61 (1) A person is guilty of an offence if the person, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act; (b) knowingly fails to comply with an order under subsection 38 (2); or (c) contravenes any provision of this Act or the regulations.  R.S.O. 1990, c. L.19, s. 61 (1). Derivative (2) A director or officer of a corporation who caused, authorized, permitted or participated in an offence under this Act by the corporation is guilty of an offence.  R.S.O. 1990, c. L.19, s. 61 (2). Penalties (3) Upon conviction for an offence under this Act, other than a contravention of subsection 30 (1), (2), (3), (4) or (4.1), (a) a corporation is liable to a fine of not more than $250,000; and (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or both.  1997, c. 10, s. 24; 1998, c. 24, s. 14 (1). Same, sale, etc., to a minor (3.0.1) Upon conviction for contravening subsection 30 (1), (2), (3), (4) or (4.1), (a) a corporation is liable to a fine of not more than $500,000; and (b) an individual is liable to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or both.  1997, c. 10, s. 24; 1998, c. 24, s. 14 (2). Exception (3.1) An individual who is convicted of an offence under subsection 31 (2) or (4) is not liable to imprisonment.  1993, c. 31, s. 4. (4) Repealed:  1997, c. 10, s. 24. Forfeiture upon conviction (4.1) Where a person is convicted of a contravention of section 33.1, all liquor found in the person’s possession and seized under the search warrant is forfeited to the Crown.  1994, c. 18, s. 5 (5). Additional penalty (5) In addition to any other penalty or action under this Act, the licence of a licensee who contravenes subsection 30 (1) or (2) shall be suspended for a period of not less than seven days.  R.S.O. 1990, c. L.19, s. 61 (5). Minimum fine (6) If a licensee contravenes subsection 30 (1), (2), (3), (4) or (4.1), the fine imposed under this section shall be not less than $1,000.  R.S.O. 1990, c. L.19, s. 61 (6); 1998, c. 24, s. 14 (3); 2004, c. 28, s. 5 (1). Idem (7) If a person who is not a licensee contravenes subsection 30 (1), (2), (3), (4) or (4.1), the fine imposed under this section shall be not less than $200.  R.S.O. 1990, c. L.19, s. 61 (7); 1998, c. 24, s. 14 (4); 2004, c. 28, s. 5 (2). Limitation (8) Subject to subsection (9), no proceeding under this section shall be commenced more than two years after the offence was committed.  R.S.O. 1990, c. L.19, s. 61 (8). Idem (9) No proceeding under clause (1) (a) and no proceeding under subsection (2) that relates to a matter referred to in clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Registrar.  R.S.O. 1990, c. L.19, s. 61 (9); 2002, c. 18, Sched. E, s. 7 (3). Additional penalty (10) In addition to any other penalty, where a person is convicted of a contravention of section 33.1, the court shall impose a penalty, payable to the Board, of not more than $100 for each litre of liquor that was forfeited under subsection (4.1).  1994, c. 18, s. 5 (8); 2002, c. 18, Sched. E, s. 7 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 61 of the Act is amended by adding the following subsection: (See: 2017, c. 26, Sched. 1, s. 32 (2)) Youth education, prevention program participation (11) Instead of ordering a penalty under this section, the court that convicts a person for contravening subsection 30 (8) or (10) may, as a condition in a probation order or otherwise, make an order requiring the person’s participation in one or more youth education or prevention programs approved under section 62.2, subject to any conditions or restrictions that the court may specify. 2017, c. 26, Sched. 1, s. 32 (2). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 4 - 15/08/1994; 1994, c. 18, s. 5 (5, 8) - 10/12/1999; 1997, c. 10, s. 24 - 26/06/1997; 1998, c. 24, s. 14 (1-4) - 30/03/2000 2002, c. 18, Sched. E, s. 7 (3, 4) - 28/02/2003 2004, c. 28, s. 5 (1, 2)
- 24/01/2005 2017, c. 26, Sched. 1, s. 32 (2) - not in force Regulations