jswizzle3737/ontario_laws_and_regs huggingface dataset:
Labels
 135. (1) In this section, “spirits term” means the words “brandy”, “cognac”, “gin”, “grappa”, “liqueur”, “marc”, “mescal”, “pisco”, “pomace”, “rhum”, “rum”, “tequila”, “vodka”, “whisky” or any variation of those words that has the same meaning. (2) A holder of a brewery licence shall affix a label to each container showing the nature of the contents, the name of the licensee and the place where the beer was brewed. (3) For the purpose of subsection (2), the nature of the contents of the container must be designated by the words “beer”, “bière”, “ale”, “stout”, “porter” or “lager”. (4) A holder of a brewery licence or a winery licence shall not use a spirits term on labels, packaging or containers of beer or wine sold or kept for sale in Ontario or in any advertising material for such liquor. (5) Despite subsection (4), a holder of a brewery licence or a winery licence may, (a) include a factual statement describing the aging of beer or wine in a spirits barrel on a label, container, package, or in advertising material, if such aging has taken place; or (b) use a spirits term on labels, packaging or containers of liquor kept for sale or sold in Ontario or in any advertising material for such liquor if the licensee satisfies the Registrar that the use of the term, (i) is necessary to provide full and accurate information to the public about the character or attributes of the liquor, (ii) would not contravene any requirement or restriction in the laws of Ontario or the laws of Canada applicable to Ontario or any international trade agreement to which Canada is a signatory, and (iii) is not contrary to the public interest.
Sale of beer under brewery licence
 136. (1) Subject to subsection (2), the holder of a brewery licence shall not sell beer in Ontario unless the sale is, (a) to the LCBO or to the holder of the Brewers Retail Inc. licence; (b) a retail sale to the public through retail stores operated by the holder of the Brewers Retail Inc. licence; (c) made to holders of a licence to operate a liquor consumption premises through the holder of the Brewers Retail Inc. licence or in accordance with subsection (3); (d) to the public under an endorsement to the licence; or (e) for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling). (2) A licensee may sell a beverage other than beer in accordance with the conditions set out in clause (1) (a), (b) or (c) if the beverage contains, (a) beer; and (b) alcohol that, (i) was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and (ii) does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume. (3) The licensee may sell beer directly to holders of a liquor sales licence. (4) A licensee that produces more than 150,000 hectolitres of beer in a production year may not sell more than 150,000 hectolitres of beer in a production year under subsection (3).
Sale of spirits under distillery licence
 137. The holder of a distillery licence shall not sell spirits in Ontario unless the sale is, (a) to the LCBO; (b) to the public under an endorsement to the licence; or (c) a sale for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling).
Sale of wine under winery licence
 138. (1) The holder of a winery licence shall not sell wine in Ontario unless the sale is, (a) to the LCBO; (b) to the public under an endorsement to the licence or under an offsite winery retail store licence; or (c) a sale for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling). (2) The licensee shall not sell wine in Ontario unless the wine meets any of the following conditions: 1. The wine is Ontario wine. 2. The wine is produced by the complete or partial alcoholic fermentation of fresh grapes, or of products derived solely from fresh grapes, or both, and the wine meets the following conditions: i. The wine is manufactured in Ontario from a mixture of imported grapes or grape product and Ontario grapes or grape product. ii. The wine is made from not less than 25 per cent of grapes grown in Ontario or grape product produced from such grapes to which no water has been added at any time. iii. If water is added to the grapes or grape product from which the balance of the wine is derived, the volume of the balance of the wine as measured on November 30 in the winemaking year in which the wine is manufactured must not exceed 902 litres per one tonne of grapes. iv. No labrusca grapes or grape product derived from such grapes must be used in the manufacture of the wine, unless the wine has an alcohol content of more than 6.5 per cent but less than 8.5 per cent by volume or is fortified wine. 3. The wine is sake and the full sake-making process occurs in Ontario, including all of the following steps: i. Rice milling. ii. Rice washing. iii. Rice steeping. iv. Rice steaming. v. Koji making. vi. Fermentation. vii. Filtration. viii. Pasteurization. (3) The licensee shall not sell wine in Ontario to which distillate of cereal grains has been added unless the distillate is made from cereal grains grown in Ontario and the wine has an alcohol content of at least 14 per cent alcohol by volume. (4) If wine sold by the licensee in Ontario has an alcohol content of more than 7 per cent but less than 14 per cent by volume and is manufactured in any part from labrusca grapes, the label on each container of the wine shall indicate that the wine contains native North American variety grapes.
Sale for purpose of sampling
 139. The licensee may offer for sale or sell liquor to a person if, (a) the purpose of the sale is to have the person sample a brand or product of the licensee at a retail store; and (b) the price at which a sample of the liquor is sold remains proportionately below the retail price of that liquor in retail stores.
Distribution
 140. (1) Subject to subsection (3), a licensee may distribute its liquor or the liquor of another manufacturer to a person if the liquor was purchased from the LCBO or a person authorized to sell the liquor under the Act. (2) A licensee may enter into an agreement or arrangement with another person to distribute the liquor under subsection (1) on behalf of the licensee. (3) Before January 1, 2026, beer may be distributed in accordance with this section only if the conditions set out in section 141 (Distribution of beer) are met.
Brewery Retail Store Endorsements, Distillery Retail Store Endorsements and Winery Retail Store Endorsements
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Application
 142. It is a condition of every brewery retail store endorsement, distillery retail store endorsement and winery retail store endorsement that the licensee comply with sections 143 to 144.
Availability of liquor
 143. The licensee shall ensure that liquor is only available to customers between the hours of 7 a.m. and 11 p.m. on any day.
By-the-Glass Endorsements
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Application
 145. It is a condition of every manufacturer’s licence to sell with a by-the-glass endorsement that the licensee comply with sections 146 to 148.
Compliance with other conditions
 146. (1) Subject to subsections (2) to (5), the licensee shall comply with all of the conditions in Part III (Licences to Operate a Liquor Consumption Premises) that apply to liquor sales licences, including the conditions that apply to all licences to operate a liquor consumption premises. O. Reg. 746/21, s. 146 (1). (2) Subsection 22 (1) (No benefits from manufacturers) does not apply to the licensee. O. Reg. 746/21, s. 146 (2). (3) Section 31 (Hours of sale and service) does not apply to the licensee, and instead section 147 applies. O. Reg. 746/21, s. 146 (3). (4) Revoked: O. Reg. 352/22, s. 10. (5) Section 36 (Variety of liquor products and brands) does not apply to the licensee. O. Reg. 746/21, s. 146 (5).
By-the-glass hours of sale and service
 147. The licensee may only sell or serve liquor under the authority of the by-the-glass endorsement between the hours of 9 a.m. and midnight.
By-the-glass prohibitions on sale, storage, etc.
 148. The licensee may not keep for sale, sell or serve liquor unless the liquor was, (a) manufactured by the licensee; or (b) transferred to the licensed premises from a tied house that is operated under a liquor sales licence held by the licensee in accordance with the conditions set out in subsection 35 (3) (Prohibitions on sale, storage, etc.). Caterer’s Endorsements
Compliance with other conditions
 148.1 It is a condition of every manufacturer’s licence to sell with a caterer’s endorsement that the licensee comply with, (a) sections 60 to 63, other than subsection 61 (4), with necessary modifications; and (b) sections 146 to 148, with necessary modifications. O. Reg. 352/22, s. 11. Temporary Extension Endorsements
Temporary Extension Endorsements
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Application
 149. It is a condition of every manufacturer’s licence to sell with a temporary extension endorsement that the licensee comply with section 150 in respect of sales at, (a) a farmers’ market; or (b) premises for which a permit has been issued for an industry promotional event.
Operation of temporary extension at farmers’ market or promotional event
 150. (1) The licensee may operate a temporary extension of their retail store at a farmers’ market or industry promotional event and shall comply with all of the conditions and requirements that apply to the retail store in operating the temporary extension. (2) The temporary extension is deemed to be part of the licensee’s retail store for the purposes of complying with any of the conditions and requirements set out in this Part. (3) The licensee shall not sell liquor at a farmers’ market or industry promotional event if the municipality, if any, in which the farmers’ market or industry promotional event is located has advised the Registrar in writing that it objects to the sale of liquor at the farmers’ market or industry promotional event. (4) The Registrar shall advise licensees of any objection by a municipality made under subsection (3). (5) The licensee shall provide the Registrar with advance notice of the location and intended dates for the sale of liquor at the farmers’ market or industry promotional event, as required by the Registrar. (6) The licensee shall only conduct sales during the hours of the farmers’ market or industry promotional event. (7) The licensee shall offer liquor for sale at a particular farmers’ market for no more than three days in any given week. (8) The licensee shall offer liquor for sale at a particular industry promotional event for no more than 10 consecutive days. (9) The licensee may only sell the following: 1. In the case of an extension of a winery retail store, Ontario wine, except for Ontario wine that is produced using any combination of the concentrated juice of apples that were not all grown in Ontario. 2. In the case of an extension of a distillery retail store, spirits, if at least 50 per cent of the volume of spirits in the container holding them is made, from start to finish, at a production site in Ontario. 3. In the case of an extension of a brewery retail store, beer, if the full brewing process takes place at the production site in Ontario. (10) The licensee shall ensure that liquor offered for sale at the farmers’ market or industry promotional event that is not sold is returned to the licensee’s retail store within 72 hours from the time the farmers’ market closes or the industry promotional event ends. (11) If the Registrar determines that all or a substantial number of the products sold or offered for sale at a farmers’ market are liquor, (a) the Registrar shall notify any licensees who operate at the farmers’ market of the determination; and (b) on receipt of the Registrar’s notice, the licensees are no longer authorized to operate at the farmers’ market until the Registrar rescinds their determination. Delivery Endorsements
Delivery Endorsements
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Application
 151. It is a condition of every manufacturer’s licence to sell with a delivery endorsement that the licensee comply with section 152.
Compliance with conditions on licences to deliver
 152. The licensee shall comply with all of the conditions in Part VI (Licences to Deliver) that apply to licences to deliver. Part X   physical extensions of Licensed Premises
PART X PHYSICAL EXTENSIONS OF LICENSED PREMISES
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Temporary indoor physical extensions
 153. (1) The Registrar may approve a temporary indoor physical extension that is adjacent to premises to which a liquor sales licence applies for the period specified by the Registrar. O. Reg. 352/22, s. 12 (2). (2) The Registrar may approve a temporary indoor physical extension that is immediately adjacent to premises to which a by-the-glass endorsement applies for the period specified by the Registrar. O. Reg. 352/22, s. 12 (2). (3) Revoked: O. Reg. 352/22, s. 12 (3).
Temporary outdoor physical extensions, on reserve by council of the band
 153.3 (1) During any period in which subsection 153.2 (8) applies, the council of the band may, if the requirements in subsection (2) are met, approve the temporary outdoor physical extension of a premises described in subsections 153.2 (2) and (3) on the reserve instead of the Registrar. O. Reg. 352/22, s. 12 (2). (2) The following requirements are specified for the purposes of subsection (1): 1. The council of the band has provided for licensees to apply for or otherwise obtain an approval of a temporary outdoor physical extension on the reserve. 2. The requirements listed in paragraphs 2 to 6 of subsection 153.1 (3). O. Reg. 352/22, s. 12 (2). (3) For the purposes of subclause 153.2 (8) (b) (ii), the council of the band may exercise its powers under this section with respect to existing temporary outdoor physical extensions on the reserve approved under subsection 153.2 (2) or (3) regardless of whether the requirement in paragraph 1 of subsection (2) of this section is met. O. Reg. 352/22, s. 12 (2). (4) The council of the band shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2). (5) An approval may be granted under subsection (1) with respect to one or more calendar years, as specified by the council of the band. O. Reg. 352/22, s. 12 (2). (6) The council of the band may, at the time of approval or at any time during the period of an approved temporary outdoor physical extension, specify conditions to which the approval is subject. O. Reg. 352/22, s. 12 (2). (7) A council of the band may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2). (8) A licensee who obtains approval for a temporary outdoor physical extension under this section, or whose approved temporary outdoor physical extension becomes subject to this section, shall notify the Registrar in accordance with the following requirements, as applicable: 1. In the case of an approval under this section, the licensee shall, before selling or serving liquor on the extension, notify the Registrar of the approval, any conditions to which the approval is subject under subsection (6) and the duration of the approved temporary outdoor physical extension. 2. A licensee whose approval is suspended or withdrawn shall immediately notify the Registrar of the suspension or withdrawal. 3. A licensee whose approval becomes subject to a condition under subsection (6) after the time of the approval shall immediately notify the Registrar of the imposition of the condition. 4. A notification under this subsection shall be given in the form and manner specified by the Registrar. O. Reg. 352/22, s. 12 (2). (9) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection 153.1 (3) continue to be met for the duration of the approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).
Temporary outdoor physical extensions, unorganized territory
 153.4 (1) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3) are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a liquor sales licence applies, (a) that is adjacent to the premises; or (b) in the case of a premises that is a boat, that consists of, (i) a specified portion of a dock to which the boat is attached that is secured or affixed to land, and (ii) a specified portion of the land to which the dock is secured or affixed. O. Reg. 352/22, s. 12 (2). (2) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3)  are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a by-the-glass endorsement applies that is immediately adjacent to the premises. O. Reg. 352/22, s. 12 (2). (3) The Registrar shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2). (4) An approval may be granted under subsection (1) or (2) with respect to one or more calendar years, as specified by the Registrar. O. Reg. 352/22, s. 12 (2). (5) The Registrar may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2).
Effect of approved extension
 153.5 For greater certainty, an approved temporary indoor or outdoor physical extension forms part of a licensed premises for its duration, and any conditions to which the licence is subject apply with respect to the extension, in addition to, in the case of an outdoor physical extension, any conditions to which the approval of the extension is subject under section 153.1 or 153.3. O. Reg. 352/22, s. 12 (2). Part XI   Licence Transfers
PART XI LICENCE TRANSFERS
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Changes requiring transfer of licence
 154. (1) For the purposes of section 14 of the Act, no licensee that has undergone any of the following changes shall carry on their business under the authority of the licence unless the Registrar transfers the licence in accordance with this section: 1. An individual becomes or ceases to be an officer or director of, i. a licensee that is a corporation, or ii. a corporation that effectively controls the activities authorized under the licence. 2. A person becomes or ceases to be a partner of a licensee that is a partnership. 3. A person or partnership acquires a beneficial interest in the licensed business, including acquiring shares of a licensee that is a corporation or of a corporation that effectively controls the business, that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation. 4. A person or partnership other than the licensee becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the activities authorized under the licence. (2) The licence transfer described in subsection (1) is not required for a licence to operate a retail store. (3) Despite paragraphs 1 and 2 of subsection (1), a licensee that gives the Registrar notice of the following change within 30 days after it occurs may continue to engage in activities authorized under the licence without requiring a licence transfer: 1. An individual ceases to be an officer or director of a licensee that is a corporation. 2. A partner ceases to be a partner in a partnership that is a licensee. (4) Subject to subsection (5), the Registrar shall consider an application for the transfer of a licence described in subsection (1) and approve the transfer if, (a) the person to whom the licence would be transferred complies with the Act and the regulations and pays the required fee; (b) the Registrar approves the application, or the Tribunal directs the Registrar to transfer the licence; and (c) the person to whom the licence would be transferred consents to any conditions specified by the Registrar that are to be attached to the licence. (5) The Registrar shall not transfer a licence in accordance with this section if the recipient of the licence transfer would not be eligible to be issued the licence under subsection 3 (4) of the Act and under this Regulation.
Transfers of licences to different location
 156. (1) The following licence types are prescribed for the purposes of subsection 15 (1) of the Act as being eligible to be transferred to a different location by the Registrar in accordance with this section: 1. A beer and wine grocery store licence. 2. A beer and cider grocery store licence. 3. An offsite winery retail store licence. (2) Subject to subsection (3), the Registrar shall consider an application for the transfer of a licence described in subsection (1) to a different location and approve the transfer if, (a) the licensee complies with the Act and the regulations and pays the required fee; (b) the Registrar approves the application, or the Tribunal directs the Registrar to transfer the licence; (c) the licensee consents to any conditions specified by the Registrar that are to be attached to the licence; (d) the premises, accommodation, equipment and facilities at the new location would not make the licensee ineligible for a licence under clause 3 (4) (f) of the Act; and (e) the Registrar has not issued a proposal to suspend or revoke the licence. (3) The Registrar shall not transfer a beer and wine grocery store licence or a beer and cider grocery store licence to a different location in accordance with this section unless, (a) the transfer is to an eligible grocery store in a different location in the same geographic region as the store to which the licence applies; (b) the eligible grocery store is not located within five kilometres of an agency store; and (c) any of the following criteria are satisfied: (i) both stores have the same operator, (ii) the operators of the stores are affiliated, (iii) the stores are part of the same franchise system.
Temporary contracting out for purpose of licence transfer to different person
 157. (1) Despite section 12 (No contracting out operations), a licensee, other than the holder of a manufacturer’s licence to sell, may contract out the operation of the business to another person who is applying to receive the transfer of the licence if, (a) a proposal has not been issued to suspend or revoke or refuse to renew the licence; (b) no monetary penalty imposed under subsection 14.1 (2) of the Liquor Tax Act, 1996, as it read at the time, or under subsection 14 (5) of the Alcohol and Gaming Commission of Ontario Act, 2019 is outstanding against the current holder of the licence; (c) the person has filed an application for transfer of the licence with the Registrar and has paid the required fee; and (d) the licensee has signed an authorization for the applicant to operate the business and has filed the authorization with the Registrar. (2) The licensee remains liable under the licence during the period for which the operation of the business has been contracted out. (3) The ability to contract out the operation of the business expires, (a) on the issuance of the transfer of the licence; or (b) on the issuance of a notice of proposal to refuse the transfer.
Licences continue to be subject to previous conditions
 158. A licence transferred in accordance with this Part is subject to the same conditions to which it was subject immediately before the transfer, including any conditions attached by the Registrar or imposed by the Tribunal. Part XII   Local Option
PART XII LOCAL OPTION
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Prohibited areas
 159. (1) No licence to operate a liquor consumption premises may be issued, and no by-the-glass endorsement may be granted, 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 day subsection 2 (1) of the Act comes into force. (2) No retail store may be operated 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 day subsection 2 (1) of the Act comes into force. (3) Despite subsection (2), retail stores may be established in a municipality or part thereof in which it is lawful to issue licences to operate a liquor consumption premises. (4) Despite subsections (1) and (2), (a) a retail store operated immediately before the day subsection 2 (1) of the Act comes into force shall be deemed to be operated in compliance with this section; and (b) a licence that was issued before the day subsection 2 (1) of the Act comes into force and that was continued as a licence to operate a liquor consumption premises or that was continued as a manufacturer’s licence to sell with a by-the-glass endorsement shall be deemed to have been issued in compliance with this section. (5) Subject to section 160, in a municipality or part thereof in which, under the law as it existed immediately before the day subsection 2 (1) of the Act comes into force, only the sale of beer and wine was permitted in licensed premises, a licence to operate a liquor consumption premises shall be deemed to contain a condition that liquor other than beer and wine shall not be sold in the licensed premises.
Local option to authorize sale
 160. (1) The council of a municipality described in subsection 159 (1) or (2) may submit to a vote one or more of the questions set out in subsection (3) of this section respecting the authorization of the sale of liquor in the municipality. (2) The council of a municipality shall submit to a vote the questions set out in subsection (3) 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 voters’ list, as revised, prepared for the previous municipal election. (3) The questions referred to in subsections (1) and (2) are the following: 1. Are you in favour of the sale of liquor in retail stores? 2. Are you in favour of the sale of liquor for consumption on the premises where it is sold? 3. Shall the municipality continue to prohibit the sale of spirits for consumption on the premises where it is sold? (4) Despite subsection 159 (2), retail stores may be operated in a municipality described in that subsection if 60 per cent of the electors voting on a question vote in favour of the sale of liquor in retail stores. (5) Despite subsection 159 (1), licences to operate a liquor consumption premises may be issued, and by-the-glass endorsements may be granted, to premises in a municipality described in that subsection if 60 per cent of the electors voting on a question vote in favour of the sale of liquor for consumption on the premises where it is sold. (6) Despite anything else in this Regulation, licensees are not authorized to sell spirits for consumption in premises in a municipality if 60 per cent of the electors voting on a question vote in favour of continuing to prohibit the sale of spirits for consumption. (7) Subsection (6) does not apply if, in a subsequent vote, 60 per cent of the electors voting on a question vote against continuing to prohibit the sale of spirits for consumption in the municipality.
Voting day
 161. (1) Subject to subsection (2), the day fixed for taking a vote on any question under section 160 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. (2) A vote shall not be held on any question until after 60 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.
Eligible voters
 162. The persons eligible to vote on a question under section 160 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.
Municipal Elections Act, 1996 applies
 163. The provisions of the Municipal Elections Act, 1996 apply to the taking of a vote under this Part.
Return to Registrar
 164. (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. (2) Upon receiving the return, the Registrar shall give notice of the return on the website of the Alcohol and Gaming Commission of Ontario, showing the total number of votes polled in the municipality for the affirmative and negative on each question.
Resubmitting questions
 165. If a question under section 160 is submitted for a vote in a municipality or part thereof, no further vote may be held in the municipality or part thereof on any question under section 160 until 35 months after the date of the vote on the question.
Combination government stores
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