sched. E, s. 7 (3) - 28/02/2003 2006, c. 34, s. 16 (31) - 01/07/2007
19.1 (1) The Board may establish criteria for holders of permits and for premises in respect of which a permit is issued based on factors related to the risk to the public, public safety, the public interest and the risk of non-compliance with this Act and the regulations by the holder of a permit.  2010, c. 16, Sched. 5, s. 3 (8). Potential conditions (2) If the Board has established criteria under subsection (1), the Board may specify conditions that may be imposed on a holder’s permit and on the premises in respect of which the permit is issued.  2010, c. 16, Sched. 5, s. 3 (8). Imposition of conditions (3) Based on the Registrar’s assessment of risk, the Registrar may, in accordance with the criteria established by the Board, impose on the holder’s permit one or more conditions from among those specified by the Board.  2010, c. 16, Sched. 5, s. 3 (8). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 5, s. 3 (8) - 01/06/2011
20 (1) The Registrar may issue a proposal to disqualify premises for purposes of issuing permits under section 19 on the grounds of a contravention of the law that has occurred at a previous event held on the premises.  2002, c. 18, Sched. E, s. 7 (17). Interim disqualification of premises (2) Upon issuing a proposal to disqualify premises, the Registrar may by order disqualify the premises before a hearing, if the Registrar considers it to be necessary in the public interest.  2011, c. 1, Sched. 1, s. 6 (22). Idem (3) An order to disqualify premises under subsection (2) takes effect immediately and, if a hearing is required, expires fifteen days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Tribunal may extend the time of expiration until the hearing is concluded.  R.S.O. 1990, c. L.19, s. 20 (3); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (23). Exception (4) An order to disqualify premises shall remain in effect until at least two years have passed since the order and shall remain in effect until the Registrar is of the opinion that the order is no longer required.  2006, c. 34, s. 16 (37). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 174 - 18/12/1998 2002, c. 18, Sched. E, s. 7 (4, 17) - 28/02/2003 2006, c. 34, s. 16 (37)
- 01/07/2007 2011, c. 1, Sched. 1, s. 6 (22, 23) - 01/07/2011 Refusal of special occasion permit or caterer’s endorsement
20.1 (1) In this section, “caterer’s endorsement” means an endorsement to a licence to sell liquor, made under the regulations, authorizing an applicant to sell and serve liquor for an event held on premises other than premises to which the licence applies; (“avenant relatif au traiteur”) “special occasion permit” means a permit issued under section 19. (“permis de circonstance”)  1999, c. 12, Sched. F, s. 29. Restriction (2) The Registrar shall not grant a special occasion permit or a caterer’s endorsement with respect to a premises if, (a) the Registrar has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years or the Tribunal has directed the Registrar to so refuse within the past two years; (b) both of the following conditions are met: (i) the Registrar has revoked or suspended the licence to sell liquor on the premises or the Tribunal has directed the Registrar to so revoke or suspend the licence, (ii) the revocation or suspension is still in effect; or (c) a disqualification under section 20 is still in effect concerning the premises.  2002, c. 18, Sched. E, s. 7 (18); 2011, c. 1, Sched. 1, s. 6 (24). Saving (3) Despite clause (2) (a), the Tribunal may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer’s endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Tribunal or Registrar refused to issue a licence on the basis of clause 6 (2) (h).  2002, c. 18, Sched. E, s. 7 (18); 2011, c. 1, Sched. 1, s. 6 (25). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. F, s. 29 - 22/12/1999 2002, c. 18, Sched. E, s. 7 (18) - 28/02/2003 2011, c. 1, Sched. 1, s. 6 (24, 25) - 01/07/2011
21 (1) If the Registrar issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or licensee: 1. Review an application for a licence to sell liquor. 1.1 Refuse an application for a licence to sell liquor. 2. Refuse to issue a licence to deliver liquor or a licence to represent a manufacturer. 3. Refuse to issue a licence to operate a ferment on premise facility. 4. Refuse to renew a licence. 5. Refuse to transfer a licence. 6. Suspend or revoke a licence. 7. Attach a condition to a licence. 8. Refuse to remove a condition of a licence. 9. Restrict further applications for a licence to sell liquor in respect of the same premises, as described in subsection 15 (8).  2002, c. 18, Sched. E, s. 7 (19); 2006, c. 34, s. 16 (38-40); 2011, c. 1, Sched. 1, s. 6 (26). Same (2) If the Registrar or an authorized person under section 19 issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or permit holder: 1. Refusing to issue a permit. 2. Revoking a permit. 3. Attaching a condition to a permit. 4. Refusing to remove a condition of a permit.  2002, c. 18, Sched. E, s. 7 (19). Same (3) If the Registrar issues a proposal to disqualify premises under section 20, the Registrar shall serve notice of the proposal together with written reasons on the owner of the premises.  2002, c. 18, Sched. E, s. 7 (19). Notice requiring hearing (4) A notice of a proposal shall inform the applicant, licensee, permit holder or owner that the person is entitled to a hearing by the Tribunal if the person mails or delivers to the Tribunal and the Registrar, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Tribunal, and the person may so require such a hearing.  2011, c. 1, Sched. 1, s. 6 (27). No hearing (5) If a person to whom a notice is sent under this section does not require a hearing by the Tribunal, the Registrar may, (a) in the case of a notice of a proposal to review an application for a licence to sell liquor, refuse to issue the licence; or (b) in any case other than that referred to in clause (a), carry out the proposal stated in the notice.  2002, c. 18, Sched. E, s. 7 (19); 2011, c. 1, Sched. 1, s. 6 (28). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (19) - 28/02/2003 2006, c. 34, s. 16 (38-40) - 01/07/2007 2011, c. 1, Sched. 1, s. 6 (26-28) - 01/07/2011
22 (1) A manufacturer of spirits, beer or Ontario wine may apply to the Registrar for a licence to sell the spirits, beer or Ontario wine to the Liquor Control Board of Ontario under the Liquor Control Act.  R.S.O. 1990, c. L.19, s. 22 (1); 2002, c. 18, Sched. E, s. 7 (3). Issuance (2) The Registrar may issue a manufacturer’s licence to an applicant under this section.  R.S.O. 1990, c. L.19, s. 22 (2); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (41). Conditions (3) A manufacturer’s licence is subject to such conditions as may be imposed by the Registrar or prescribed.  R.S.O. 1990, c. L.19, s. 22 (3); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (41). Transfer (4) The Registrar, in accordance with the regulations, may transfer a manufacturer’s licence.  R.S.O. 1990, c. L.19, s. 22 (4); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (41). Decision final (5) The Registrar’s decision to issue or transfer or to refuse to issue or transfer a manufacturer’s licence is final.  R.S.O. 1990, c. L.19, s. 22 (5); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (41). (6) Repealed:  1996, c. 26, s. 3 (9). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (9) - 22/02/1998 2002, c. 18, Sched. E, s. 7 (3, 4) - 28/02/2003 2006, c. 34, s. 16 (41)
- 01/07/2007 Hearings
23 (1) Repealed:  1996, c. 26, s. 3 (10). (2) Repealed:  1994, c. 27, s. 88 (1). (3), (4) Repealed:  1996, c. 26, s. 3 (11). Notice (5) The Tribunal shall fix a time and place for the hearing of the matter and shall at least ten days before the day fixed cause notice of the hearing to be served upon the person who has required the hearing.  R.S.O. 1990, c. L.19, s. 23 (5); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (28). (6)-(8) Repealed:  1996, c. 26, s. 3 (11). (9) Repealed:  1994, c. 27, s. 88 (2). Powers (10) Following a hearing to consider a proposal to review an application for a licence to sell liquor, the Tribunal may direct the Registrar to issue the licence or to refuse to issue the licence.  2011, c. 1, Sched. 1, s. 6 (29). Same (11) Following a hearing to consider any other proposal referred to in subsection 21 (1), (2) or (3), the Tribunal may direct the Registrar not to carry out the proposal or to carry out the proposal, in whole or in part, and with any changes that the Tribunal considers appropriate, and the Tribunal may direct the Registrar to approve an application to which the proposal relates.  2011, c. 1, Sched. 1, s. 6 (29). Conditions (12) Following a hearing, the Tribunal may attach to a licence or permit any condition that the Tribunal considers proper to give effect to the purposes of this Act.  R.S.O. 1990, c. L.19, s. 23 (12); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (30). Transition (13) If a person has requested a hearing under this Act, as it read before the day section 6 of Schedule 1 to the Good Government Act, 2011 comes into force, but the hearing has not commenced by that day, the Tribunal shall hold the hearing.  2011, c. 1, Sched. 1, s. 6 (31). Same (14) If a hearing before the Board under this section has not concluded by the day section 6 of Schedule 1 to the Good Government Act, 2011 comes into force, then despite subsection (5), the Board shall continue to hold the hearing.  2011, c. 1, Sched. 1, s. 6 (31). (15) Repealed:  1996, c. 26, s. 3 (11). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 88 (1, 2) - 09/12/1994; 1996, c. 26, s. 3 (10, 11) - 22/02/1998 2011, c. 1, Sched. 1, s. 6 (28-31) - 01/07/2011
24 The Tribunal shall not review a decision or order refusing the issuance of a licence to sell liquor or revoking, suspending or refusing to renew such a licence if the decision or order is based on the ground under clause 6 (2) (h).  1996, c. 26, s. 3 (12); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (32). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (12) - 06/03/1997 2002, c. 18, Sched. E, s. 7 (4) - 28/02/2003 2011, c. 1, Sched. 1, s. 6 (32) - 01/07/2011 25., 26 Repealed: 1996, c. 26, s. 3 (13). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (13) - 22/02/1998 Responsible Use
27 No person shall purchase liquor except from a government store or from a person authorized by licence or permit to sell liquor.  R.S.O. 1990, c. L.19, s. 27.
28 No manufacturer or employee, agent or licensed representative of a manufacturer shall give any liquor to any person, except as permitted by the regulations.  R.S.O. 1990, c. L.19, s. 28.
29 No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated.  R.S.O. 1990, c. L.19, s. 29.
30.1 (1) No person shall sell or supply liquor or offer to sell or supply liquor from a prescribed premises unless, (a) the premises prominently displays a warning sign containing the prescribed information that cautions women who are pregnant that the consumption of alcohol during pregnancy is the cause of Fetal Alcohol Spectrum Disorder; (b) the sign is posted at the premises in accordance with the prescribed criteria; and (c) the sign satisfies any other criteria that are prescribed.  2004, c. 12, s. 1. Language of sign (2) A sign under subsection (1) shall be in English and may be in any other language that is prescribed.  2004, c. 12, s. 1. Regulations (3) The Lieutenant Governor in Council may make regulations, (a) prescribing premises and types of premises that are required to display a sign under subsection (1); (b) governing signs for the purposes of subsection (1); (c) prescribing languages, other than English, which may be used in a sign for the purposes of subsection (2) and specifying areas of the Province where a sign in a prescribed language may be displayed.  2004, c. 12, s. 1. Binds the Crown (4) This section binds the Crown.  2004, c. 12, s. 1. Section Amendments with date in force (d/m/y) 2004, c. 12, s. 1 - 01/02/2005 Unlawful possession or consumption
31 (1) In this section, “residence” means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent.  R.S.O. 1990, c. L.19, s. 31 (1). Unlawful possession or consumption (2) No person shall have or consume liquor in any place other than, (a) a residence; (b) premises in respect of which a licence or permit is issued; (c) a private place as defined in the regulations; or (d) despite any designation of a place made under section 35 and subject to the regulations, a public place designated by a by-law made by the council of a municipality.  R.S.O. 1990, c. L.19, s. 31 (2); 2019, c. 7, Sched. 38, s. 2. Exception (3) Subsection (2) does not apply to the possession of liquor that is in a closed container.  R.S.O. 1990, c. L.19, s. 31 (3). Same (3.1) Despite clause (2) (b), no person shall consume beer or wine in a licensed ferment on premise facility except as permitted by the regulations.  1998, c. 24, s. 13; 2006, c. 34, s. 16 (45). Intoxication (4) No person shall be in an intoxicated condition, (a) in a place to which the general public is invited or permitted access; or (b) in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.  R.S.O. 1990, c. L.19, s. 31 (4). Arrest without warrant (5) A police officer may arrest without warrant any person whom he or she finds contravening subsection (4) if, in the opinion of the police officer, to do so is necessary for the safety of any person.  R.S.O. 1990, c. L.19, s. 31 (5). Interpretation (6) In this section, a reference to a police officer includes a conservation officer.  2006, c. 34, s. 16 (46). Section Amendments with date in force (d/m/y) 1998, c. 24, s. 13 - 30/03/2000 2006, c. 34, s. 16 (45, 46) - 01/07/2007 2019, c. 7, Sched. 38, s. 2 - 14/06/2019
32 (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit.  R.S.O. 1990, c. L.19, s. 32 (1). Exception (2) Subsection (1) does not apply if the liquor in the vehicle, (a) is in a container that is unopened and the seal unbroken; or (b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle.  R.S.O. 1990, c. L.19, s. 32 (2). Conveying liquor in boat (3) No person shall operate or have the care or control of a boat that is underway while there is contained in the boat any liquor, except under the authority of a licence or permit.  R.S.O. 1990, c. L.19, s. 32 (3). Exception (4) Subsection (3) does not apply if the liquor in the boat, (a) is in a container that is unopened and the seal unbroken; or (b) is stored in a closed compartment.  R.S.O. 1990, c. L.19, s. 32 (4). Search of vehicle or boat (5) A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.  R.S.O. 1990, c. L.19, s. 32 (5). Definitions (6) In this section, “boat” includes any ship or boat or any other description of vessel used or designed to be used in the navigation of water; (“bateau”) “police officer” includes a conservation officer. (“agent de police”)  R.S.O. 1990, c. L.19, s. 32 (6); 2006, c. 34, s. 16 (47). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 16 (47) - 01/07/2007
33 No person shall, (a) drink alcohol in a form that is not a liquor; or (b) supply alcohol in a form that is not a liquor to another person, if the person supplying the alcohol knows or ought to know that the other person intends it to be used as a drink.  R.S.O. 1990, c. L.19, s. 33; 2019, c. 7, Sched. 38, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 38, s. 3 - 29/05/2019
33.1 (1) No person shall possess liquor in excess of the prescribed quantity unless, (a) the liquor was purchased by an individual from a government store for his or her personal use; (b) the liquor was manufactured by an individual in accordance with the law for his or her personal use or for service at an event at which liquor may be served under the authority of a permit; (c) the liquor was imported into Ontario in accordance with the regulations; (d) the liquor is possessed by or under the authority of the Liquor Control Board of Ontario under the Liquor Control Act; or (e) the liquor is possessed by or under the authority of a licence or permit issued by the Registrar under this Act.  1994, c. 18, s. 5 (4); 2002, c. 18, Sched. E, s. 7 (3); 2019, c. 7, Sched. 38, s. 4. Personal use (2) In this section, references to an individual’s personal use of liquor refer to, (a) consuming the liquor; (b) serving the liquor to other individuals at a residence as defined in section 31 or at a private place as defined in the regulations; (c) giving the liquor to another individual as a gift.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (48). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 5 (4) - 10/12/1999 2002, c. 18, Sched. E, s. 7 (3) - 28/02/2003 2006, c. 34, s. 16 (48) - 01/07/2007 2019, c. 7, Sched. 38, s. 4 - 14/06/2019
34 (1) The holder of a licence or permit issued in respect of premises shall ensure that a person does not remain on the premises if the holder has reasonable grounds to believe that the person, (a) is unlawfully on the premises; (b) is on the premises for an unlawful purpose; or (c) is contravening the law on the premises.  R.S.O. 1990, c. L.19, s. 34 (1). Idem (2) The holder of a licence or permit may request a person referred to in subsection (1) to leave the premises immediately and if the request is not forthwith complied with may remove the person or cause the person to be removed by the use of no more force than is necessary.  R.S.O. 1990, c. L.19, s. 34 (2). Order to vacate premises (3) If there are reasonable grounds to believe that a disturbance or breach of the peace sufficient to constitute a threat to the public safety is being caused on premises for which a licence or permit is issued, a police officer may require that all persons vacate the premises.  R.S.O. 1990, c. L.19, s. 34 (3). Not to remain after being required to leave (3.1) No person shall remain on licensed premises after being required to vacate the premises by a police officer under subsection (3).  2004, c. 28, s. 3. No re-entry (3.2) No person shall re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.  2004, c. 28, s. 3. Duty to ensure premises vacated (4) The holder of the licence or permit for premises that are required to be vacated under subsection (3) shall take all reasonable steps to ensure that the premises are vacated.  R.S.O. 1990, c. L.19, s. 34 (4). Right to refuse entry (5) A licensee or employee of a licensee who has reason to believe that the presence of a person on the licensee’s licensed premises is undesirable may, (a) request the person to leave; or (b) forbid the person to enter the licensed premises.  R.S.O. 1990, c. L.19, s. 34 (5). Not to remain after request to leave (6) No person shall, (a) remain on licensed premises after he or she is requested to leave by the licensee or an employee of the licensee; or (b) re-enter the licensed premises on the same day he or she is requested to leave.  R.S.O. 1990, c. L.19, s. 34 (6). Section Amendments with date in force (d/m/y) 2004, c. 28, s. 3
- 24/01/2005
34.1 (1) If there are reasonable grounds to believe that this Act or a prescribed provision of the regulations is being contravened on any premises, a police officer may require that all persons vacate the premises.  1994, c. 37, s. 14. Not to remain after being required to leave (1.1) No person shall, (a) remain on the premises after being required to vacate the premises by a police officer under subsection (1); (b) re-enter the premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.  2004, c. 28, s. 4. Non-application of subs. (1) (2) Subsection (1) does not apply in respect of persons actually residing in the premises.  1994, c. 37, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 37, s. 14 - 09/12/1994 2004, c. 28, s. 4 - 24/01/2005
35 (1) The council of a municipality may by by-law designate a recreational area within the municipality that is owned or controlled by the municipality as a place where the possession of liquor is prohibited.  R.S.O. 1990, c. L.19, s. 35 (1). Non-application of subs. (1) (2) A designation under subsection (1) does not prevent the Registrar from issuing any licence or permit under this Act.  R.S.O. 1990, c. L.19, s. 35 (2); 2002, c. 18, Sched. E, s. 7 (3). Unlawful possession (3) No person shall have liquor in a place designated under subsection (1).  R.S.O. 1990, c. L.19, s. 35 (3). Exception to subs. (3) (4) Subsection (3) does not apply to a person in possession of liquor under the authority of a licence or permit or in possession of liquor purchased on premises in respect of which a licence or permit is issued.  R.S.O. 1990, c. L.19, s. 35 (4). Definition (5) In this section, “municipality” includes an upper-tier municipality.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. E, s. 7 (3) - 28/02/2003
36 (1) A police officer who finds a person apparently in contravention of subsection 31 (4) may take the person into custody and, in lieu of laying an information in respect of the contravention, may escort the person to a hospital designated by the regulations. Protection from liability (2) No action or other proceeding for damages shall be instituted against any physician or any hospital or officer or employee of a hospital on the grounds only that the person examines or treats without consent a person who is brought to the hospital under subsection (1).  R.S.O. 1990, c. L.19, s. 36. Exception (3) Subsection (2) does not apply if consent to the examination or treatment is required under the Health Care Consent Act, 1996.  1996, c. 2, s. 69 (1). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 69 (1) - 29/03/1996
37 (1) If it appears that a person in contravention of subsection 31 (4) may benefit therefrom, the court making the conviction may order the person to be detained for treatment for a period of ninety days or such lesser period as the court thinks advisable in an institution designated by the regulations. Idem (2) If, at any time during a person’s period of detention ordered under subsection (1), the superintendent of the institution is of the opinion that further detention in the institution will not benefit the person, the superintendent may release the person.  R.S.O. 1990, c. L.19, s. 37. Consent to treatment (3) An order under subsection (1) does not authorize the administration of a treatment without consent, if consent to the treatment is required under the Health Care Consent Act, 1996.  1996, c. 2, s. 69 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 69 (2) - 29/03/1996
38 (1) No person shall advertise liquor except in accordance with the regulations.  R.S.O. 1990, c. L.19, s. 38 (1). Order of cessation (2) If the Registrar is of the opinion that an advertisement contravenes this Act or the regulations, the Registrar may order the cessation of the use of the advertisement.  2006, c. 34, s. 16 (49). Notice of order (3) The Registrar shall serve notice of an order under subsection (2), together with reasons therefor, on the person to whom the order is directed.  R.S.O. 1990, c. L.19, s. 38 (3); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (50). Notice requiring hearing (4) A notice of an order shall inform the person to whom the order is directed that the person is entitled to a hearing by the Tribunal if the person mails or delivers to the Tribunal and the Registrar, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Tribunal, and the person may so require such a hearing.  2011, c. 1, Sched. 1, s. 6 (33). Commencement of order (5) Unless otherwise provided in the order, an order under subsection (2) takes effect immediately.  R.S.O. 1990, c. L.19, s. 38 (5). Expiry of order (6) If a hearing is required, an order under subsection (2) expires fifteen days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Tribunal may extend the time of expiration until the hearing is concluded.  R.S.O. 1990, c. L.19, s. 38 (6); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (34). Application (7) If the Tribunal is required to hold a hearing under subsection (4), subsections 23 (5), (11) and (12) of this Act and section 5.1 of the Licence Appeal Tribunal Act, 1999 apply with necessary modifications to the hearing.  2011, c. 1, Sched. 1, s. 6 (35). Powers (8) Following a hearing to consider an order under subsection (2), the Tribunal may confirm, vary or rescind the order.  R.S.O. 1990, c. L.19, s. 38 (8); 2002, c. 18, Sched. E, s. 7 (4); 2011, c. 1, Sched. 1, s. 6 (36). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (14) - 22/02/1998 2002, c. 18, Sched. E, s. 7 (4) - 28/02/2003 2006, c. 34, s. 16 (49, 50) - 01/07/2007 2011, c. 1, Sched. 1, s. 6 (33-36) - 01/07/2011
39 The following rules apply if a person or an agent or employee of a person sells liquor to or for a person whose condition is such that the consumption of liquor would apparently intoxicate the person or increase the person’s intoxication so that he or she would be in danger of causing injury to himself or herself or injury or damage to another person or the property of another person: 1. If the person to or for whom the liquor is sold commits suicide or meets death by accident while so intoxicated, an action under Part V of the Family Law Act lies against the person who or whose employee or agent sold the liquor. 2. If the person to or for whom the liquor is sold causes injury or damage to another person or the property of another person while so intoxicated, the other person is entitled to recover an amount as compensation for the injury or damage from the person who or whose employee or agent sold the liquor.  R.S.O. 1990, c. L.19, s. 39.