jswizzle3737/ontario_laws_and_regs huggingface dataset:
61 (1) A police officer or conservation officer may seize anything, including liquor, if he or she reasonably believes, (a)  that the thing will afford evidence of the commission of an offence under this Act; (b)  that, (i)  the thing was used or is being used in connection with the commission of an offence under this Act, and (ii)  unless the thing is seized it is likely that it would continue to be used or would be used again in the commission of an offence under this Act; or (c)  that the thing is proceeds from the commission of an offence under this Act. Liquor in presence of offence (2) If an offence appears to have been committed under this Act, and a police officer or conservation officer reasonably believes, in view of the offence apparently committed and the presence of liquor, that a further offence is likely to be committed, the officer may seize the liquor and the packages in which it is kept.
62 If a police officer or conservation 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 the officer reasonably believes that the name or address given is false, the officer may arrest the person without a warrant. Forfeiture or Restoration
63 A record or other document seized under this Part may be copied and shall be returned within a reasonable time, except if the regulations provide otherwise. Restoration, forfeiture, relief
64 (1) The Ontario Court of Justice may, on the application of any person made within 30 days of a seizure under section 61, order that the things seized be restored without delay to the applicant if the court is satisfied that, (a)  the applicant is entitled to possession of the things seized; (b)  the things seized are not required as evidence in any proceeding; (c)  continued detention of the things seized is not necessary to prevent the commission of an offence; and (d)  it is unlikely that the things will be forfeited on conviction under subsection (4). Same (2) If the court is satisfied that an applicant under subsection (1) is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (1) (b), (c) and (d), it shall order that the things seized be restored to the applicant, (a)  three months after the date of the seizure, if no proceeding in respect of an offence has been commenced; or (b)  on the final conclusion of any such proceeding. Forfeiture without conviction (3) If no application has been made under subsection (1) for the return of a thing seized, or an application has been made but upon the hearing of the application no order for restoration has been made, the thing seized is forfeited to the Crown. Forfeiture upon conviction (4) If a person is convicted of an offence under this Act, the court shall order that anything seized under this Act in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances. Relief against forfeiture (5) Any person with an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers just, including, but not limited to, one or more of the following orders: 1.  An order directing that the thing or any part of the thing be returned to the applicant. 2.  An order directing that any interest in the thing be vested in the applicant. 3.  An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. Where relief is unavailable (6) The court shall not order any relief under subsection (5) unless the court is satisfied that the applicant did not, directly or indirectly, participate in or benefit from any offence in connection with which the thing was seized.
65 Liquor kept or offered for sale in contravention of subsection 2 (1) and liquor purchased in contravention of section 38 is forfeited to the Crown. Obstruction Obstruction
66 (1) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection. Investigations (2) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an investigator executing a warrant under this Act or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant. Part VI   Offences
67 (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 29 (2); (c)  contravenes any provision of this Act or the regulations; or (d)  knowingly possesses the proceeds of an offence under this Act. Director or officer (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.
68 (1) Upon conviction for an offence under this Act, other than a contravention of subsection 33 (1), (2) or (4), (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. Exception (2) An individual who is convicted of an offence under subsection 31 (1) or 41 (1) is not liable to imprisonment.
69 Upon conviction for contravening subsection 33 (1), (2) or (4), (a)  a corporation that is not a licensee is liable to a fine of not less than $200 and not more than $500,000; (b)  an individual that is not a licensee is liable to a fine of not less than $200 and not more than $200,000 or imprisonment for a term of not more than one year, or both; (c)  a corporation that is a licensee is liable to a fine of not less than $1,000 and not more than $500,000, and in addition, in the case of a contravention of subsection 33 (1), the licence shall be suspended for a period of not less than seven days; and (d)  an individual that is a licensee is liable to a fine of not less than $1,000 and not more than $200,000 or to imprisonment for a term of not more than one year, or both, and in addition, in the case of a contravention of subsection 33 (1), the licence shall be suspended for a period of not less than seven days.
70 Despite subsection 64 (4), if a person is convicted of an offence under section 39, all liquor seized from the person under a search warrant in relation to that section is forfeited to the Crown and the court shall impose a penalty, payable to the Consolidated Revenue Fund, of not more than $100 for each litre of liquor forfeited. Note: PART VII (ss. 71-73) OF THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. Part VII   Youth Education, Prevention Programs Youth education, prevention programs 71 (1) The Minister may approve education or prevention programs pertaining to the use of liquor, health and wellbeing, or any other matter that the Minister considers appropriate. Publication (2) The Minister shall maintain a list of the programs on a website of the Government of Ontario. Youth education, prevention program referrals 72 (1) A police officer who has reasonable grounds to believe that a person who is under 19 years of age has contravened subsection 34 (1) or (3) may refer the person to a youth education or prevention program approved under this Part instead of commencing a proceeding under the Provincial Offences Act. 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 34 (1) or (3) of this Act to a youth education or prevention program approved under this Part. Youth education, prevention program as alternative to penalty 73 (1) If an individual is convicted of an offence under subsection 34 (1) or (3), the court may suspend the passing of sentence and, as a condition in a probation order, direct that the individual participate in one or more approved youth education or prevention programs, subject to any conditions or restrictions the court may specify. (2) A condition imposed in a probation order under subsection (1) is in addition to any other condition the court may impose in a probation order under the Provincial Offences Act. Part VIII   Evidence
74 A copy of a record or other thing that purports to be certified by an inspector, investigator or conservation officer as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.
75 A certificate or report that purports to be signed by a chemist designated by the LCBO as to the composition of any liquor or other substance is admissible in evidence 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.
76 In a prosecution for a contravention of clause 33 (1) (b), (2) (b) or (4) (b), the court may determine, from the appearance of the person and from other relevant circumstances, whether a person to whom liquor was served or supplied, a person who was permitted to have or consume liquor or a person who was permitted to use a ferment on premises facility to make beer or wine appears to be under 19 years of age. Part IX   Miscellaneous
77 (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 or any proceeding under this Act; (b)  to an official or employee of the Crown in right of Ontario, the LCBO or the Alcohol and Gaming Commission of Ontario who required it in the course of their duties; (c)  to his or her counsel; or (d)  with the consent of the person to whom the matter relates. FIPPA, third party information (2) Information described in subsection (1) that would reveal the sales of an individual retail store and that is held by an institution is deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to be financial and commercial information supplied in confidence to the institution, and this subsection prevails over the Freedom of Information and Protection of Privacy Act. Testimony in civil proceeding (3) 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. Part X   Regulations and City of Toronto By-Laws
79 (1) The City of Toronto may pass by-laws extending the hours of sale of liquor in all or part of the City by licensees of a licence to operate a liquor consumption premises 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. Effect of by-law (2) A by-law passed under subsection (1) prevails over a regulation. Exception (3) A by-law passed under subsection (1) does not prevail over a condition of a licence or permit. Part XI   Transition
80 A licence or permit issued under the Liquor Licence Act, as it read immediately before it was repealed, or an authorization under the Liquor Control Act, as it read immediately before subsection 20 (2) of Schedule 21 to the Plan to Build Ontario Together Act, 2019 came into force, continues in force in accordance with the regulations.
81 A designation under subsection 43 (1) of the Liquor Licence Act, as it read immediately before it was repealed, continues as a designation under subsection 54 (1) of this Act until it expires or is revoked.
82 (1) A prohibition on the issuance of a licence to sell liquor in a municipality or part of a municipality under the Liquor Licence Act, as it read immediately before it was repealed, continues as a prohibition on the issuance of a licence to operate a liquor consumption premises in the municipality or part of a municipality until the prohibition is lifted. 2020, c. 36, Sched. 26, s. 10. Same (1.1) A prohibition on the establishment of a government store in a municipality or part of a municipality under the Liquor Licence Act, as it read immediately before it was repealed, continues as a prohibition on the operation of a retail store at a premises in the municipality or part of a municipality until the prohibition is lifted. 2020, c. 36, Sched. 26, s. 10. Same (2) A prohibition on the sale of liquor other than beer and wine in licensed premises located in a municipality or part of a municipality under the Liquor Licence Act, as it read immediately before it was repealed, and a deemed condition on a licence that permits only beer and wine to be sold in such a licensed premises, continues until the prohibition is lifted. 2019, c. 15, Sched. 22, s. 82 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 10 - 29/11/2021
83 A by-law passed under subsection 62.1 (1) of the Liquor Licence Act, as it read immediately before it was repealed, continues in force as a by-law under subsection 79 (1) of this Act until it is revoked.
84 The Minister may make regulations governing such transitional matters as the Minister considers necessary or advisable to, (a)  facilitate the implementation of this Act; (b)  deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of any Act by Schedule 22 to the Plan to Build Ontario Together Act, 2019; and (c)  delegate to the LCBO any powers exercised by the LCBO before subsection 20 (2) of Schedule 21 to the Plan to Build Ontario Together Act, 2019 came into force. 85-89 Omitted (amends, repeals or revokes other legislation). 90 (1) Repealed: 2020, c. 36, Sched. 26, s. 13. (2) Omitted (amends, repeals or revokes other legislation). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 13 - 08/12/2020 91-98 Omitted (amends, repeals or revokes other legislation). 99 Repealed: 2020, c. 36, Sched. 26, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 13 - 08/12/2020 100, 101 Omitted (amends, repeals or revokes other legislation). 102 Repealed: 2020, c. 36, Sched. 26, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 13 - 08/12/2020 103-106 Omitted (amends, repeals or revokes other legislation). 107 Omitted (provides for coming into force of provisions of this Act). 108 Omitted (enacts short title of this Act). ______________  Français