jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) Except under the authority of a licence or permit, no person shall, (a)  keep for sale, offer for sale or sell liquor; (b)  permit individuals to possess or consume open liquor in a public place that has not been designated by a municipality under clause 41 (1) (d); (c)  serve or offer to serve liquor in a public place; (d)  take or solicit orders for the sale of liquor; (e)  deliver liquor for a fee; or (f)  operate a ferment on premises facility. Exception (2) Subsection (1) does not apply to the LCBO or anything done under the authority of the LCBO. Representing manufacturers (3) 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 take or solicit an order for the sale of liquor by a manufacturer unless the person is the holder of a licence to represent the manufacturer. Licences
4 (1) The Registrar may make inquiries and conduct investigations into the character, financial history and competence of the following persons as is necessary to determine whether the applicant for any licence or renewal of a licence meets the requirements of this Act, the regulations and the standards and requirements established by the Registrar under section 24: 1.  The applicant or licensee. 2.  Persons interested in the applicant or licensee. 3.  Persons interested in the premises in respect of which the licence is or would be issued. 4.  A director, officer or shareholder of any such person. 2019, c. 15, Sched. 22, s. 4 (1); 2021, c. 25, Sched. 13, s. 3. Corporations or partnerships (2) If the applicant or licensee is a corporation or partnership, the Registrar may make inquiries into or conduct investigations of, (a)  the applicant or licensee or persons interested in the applicant or licensee; (b)  the directors, officers, shareholders or partners of the applicant or licensee; and (c)  the owner, or persons interested in the owner, of the premises in respect of which the licence is or would be issued. 2019, c. 15, Sched. 22, s. 4 (2). Costs (3) The applicant or licensee shall pay all reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment. 2019, c. 15, Sched. 22, s. 4 (3). Collection of information (4) The Registrar may, (a)  require information or material from any person who is the subject of the inquiries or investigations; and (b)  request information or material from any person who, in the Registrar’s opinion, may be able to provide information or material relevant to the inquiries or investigations. 2019, c. 15, Sched. 22, s. 4 (4). Verification of information (5) The Registrar may require that any information provided under clause (4) (a) be verified by statutory declaration. 2019, c. 15, Sched. 22, s. 4 (5). 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 requests under clause (4) (b). 2019, c. 15, Sched. 22, s. 4 (6). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 13, s. 3 - 29/11/2021
5 In the case of an application for a licence other than a manufacturer’s licence, a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6), the Registrar shall consider the application and may, (a)  approve the application; or (b)  issue a proposal to refuse to issue the licence.
6 (1) In the case of an application for a manufacturer’s licence, the Registrar shall consider the application and may, (a)  approve the application; or (b)  refuse to issue the licence. Decision final (2) For greater certainty, the Registrar’s refusal to issue the manufacturer’s licence is final. Registrar’s response, licence to operate liquor consumption premises or prescribed category or class of licence
8 (1) The Registrar shall issue a licence to an applicant who applies for a licence under section 3 if, (a)  the applicant complies with this Act, the regulations and the standards and requirements established by the Registrar under section 24, is not ineligible to be issued a licence and pays the required fee; and (b)  the Registrar approves the application or the Tribunal directs the Registrar to issue the licence. 2019, c. 15, Sched. 22, s. 8 (1). Limit on further applications (2) If, for the reason described in subsection 3 (6), the issuance of a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is refused, no further application may be made for such a licence for the same premises within two years after the date of the refusal. 2019, c. 15, Sched. 22, s. 8 (2); 2021, c. 25, Sched. 13, s. 5. Exception (3) 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 (2). 2019, c. 15, Sched. 22, s. 8 (3). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 13, s. 5 - 29/11/2021
9 (1) The Board may establish criteria for licensees and licensed premises, based on factors related to risks to the public interest or the risk that the licensee will not comply with this Act, the regulations and the standards and requirements established by the Registrar under section 24. Potential conditions (2) If it has established criteria under subsection (1), the Board may specify conditions that the Registrar may impose under subsection (3) on a licensee’s licence and on a licensed premises. Designations (3) Based on the Registrar’s assessment of risk, the Registrar may designate a licensee and a licensed premises in accordance with the criteria established by the Board and may impose on the licensee’s licence one or more conditions from among those specified by the Board. Redesignations (4) The Registrar may, (a)  redesignate a licensee or a premises if there is a change in circumstances that satisfies the Registrar that the licensee or the premises should be redesignated; and (b)  on redesignation, add, remove or otherwise change the conditions imposed on the licence and premises.
10 (1) A licence is subject to the conditions, (a)  that the Registrar attaches with the applicant’s consent; (b)  that the Registrar attaches under subsection (2); (c)  that the Registrar imposes under subsection 9 (3) or (4); (d)  that the Tribunal imposes; or (e)  that are prescribed. Further conditions (2) The Registrar may, at any time, review a licence and may, (a)  attach any further conditions to which the licensee consents; or (b)  issue a proposal to attach any further conditions that the Registrar considers proper to give effect to the purposes of this Act.
11 (1) On the application of a licensee, the Registrar may remove a condition of the licence that the Registrar has attached or imposed on the licence, if there is a change in circumstances that satisfies the Registrar that the condition is no longer appropriate. Registrar’s response (2) If the Registrar decides not to remove a condition, other than a condition imposed under subsection 9 (3) or (4), the Registrar shall issue a proposal to refuse to remove the condition. Same, Tribunal decision (3) If the Tribunal, on considering a proposal mentioned in subsection (2), is satisfied that there is a change in circumstances justifying the removal of the condition, it may remove the condition; if it decides not to remove the condition, it shall direct that the condition not be removed. Removal of conditions imposed by Tribunal (4) The Tribunal may, on the application of a licensee, remove a condition that the Tribunal has imposed if the Tribunal is satisfied that there is a change in circumstances justifying the removal of the condition, and, if it decides not to remove the condition, it shall direct the Registrar to issue a proposal to refuse to remove the condition.
12 If, within the time prescribed or, if no time is prescribed, before the expiry of a licence, the licensee has applied for renewal of the licence and paid the required fee, the licence continues until, (a)  the renewal is granted; (b)  the time for giving notice requiring a hearing has expired, if the licensee receives a notice of proposal to refuse to grant the renewal and does not require such a hearing; or (c)  the Tribunal’s order has become final, if the licensee receives a notice of proposal to refuse to grant the renewal and does require such a hearing.
13 (1) The Registrar may issue a proposal to refuse to renew a licence or to suspend or revoke a licence if, (a)  the licensee would not be eligible for a licence under subsection 3 (4) or 3 (6) if the licensee were an applicant under section 3; or (b)  the licensee has contravened this Act, the regulations, the standards and requirements established by the Registrar under section 24 or a condition of the licence. 2019, c. 15, Sched. 22, s. 13 (1); 2021, c. 25, Sched. 13, s. 6 (1). Suspension without proposal (2) The Registrar may suspend a licence issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest. 2021, c. 25, Sched. 13, s. 6 (2). Notice and immediate effect (3) The Registrar shall serve notice of a suspension under subsection (2) on the licensee together with written reasons, and the suspension takes effect immediately on the licensee being served. 2021, c. 25, Sched. 13, s. 6 (2). Notice requiring hearing (4) A notice served under subsection (3) shall inform the licensee 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, a notice in writing requiring a hearing by the Tribunal. 2021, c. 25, Sched. 13, s. 6 (2). Hearing (4.1) Section 26 applies with respect to a notice served under subsection (3) in the same way as to a notice of a proposal issued under subsection (1), with necessary modifications. 2021, c. 25, Sched. 13, s. 6 (2). Limit on further applications (4.2) If, for the reason described in subsection 3 (6), the Tribunal directs the Registrar to revoke a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6), the Registrar may propose, on notice to the owner of the property at which the premises is located, that no person may apply for a licence in respect of the same premises within the period of time after the date of the revocation that the Registrar specifies, up to a maximum of two years, if, in the Registrar’s opinion, it is necessary to do so in the public interest. 2021, c. 25, Sched. 13, s. 6 (2). Exception (4.3) If the Tribunal is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Tribunal may permit an application for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) within the period specified by the Registrar under subsection (4.2). 2021, c. 25, Sched. 13, s. 6 (2). Voluntary cancellation (5) The Registrar may cancel a licence if the licensee so requests in writing and surrenders the licence. 2019, c. 15, Sched. 22, s. 13 (5). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 13, s. 6 (1, 2) - 29/11/2021
14 Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or if the licensee changes, no person shall carry on the business under the authority of the licence unless the Registrar transfers the licence in accordance with the regulations. Transfers or consolidations of licence
15 (1) If the regulations permit, a person may apply to the Registrar to transfer a prescribed licence to a different person or location in the prescribed circumstances and the Registrar may, in accordance with the regulations, (a)  approve the application; or (b)  issue a proposal to refuse to transfer the licence. Consolidation (2) The Registrar may consolidate licences to operate a liquor consumption premises in accordance with the regulations. Permits
16 (1) A person may apply to the Registrar for a permit authorizing the sale, service or consumption of liquor, (a)  on a prescribed special occasion; or (b)  for any other prescribed event or temporary activity, which may include an event or activity that takes place wholly or partly online. 2020, c. 36, Sched. 26, s. 3. Requirements (2) An applicant is not eligible for a permit if, (a)  the applicant would not be eligible for a licence to operate a liquor consumption premises for any ground described in subsection 3 (4), except as provided by the regulations; or (b)  the premises in respect of which the permit would be issued is disqualified under section 18.
2021, c. 25, Sched. 13, s. 7 (1). Response (3) The Registrar shall consider an application for a permit and may, (a)  approve the application if the applicant is not ineligible under subsection (2); or (b)  issue a proposal to refuse to issue the permit. 2019, c. 15, Sched. 22, s. 16 (3); 2021, c. 25, Sched. 13, s. 7 (2). Issuance of permit (4) The Registrar shall issue a permit to an applicant if, (a)  the applicant complies with this Act, the regulations and the standards and requirements established by the Registrar under section 24, is not ineligible for a permit and pays the required fee; and (b)  the Registrar approves the application or the Tribunal directs the Registrar to issue the permit. 2021, c. 25, Sched. 13, s. 7 (3). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 3 - 29/11/2021 2021, c. 25, Sched. 13, s. 7 (1-3) - 29/11/2021
17 (1) The Registrar shall not
issue a permit with respect to premises if, (a)  the Registrar has refused to issue a licence to operate a liquor consumption premises on the premises for the reason described in subsection 3 (6) within the past two years or the Tribunal has directed the Registrar to do so within the past two years; or (b)  the Registrar has suspended or revoked a licence to operate a liquor consumption premises on the premises or the Tribunal has directed the Registrar to do so, and the suspension or revocation is still in effect. 2019, c. 15, Sched. 22, s. 17 (1); 2020, c. 36, Sched. 26, s. 4. Exception (2) If the Tribunal is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was refused for the reason described in subsection 3 (6), the Tribunal may direct the Registrar to issue the permit, despite clause (1) (a). 2019, c. 15, Sched. 22, s. 17 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 4 - 29/11/2021
18 (1) The Registrar may issue a proposal to disqualify premises for the purposes of issuing permits on the grounds that a contravention of the law has occurred at a previous event held on the premises. Immediate disqualification (2) If the Registrar issues 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. Time effective (3) An order under subsection (2) to disqualify premises takes effect immediately. Duration of order (4) Subject to subsection (5), an order to disqualify premises shall remain in effect until at least two years have passed since the order and then until the Registrar is of the opinion that the order is no longer required. Expiry of order if hearing, extension (5) If an applicant for a permit requires a hearing, an order to disqualify premises expires 15 days after the date of the notice requiring the hearing unless the hearing is commenced before the order expires, in which case the Tribunal may extend the time of expiration until the hearing is concluded.
19 (1) The Board may establish criteria for permit holders and for the premises in respect of which a permit is issued, based on factors related to risks to the public interest or the risk that the permit holder will not comply with this Act, the regulations and the standards and requirements established by the Registrar under section 24. Potential conditions (2) If the Board has established criteria under subsection (1), the Board may specify conditions that the Registrar may impose under subsection (3) on a permit holder’s permit and on the premises in respect of which the permit is issued. 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 permit one or more conditions from among those specified by the Board.
20 (1) A permit is subject to the conditions that, (a)  the Registrar attaches with the applicant’s consent; (b)  the Registrar attaches under subsection (2); (c)  the Registrar imposes under subsection 19 (3); (d)  the Tribunal imposes; or (e)  are prescribed. Further conditions (2) The Registrar may, at any time, review a permit and may, (a)  attach any further conditions to which the permit holder consents; or (b)  issue a proposal to attach any further conditions that the Registrar considers proper to give effect to the purposes of this Act.
21 (1) On the application of a permit holder, the Registrar may remove a condition of a permit that the Registrar has attached or imposed on the permit if there is a change in circumstances that satisfies the Registrar that the condition is no longer appropriate. Registrar’s response (2) If the Registrar decides not to remove a condition, other than a condition imposed under subsection 19 (3), the Registrar shall issue a proposal to refuse to remove the condition.
22 (1) The Registrar may issue a proposal to revoke a permit if, (a)  the permit holder would not be eligible for a permit if the permit holder were an applicant under section 16; or (b)  the permit holder has contravened this Act, the regulations, the standards and requirements established by the Registrar under section 24 or a condition of the permit. Same (2) If the Registrar issues a proposal to revoke a permit under subsection (1), the Registrar may by order revoke the permit before a hearing if the Registrar considers it to be necessary in the public interest. Time effective (3) An order to revoke a permit under subsection (2) takes effect immediately.
23 (1) An inspector or investigator who reasonably believes that this Act, the regulations or the standards and requirements established by the Registrar under section 24 are being contravened in connection with an event may, by giving a notice of revocation in accordance with subsection (2), revoke a permit issued for an event while the event is under way. Notice of revocation (2) The notice of revocation may be given orally or in writing to the permit holder or to a person the permit holder designated in accordance with the regulations to attend the event in the permit holder’s place. Time effective (3) A notice of revocation under subsection (2) takes effect immediately. Standards and Requirements
24 (1) Subject to any prescribed limitations, the Registrar may establish standards and requirements respecting the following matters relating to the conduct of licensees or permit holders or to the operation of licensed or permitted premises: 1.  Measures related to the responsible sale, wholesale, supply and delivery of liquor under a licence or permit and to the responsible consumption of liquor authorized under a licence or permit. 2.  Measures related to licensed and permitted premises, accommodation, equipment and facilities. 3.  Addressing unlawful activities in licensed or permitted premises. 4.  Advertising and promotional activities. 5.  Training relating to the responsible sale, wholesale, supply and delivery of liquor under a licence or permit and to the responsible consumption of liquor authorized under a licence or permit. 6.  The keeping of records, including financial records. 7.  Any other matter relating to the conduct of licensees and permit holders or to the operation of licensed or permitted premises that may be prescribed. Conflict (2) In the event of a conflict or inconsistency, the regulations prevail over the standards and requirements established under subsection (1) to the extent of the conflict or inconsistency. Publication (3) The Registrar shall publish the standards and requirements on the website of the Alcohol and Gaming Commission of Ontario or by any other method that may be prescribed. Effective date (4) Standards and requirements established under subsection (1) take effect on the date they are published under subsection (3) or on such later date as the Registrar may specify, and the effective date shall be published together with the standards and requirements. Not regulations (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to standards and requirements established under subsection (1). Duty to comply (6) Every licensee and permit holder shall comply with the standards and requirements established under subsection (1). Proposals and Hearings
25 (1) If the Registrar issues a proposal to do any of the following, the Registrar shall serve notice of the proposal, together with written reasons, on the applicant or licensee: 1.  Review whether issuing a licence to operate a liquor consumption premises or other licence of a category or class prescribed for the purposes of subsection 3 (6) is in the public interest. 2.  Refuse to issue, renew or transfer a licence. 2.1  Refuse to grant an endorsement to which subsection 3 (3.1) applies. 3.  Suspend or revoke a licence. 4.  Attach a condition on a licence. 5.  Review a condition of a licence. 6.  Refuse to remove a condition of a licence. 7.  Restrict further applications for a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) in respect of the same premises, as described in subsection 13 (4.2). 2019, c. 15, Sched. 22, s. 25 (1); 2020, c. 36, Sched. 26, s. 5; 2021, c. 25, Sched. 13, s. 8. Same, re permits (2) If the Registrar issues a proposal to do any of the following, the Registrar shall serve notice of the proposal, together with written reasons, on the applicant or permit holder: 1.  Refuse to issue a permit. 2.  Revoke a permit. 3.  Attach a condition on a permit. 4.  Refuse to remove a condition of a permit. 2019, c. 15, Sched. 22, s. 25 (2). Same, re premises (3) If the Registrar issues a proposal to disqualify premises under section 18, the Registrar shall serve notice of the proposal, together with written reasons, on the owner of the premises. 2019, c. 15, Sched. 22, s. 25 (3). 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, a notice in writing requiring a hearing by the Tribunal. 2019, c. 15, Sched. 22, s. 25 (4). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 5 - 29/11/2021 2021, c. 25, Sched. 13, s. 8 - 29/11/2021
26 (1) A person who has received a notice of proposal from the Registrar under subsection 25 (4) is entitled to a hearing by the Tribunal as described in that subsection. 2019, c. 15, Sched. 22, s. 26 (1). Notice of hearing (2) If the person requires a hearing by the Tribunal, the Tribunal shall fix a time and place for the hearing and shall, at least 10 days before the day so fixed, cause notice of the hearing to be served upon the person. 2019, c. 15, Sched. 22, s. 26 (2). Powers of Tribunal (3) After a hearing to consider a proposal to review whether issuing a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is in the public interest, the Tribunal may direct the Registrar to issue the licence or to refuse to issue the licence. 2019, c. 15, Sched. 22, s. 26 (3). Same (4) After a hearing to consider any other proposal described in subsection 25 (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 or to grant an endorsement to which the proposal relates. 2019, c. 15, Sched. 22, s. 26 (4); 2020, c. 36, Sched. 26, s. 6. Conditions (5) After a hearing, the Tribunal may impose any condition on a licence or permit that the Tribunal considers proper to give effect to the purposes of this Act. 2019, c. 15, Sched. 22, s. 26 (5). No hearing (6) If a person who has received a notice of proposal from the Registrar under subsection 25 (4) does not require a hearing by the Tribunal, the Registrar may, (a)  in the case of a notice of a proposal to review whether issuing a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) is in the public interest, refuse to issue the licence; or (b)  in any other case, carry out the proposal stated in the notice. 2019, c. 15, Sched. 22, s. 26 (6). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 6 - 29/11/2021
27 The Tribunal shall not review a decision to refuse to issue a licence to operate a liquor consumption premises or a licence of a category or class prescribed for the purposes of subsection 3 (6) if the decision is based on the reason described in subsection 3 (6). PART III   Liquor Control
28 Liquor is deemed to be an intoxicating liquor for the purposes of the Importation of Intoxicating Liquors Act (Canada).
29 (1) No person shall advertise liquor except in accordance with the regulations, if any, or the standards and requirements established by the Registrar under section 24. Order of cessation (2) If the Registrar determines that an advertisement contravenes the regulations, if any, or the standards and requirements established by the Registrar under section 24, the Registrar may order the cessation of the use of the advertisement. Notice of order (3) The Registrar shall serve notice of an order under subsection (2), together with reasons for it, on the person to whom the order is directed. Notice requiring hearing (4) The notice of order shall inform the person to whom the order is directed that the person is entitled to a hearing by the Tribunal if, within 15 days after the notice is served on the person, the person mails or delivers to the Tribunal and the Registrar a notice in writing requiring a hearing by the Tribunal; if the person does so, the person has that right to a hearing. Time effective (5) Unless otherwise provided in the order, an order under subsection (2) takes effect immediately. Expiry of order if hearing, extension (6) If a person requires a hearing under subsection (4), an order under subsection (2) expires 15 days after the date of the notice requiring the hearing unless the hearing is commenced before the order expires, in which case the Tribunal may extend the time of expiration until the hearing is concluded. Application of other provisions (7) If a person requires a hearing under subsection (4), subsections 26 (2), (4) and (5) of this Act apply with necessary modifications to the hearing, and, for greater certainty, section 5.1 of the Licence Appeal Tribunal Act, 1999 applies to the hearing. Powers of Tribunal (8) Following a hearing to consider an order under subsection (2), the Tribunal may confirm, vary or rescind the order.
30 No manufacturer or employee, agent or licensed representative of a manufacturer shall give any liquor to any person, except in the circumstances that are prescribed or in accordance with the standards and requirements established by the Registrar under section 24.
31 (1) No person shall be in an intoxicated condition in, (a)  a place to which the general public is invited or permitted access; or (b)  any part of a residence that is used in common by persons occupying more than one dwelling in the residence. Arrest without warrant (2) A police officer or conservation officer may arrest without warrant any person who is  contravening subsection (1) if, in the opinion of the officer, it is necessary to do so for the safety of any person.
32 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.
33 (1) No person shall, (a)  knowingly sell or supply liquor to a person under 19 years of age; or (b)  sell or supply liquor to a person who appears to be under 19 years of age. Permitting possession or consumption (2) No licensee or employee or agent of a licensee shall, (a)  knowingly permit a person under 19 years of age to have or consume liquor in the licensee’s licensed premises; or (b)  permit a person who appears to be under 19 years of age to have or consume liquor in the licensee’s licensed premises. Exception (3) Subsection (2) does not prohibit a licensee or employee or agent of a licensee from permitting a person 18 years of age to be in possession of liquor during the course of the person’s employment on the licensee’s licensed premises. Use of ferment on premises facility (4) No licensee of a ferment on premises facility or employee or agent of such a licensee shall, (a)  knowingly permit a person under 19 years of age to use the facility for the making of beer or wine; or (b)  permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine. Reliance on documentation (5) A person who sells or supplies liquor to another person, permits another person to have or consume liquor in licensed premises or permits a person to use a ferment on premises facility to make beer or wine on the basis of documentation of a prescribed type is not in contravention of clause (1) (b), (2) (b) or (4) (b) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the person producing it. Supply by parent (6) This section does not apply to the supplying of liquor to a person under 19 years of age in a residence or in a private place as prescribed by the regulations by a parent of the person or a person having lawful custody of the person. Prohibitions on possession, etc., by persons under 19
34 (1) No person under 19 years of age shall have, consume, attempt to purchase, purchase or otherwise obtain liquor. Exception (2) Subsection (1) does not prohibit a person 18 years of age from being in possession of liquor during the course of the person’s employment on premises in which the sale or service of liquor is authorized. Entering premises (3) No person under 19 years of age shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of persons under 19 years of age. Exception (4) Subsection (3) does not apply to a person 18 years of age who is employed on premises in which the sale or service of liquor is authorized while the person is on the premises during the course of the person’s employment. Supply by parent (5) This section does not apply to the consumption of liquor by a person under 19 years of age who consumes liquor in a residence or in a private place as prescribed by the regulations, if the liquor was provided to the person at that residence or private place by a parent of the person or by a person having lawful custody of the person.
35 For the purpose of attempting to purchase, purchasing or otherwise obtaining liquor, no person shall present as evidence of the person’s age any documentation other than documentation that was lawfully issued to the person.
36 No person shall sell or supply liquor or offer to sell or supply liquor from prescribed premises unless a prescribed sign warning of the dangers of fetal alcohol spectrum disorder is displayed in accordance with the regulations.
37 Subject to the regulations, 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.
38 No person shall purchase liquor except, (a)  from the LCBO or under its authority; (b)  from a person authorized to sell liquor under a licence or permit; or (c)  in accordance with the regulations.
39 (1) No person shall possess liquor unless, (a)  the liquor was purchased from a retail store for an individual’s personal use; (b)  the liquor is possessed under the authority of a licence or permit; (c)  the liquor was manufactured by an individual, in accordance with the law, for that individual’s personal use or for service at an event at which liquor may be served under the authority of a permit; (d)  the liquor was imported into Ontario in accordance with the regulations; or (e)  the liquor is possessed by or under the authority of the LCBO. 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 or at a private place as prescribed by the regulations; or (c)  giving the liquor to another individual as a gift.
40 (1) The council of a local or upper-tier 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. Non-application of subs. (1) (2) A designation under subsection (1) does not prevent the Registrar from issuing a licence or permit. Unlawful possession (3) No person shall have liquor in a place designated under subsection (1). Exception (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.
41 (1) 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 that permits consumption is issued; (c)  a private place as prescribed by the regulations; or (d)  despite any designation of a place made under section 40 and subject to the regulations, a public place designated by a by-law made by the council of a municipality. 2019, c. 15, Sched. 22, s. 41 (1). Exception (2) Subsection (1) does not apply to the possession of liquor that is in a closed container or to samples of liquor provided by a retail store. 2020, c. 36, Sched. 26, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 26, s. 7 - 29/11/2021
42 (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 or if the liquor is, (a)  in a container that is unopened and the seal unbroken; or (b)  packed in baggage that is fastened closed or not otherwise readily available to any person in the vehicle. Search of vehicle (2) A police officer or conservation officer who reasonably believes that liquor is being unlawfully kept in a vehicle may at any time, without a warrant, enter and search the vehicle and search any person found in it.
43 (1) 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 or if the liquor is, (a)  in a container that is unopened and the seal unbroken; or (b)  stored in a closed compartment. Search of boat (2) A police officer or conservation officer who reasonably believes that liquor is being unlawfully kept in a boat may at any time, without a warrant, enter and search the boat and search any person found in it. Definition (3) In this section, “boat” includes any vessel used or designed to be used in the navigation of water.
44 (1) A licensee that has been issued a licence to operate a liquor consumption premises or a permit holder shall ensure that a person does not remain on the premises in respect of which the licence or permit was issued if the licensee or permit holder reasonably believes that the person is, (a)  unlawfully on the premises; (b)  on the premises for an unlawful purpose; or (c)  contravening the law on the premises. Same, use of force (2) The licensee or permit holder or an employee of the licensee or permit holder may require a person described in subsection (1) to leave the premises immediately and if the person does not comply, the licensee, permit holder or employee may remove the person or cause the person to be removed by the use of no more force than is necessary. Compliance (3) If a licensee or permit holder or an employee of the licensee or permit holder requires a person to leave the premises under subsection (2), the person shall not, (a)  remain on the premises; or (b)  re-enter the premises on that day.
45 (1) 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)  require the person to leave the premises; or (b)  forbid the person to enter the premises. Compliance (2) If a licensee or employee of a licensee requires a person to leave the premises under subsection (1), the person shall not, (a)  remain on the premises; or (b)  re-enter the premises on that day.
46 (1) A police officer may order all persons to vacate premises in respect of which a licence to operate a liquor consumption premises or a permit is issued if the officer reasonably believes that a disturbance or breach of the peace sufficient to constitute a threat to public safety is being caused on the premises. Compliance (2) If a police officer orders a person to vacate the premises under subsection (1), the person shall not, (a)  remain on the premises; or (b)  re-enter the premises on that day, unless authorized to re-enter by a police officer. Same, licensee or permit holder (3) The licensee or permit holder in respect of premises that are ordered to be vacated under subsection (1) shall take all reasonable steps to ensure that the premises are vacated.
47 (1) A police officer may order all persons to vacate any premises if the officer reasonably believes that this Act or a prescribed provision of the regulations is being contravened on the premises. Exception (2) Subsection (1) does not apply in respect of persons actually residing in the premises. Compliance (3) If a police officer orders a person to vacate the premises under subsection (1), the person shall not, (a)  remain on the premises; or (b)  re-enter the premises on that day, unless authorized to re-enter by a police officer.
48 (1) A police officer who finds a person apparently in contravention of subsection 31 (1) may take the person into custody and, in lieu of commencing a proceeding under the Provincial Offences Act in respect of the contravention, may escort the person to a prescribed hospital or, if no hospitals are prescribed, to any hospital. 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). Exception (3) Subsection (2) does not apply if consent to the examination or treatment is required under the Health Care Consent Act, 1996.
49 (1) If a court convicts a person of contravening subsection 31 (1) and it appears that it may be beneficial to the person, the court may order the person to be detained for treatment in an institution designated by the regulations for a period of 90 days or such lesser period that the court thinks advisable. Consent to treatment (2) 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. Release (3) 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.
50 (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 1 (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 drug under the Food and Drugs Act (Canada), except a sale that contravenes clause 37 (b) of this Act; or (d)  the sale of a drug to a person allowed, under the Regulated Health Professions Act, 1991, to dispense or prescribe drugs. Same (2) This Act does not prevent the purchase of a drug or medicine pursuant to a sale described in subsection (1).
51 This Act does not prevent the possession, service or consumption of liquor for research or educational purposes as approved by the Registrar in the circumstances that are prescribed. Part IV   Civil Liability
52 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 the person would be in danger of causing injury to themselves 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. Part V   Compliance Youth Compliance Monitors
53 (1) An individual who is a prescribed age under 19 years old may be appointed by the Registrar for the purposes of monitoring compliance with this Act, the regulations and the standards and requirements established by the Registrar under section 24. Authorization to enter, purchase, etc. (2) Subsections 34 (1) and (3) do not apply to an individual referred to in subsection (1) of this section while the individual is performing his or her duties respecting this Act, except with respect to consumption. Inspections
54 (1) The Registrar may designate persons employed by the Alcohol and Gaming Commission of Ontario, or other persons, as inspectors who may carry out inspections for the purpose of ensuring compliance with this Act, the regulations and the standards and requirements established by the Registrar under section 24. 2019, c. 15, Sched. 22, s. 54 (1). Certificate (2) A person designated under subsection (1) who is acting as an inspector shall, on request, produce the certificate of designation. 2022, c. 2, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 9, s. 3 - 03/03/2022
56 (1) The Registrar may appoint any person to be an investigator who may carry out investigations for the purpose of determining whether there has been a contravention of this Act or the regulations. 2019, c. 15, Sched. 22, s. 56 (1). Certificate (2) The Registrar shall issue a certificate of appointment to every person appointed under subsection (1). 2022, c. 2, Sched. 9, s. 6. Proof of appointment (3) A person appointed under subsection (1) who is acting as an investigator shall, on request, produce the certificate of appointment. 2022, c. 2, Sched. 9, s. 6. Police officer powers (4) Every police officer has the powers of an investigator set out in sections 57, 58 and 60. 2022, c. 2, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 9, s. 6 - 03/03/2022
57 (1) On application made without notice by an investigator, a justice of the peace may issue a warrant if satisfied on information under oath that there are reasonable grounds to believe that, (a)  there has been or is likely to be a contravention of this Act or the regulations; or (b)  there is, in any place or conveyance, anything relating to the contravention of this Act or the regulations. Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator to, (a)  enter or access the place or conveyance specified in the warrant and examine and seize anything described in the warrant; (b)  use any data storage, information processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; (c)  require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, information processing or retrieval device or system to produce the information or evidence described in the warrant, in any form; and (d)  use any investigative technique or procedure or do anything described in the warrant. Obligation to produce and assist (3) If an investigator demands that a person produce information or evidence described in the warrant or provide assistance under clause (2) (c), the person shall produce the information or evidence or provide the assistance. Entry of dwelling (4) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place or conveyance used as a dwelling, unless, (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and (b)  the justice of the peace authorizes the entry into the dwelling. Conditions on warrant (5) A warrant obtained under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances. Execution of warrant (6) A warrant issued under this section shall specify the hours and days during which it may be executed. Expiry (7) Unless renewed, a warrant issued under this section expires not later than 30 days after the day on which it is made. Renewal of warrant (8) A warrant under this section may be renewed for any reason for which it may be issued. Assistance of police and experts (9) An investigator acting under the authority of a warrant issued under this section is authorized to call on police officers and experts to assist in the execution of the warrant and to use such force as is necessary in the execution of the warrant.
58 (1) An investigator may exercise any of the powers described in subsection 57 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. Dwellings (2) Subsection (1) does not apply to a place or conveyance or part of a place or conveyance that is actually being used as a dwelling. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. Applicability of s. 57 (4) Subsections 57 (3) and (9) apply with necessary modifications to a search under this section.
60 An investigator who is lawfully present in a place or conveyance pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator reasonably believes will afford evidence relating to a contravention of this Act or the regulations. Other seizure without warrant