jswizzle3737/ontario_laws_and_regs huggingface dataset:
40 (1) This Act does not prevent, (a) the sale of a drug dispensed as a medicine by a person allowed to do so under the Regulated Health Professions Act, 1991; (b) the sale of a drug compounded, dispensed or supplied in and by a hospital or a health or custodial institution approved or licensed under any general or special Act under the authority of a prescriber as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act for a person under health care provided by the hospital or institution; (c) the sale of a medicine registered under the Food and Drugs Act (Canada), except a sale that contravenes clause 33 (b); or (d) the sale of a drug to a person allowed, under the Regulated Health Professions Act, 1991, to dispense or prescribe drugs.  R.S.O. 1990, c. L.19, s. 40 (1); 1998, c. 18, Sched. G, s. 63. Idem (2) This Act does not prevent the purchase of a drug or medicine pursuant to a sale described in subsection (1).  R.S.O. 1990, c. L.19, s. 40 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 63 (1-3) - 01/02/1999
41 This Act does not prevent the possession, service or consumption of liquor for research or educational purposes as approved by the Registrar in accordance with the regulations.  R.S.O. 1990, c. L.19, s. 41; 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (51). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (4) - 28/02/2003 2006, c. 34, s. 16 (51) - 01/07/2007
42 Liquor shall be deemed to be an intoxicating liquor for purposes of the Importation of Intoxicating Liquors Act (Canada).  R.S.O. 1990, c. L.19, s. 42. Compliance
43 (1) The Registrar may designate persons employed by the Alcohol and Gaming Commission of Ontario as persons who may carry out inspections for the purpose of determining whether there is compliance with this Act and the regulations.  2002, c. 18, Sched. E, s. 7 (20). Certificate of designation (2) A person designated under subsection (1) who is exercising a power under this Act shall, on request, produce his or her certificate of designation.  R.S.O. 1990, c. L.19, s. 43 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (20) - 28/02/2003
45 (1) No person shall obstruct a person carrying out an inspection under this Act or withhold, destroy, conceal or refuse to provide any relevant information or thing required for the purpose of the inspection. Facilitating inspection (2) It is a condition of each licence and permit issued under this Act that the licensee or permit holder facilitate an inspection relevant to the licence or permit.  R.S.O. 1990, c. L.19, s. 45.
46 Liquor kept for sale or offered for sale in contravention of subsection 5 (1) and liquor purchased in contravention of section 27 is forfeited to the Crown.  R.S.O. 1990, c. L.19, s. 46. Possession of proceeds
46.1 (1) In this section and in section 47, “proceeds”, in relation to an offence under this Act, means, (a) personal property, other than money, derived in whole or in part, directly or indirectly, from the commission of the offence, and (b) money derived directly or indirectly from the commission of the offence. Possession of proceeds (2) No person shall knowingly possess the proceeds of an offence under this Act.  1994, c. 37, s. 17. Section Amendments with date in force (d/m/y) 1994, c. 37, s. 17 - 09/12/1994 Seizure
48 If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.  R.S.O. 1990, c. L.19, s. 48; 1994, c. 37, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 37, s. 16 - 09/12/1994 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 26, Sched. 1, s. 32 (1)) Youth education, prevention program referrals 48.1 (1) A police officer who has reasonable grounds to believe that a person who is under nineteen years of age has contravened subsection 30 (8) or (10) may refer the person to a youth education or prevention program approved under section 62.2. 2017, c. 26, Sched. 1, s. 32 (1). Same (2) A prosecutor may, in exercising a power to stay a proceeding under subsection 32 (1) of the Provincial Offences Act or a right to withdraw a charge, refer a person who is charged with a contravention of subsection 30 (8) or (10) of this Act to a youth education or prevention program approved under section 62.2. 2017, c. 26, Sched. 1, s. 32 (1). Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 1, s. 32 (1) - not in force
49 (1) Every person engaged in the administration of this Act shall preserve confidentiality in respect of all matters that come to his or her knowledge in the course of his or her duties and shall not communicate any such matter to any other person except, (a) as may be required in connection with the administration of this Act and the regulations or any proceeding under this Act; (b) to his or her counsel; or (c) with the consent of the person to whom the matter relates. Testimony in civil proceeding (2) No person engaged in the administration of this Act shall be required to give testimony in any civil proceeding with regard to information obtained by the person in the course of the person’s duties except in a proceeding under this Act.  R.S.O. 1990, c. L.19, s. 49. 50 Repealed:  1996, c. 26, s. 3 (15). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (15) - 22/02/1998
51 A certificate or report purporting to be signed by a federal or provincial analyst as to the composition of any liquor or any other substance is admissible in evidence in any proceeding under this Act, and in the absence of evidence to the contrary, is proof of the information set out in the certificate or report and of the authority of the person giving it or making it, without proof of the appointment or signature of the person.  1998, c. 18, Sched. E, s. 175. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 175 - 18/12/1998 Local Option
52 (1) Subject to section 53 and the regulations, no licence to sell liquor may be issued for premises in a municipality or part thereof in which the sale of liquor under a licence was prohibited under the law as it existed immediately before the 15th day of September, 1990. Idem (2) Subject to section 53 and the regulations, no government store may be established in a municipality or part thereof in which the sale of liquor in a government store was prohibited under the law as it existed immediately before the 15th day of September, 1990. Exception (3) Despite subsection (2), government stores may be established in a municipality or part thereof in which it is lawful to issue licences to sell liquor. Idem (4) Despite subsections (1) and (2), (a) a government store established before the 1st day of January, 1990 shall be deemed to have been lawfully established; and (b) a licence to sell liquor issued before the 1st day of January, 1990 shall be deemed to have been lawfully issued. Sale of beer and wine only (5) Subject to section 53 and the regulations, in a municipality or part thereof in which, under the law as it existed immediately before the 15th day of September, 1990, the sale of beer and wine only was permitted in licensed premises, a licence to sell liquor shall be deemed to contain a condition that beer and wine only may be sold in the licensed premises.  R.S.O. 1990, c. L.19, s. 52.
53 (1) The council of a municipality may submit to a vote one or more of the prescribed questions respecting the authorization of the sale of liquor in the municipality. Idem (2) The council of a municipality shall submit to a vote such prescribed questions respecting the authorization of the sale of liquor in the municipality as are requested by a petition signed by at least 25 per cent of the persons appearing on the list of electors, as revised, prepared for the previous municipal election. Establishing stores (3) Government stores may be established in a municipality in which 60 per cent of the electors voting on a question vote in favour of the sale of liquor in government stores. Issuing licences (4) Licences to sell liquor may be issued for premises in a municipality in which 60 per cent of the electors voting on a question vote in favour of the sale of liquor in licensed premises.  R.S.O. 1990, c. L.19, s. 53.
54 (1) The council of a municipality in which a government store is established or liquor is authorized to be sold under a licence may submit to a vote one or more of the prescribed questions respecting the prohibition of the sale of liquor in the municipality. Idem (2) The council of a municipality shall submit to a vote such prescribed questions respecting the prohibition of the sale of liquor in the municipality as are requested by a petition signed by at least 25 per cent of the persons appearing on the list of electors, as revised, prepared for the previous municipal election. Closing stores (3) If 60 per cent of the electors voting on a question vote in favour of prohibiting the sale of liquor in government stores, all government stores established in the municipality shall be closed as of the 31st day of March in the following year. Revoking licences (4) If 60 per cent of the electors voting on a question vote in favour of prohibiting the sale of liquor in licensed premises, all licences to sell liquor issued for premises in the municipality shall be deemed to be revoked as of the 31st day of March in the following year. No right to a hearing (5) Sections 15 and 21 do not apply where a licence is deemed to be revoked under subsection (4).  R.S.O. 1990, c. L.19, s. 54.
55 (1) Subject to subsection (2), the day fixed for taking a vote on any question under section 53 or 54 shall be voting day in the next regular election under the Municipal Elections Act, 1996, unless the council, with the approval of the Board, fixes another day and notifies the clerk of the municipality.  1996, c. 32, s. 73 (1); 2002, c. 18, Sched. E, s. 7 (4). Idem (2) A vote shall not be held on any question until after sixty days from, (a) the filing of the petition requiring the question to be submitted; or (b) the date the council approves the submission of the question, if the council submits the question without a petition.  R.S.O. 1990, c. L.19, s. 55 (2); 1996, c. 32, s. 73 (2). Section Amendments with date in force (d/m/y) 1996, c. 32, s. 73 (1, 2) - 19/12/1996 2002, c. 18, Sched. E, s. 7 (4) - 28/02/2003
56 The persons eligible to vote on a question under section 53 or 54 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 on the day fixed for taking the vote on the question.  R.S.O. 1990, c. L.19, s. 56; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
57 The provisions of the Municipal Elections Act, 1996 apply to the taking of a vote under this Act.  R.S.O. 1990, c. L.19, s. 57; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
58 (1) The returning officer shall make a return to the Registrar showing the number of votes polled for the affirmative and negative on each question submitted.  R.S.O. 1990, c. L.19, s. 58 (1); 2002, c. 18, Sched. E, s. 7 (3). Idem (2) Upon receiving the return, the Registrar shall give notice of the return in The Ontario Gazette, showing the total number of votes polled in the municipality for the affirmative and negative on each question.  R.S.O. 1990, c. L.19, s. 58 (2); 2002, c. 18, Sched. E, s. 7 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 7 (3) - 28/02/2003
59 If a question under section 53 or 54 is submitted for a vote in a municipality or part thereof, no further vote may be held in the municipality or part on any question under section 53 or 54 until after thirty-five months from the date of the vote on the question.  R.S.O. 1990, c. L.19, s. 59. Municipal restructuring
60 (1) The status under this Act of a municipality that is amalgamated with another municipality that has a different status, (a) is not affected by the amalgamation; and (b) may be changed only by a vote under this Act in the municipality amalgamated.  R.S.O. 1990, c. L.19, s. 60 (1); 1996, c. 26, s. 3 (16). Annexation does not affect status (2) The status under this Act of a municipality or part of a municipality that is annexed to another municipality that has a different status, (a) is not affected by the annexation; and (b) may be changed only by a vote under this Act in the municipality or part annexed.  R.S.O. 1990, c. L.19, s. 60 (2). Who may sign petition (3) In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons qualified to sign a petition under section 53 or 54 are the persons whose names appear on the list of electors, as revised, prepared for the previous municipal election held in the municipality amalgamated or municipality or part annexed, as the case may be.  R.S.O. 1990, c. L.19, s. 60 (3); 1996, c. 26, s. 3 (16). Who may vote (4) In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons eligible to vote on a question under section 53 or 54 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 in the municipality amalgamated or municipality or part annexed, as the case may be.  R.S.O. 1990, c. L.19, s. 60 (4); 1996, c. 26, s. 3 (16); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (16) - 06/03/1997 2002, c. 17, Sched. F, Table - 01/01/2003 Offences
62.1 (1) The City of Toronto may pass by-laws extending the hours of sale of liquor in all or part of the City by the holders of a licence and a by-law may authorize a specified officer or employee of the City to extend the hours of sale during events of municipal, provincial, national or international significance.  2006, c. 11, Sched. B, s. 8 (2). Effect of by-law (2) A by-law passed under subsection (1) prevails over a regulation made under paragraph 18 or 19 of subsection 62 (1).  2006, c. 11, Sched. B, s. 8 (2). Exceptions (3) A by-law passed under subsection (1) does not prevail over a condition that is imposed by the Registrar under subsection 8 (3), 14 (1) or 17 (5), a condition that is imposed under subsection 9 (6), 12 (2), 17 (7) or 23 (11) or (12) or a condition that is consented to by an applicant or licensee under subsection 12 (2) or 17 (7).  2011, c. 1, Sched. 1, s. 6 (38). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 8 (2) - 01/01/2007; 2006, c. 32, Sched. D, s. 7 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016 2011, c. 1, Sched. 1, s. 6 (38) - 01/07/2011; 2011, c. 1, Sched. 1, s. 6 (39) - no effect - see 2006, c. 32, Sched. D, s. 7 (2) - Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016 Miscellaneous Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section immediately after the heading “Miscellaneous”: (See: 2017, c. 26, Sched. 1, s. 32 (3)) Youth education, prevention programs Approval 62.2 (1) The Minister responsible for the administration of this Act may approve education or prevention programs pertaining to the use of liquor, health and wellbeing, or any other matter the Minister considers appropriate, for the purposes of section 48.1 and subsection 61 (11). 2017, c. 26, Sched. 1, s. 32 (3). Publication (2) The Minister responsible for the administration of this Act shall maintain a list of the programs approved under subsection (1) on a publicly accessible Government of Ontario website. 2017, c. 26, Sched. 1, s. 32 (3). Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 1, s. 32 (3) - not in force
63 (1) A licence under a predecessor to this Act continues in force until it expires or is earlier revoked or suspended. Idem, permit (2) A permit under a predecessor to this Act continues in force until it expires or is earlier revoked. Idem, registration (3) A registration as an agent or representative of a manufacturer under a predecessor to this Act continues in force until it expires or is earlier revoked or suspended.  R.S.O. 1990, c. L.19, s. 63 (1-3). (4) Repealed:  1996, c. 26, s. 3 (18). Section Amendments with date in force (d/m/y) 1996, c. 26, s. 3 (18) - 22/02/1998 ______________  Français