Liquor Licence Act
Loi sur les permis d’alcool
R.R.O. 1990, REGULATION 718
GENERAL
Historical version for the period July 13, 2007 to May 26, 2011.
Last amendment: O.Reg. 353/07.
This Regulation is made in English only.
1.(1)In the definition of “beer” in section 1 of the Act, the prescribed proportion is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight. R.R.O. 1990, Reg. 718, s.1(1).
(2)In the definition of “Ontario wine” in section 1 of the Act, the prescribed proportion of the concentrated juice of apples grown outside of Ontario used in the production of Ontario wine is 30 per cent or less of the total content of the wine. R.R.O. 1990, Reg. 718, s.1(2).
(3)In the definition of “wine” in section 1 of the Act, the prescribed proportion is 0.5 of 1 per cent of alcohol by volume or 0.4 of 1 per cent of alcohol by weight. R.R.O. 1990, Reg. 718, s.1(3).
Licence to Represent a Manufacturer
2.(1)An application for the issue or renewal of a licence to represent a manufacturer issued under section 11 of the Act must be on a form supplied by the Registrar of Alcohol and Gaming. O.Reg. 211/98, s.1.
(2)An employee of a manufacturer licensed under section 22 of the Act is exempt from subsection 5 (2) and section 11 of the Act. O.Reg. 211/98, s.1.
(3)An employee referred to in subsection (2) shall comply with section 2.1. O.Reg. 211/98, s.1.
2.1(1)The conditions set out in subsection (2) apply to all holders of a licence to represent a manufacturer except that paragraph 1 of that subsection does not apply to holders who canvass for, receive or solicit orders for the sale of liquor by moving from place to place and not from a premises described in that paragraph. O.Reg. 167/96, s.1.
(2)The following are conditions of a licence to represent a manufacturer that a holder of such a licence must comply with:
1. The holder shall not canvass for, receive or solicit orders for the sale of liquor except at a premises operated solely for that purpose or solely for that purpose and the purpose of selling items related to liquor.
2. The holder shall notify the Registrar of Alcohol and Gaming of the address of any premises described in paragraph 1 within five business days of the opening of such premises.
3. The holder shall use a form of purchase order referred to in subsection (3) for receiving an order for the sale of liquor by the manufacturer that the holder represents.
4. The holder shall remit all purchase orders to the Liquor Control Board of Ontario or to a government store operated by the manufacturer and shall not take delivery of the liquor unless the order has been accepted by the Liquor Control Board of Ontario or the manufacturer and a copy of the order is attached to the liquor.
5. The holder shall not keep liquor except for the purpose of,
i. delivering it to the person who ordered it in accordance with the purchase order received by the holder and accepted by the Liquor Control Board of Ontario or the manufacturer,
ii. carrying out market research, or
iii. providing a sample of a product of the manufacturer on condition that the sample is provided in a sealed, unopened container.
6. The holder shall not keep more than 180 litres of liquor for all of the purposes set out in paragraph 5 and shall keep liquor only at a premises described in paragraph 1.
7. The holder shall ensure that a copy of the purchase order is at all times attached to any liquor that is being kept for delivery to the person who ordered it. O.Reg. 167/96, s.1; O.Reg. 62/98, s.2; O.Reg. 353/07, s.1.
(3)A purchase order referred to in subsection (2) shall contain at least the following information:
1. The name and address of the holder of the licence to represent a manufacturer.
2. The name and address of the manufacturer represented by the holder.
3. The purchaser’s name and address and, if the purchaser is the holder of a sale licence, the number of the sale licence.
4. The type and quantity of liquor ordered.
5. The date and time of the order.
6. The name and address of the person to whom delivery of the liquor is to be made.
7. The terms of payment. O.Reg. 167/96, s.1.
Private Place
3.(1)For the purposes of clauses 30 (13) (a) and 31 (2) (c) of the Act,
“private place” means a place, vehicle or boat described in this section. R.R.O. 1990, Reg. 718, s.3(1).
(2)An indoor place to which the public is not ordinarily invited or permitted is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s.3(2).
(3)Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place. R.R.O. 1990, Reg. 718, s.3(3).
(4)A motor vehicle equipped with sleeping accommodation and cooking facilities is considered to be a private place while it is parked and being used as a residence. R.R.O. 1990, Reg. 718, s.3(4).
(5)Despite subsection (4), a motor vehicle is not considered to be a private place while it is on a highway or a King’s Highway within the meaning of the Highway Traffic Act. R.R.O. 1990, Reg. 718, s.3(5).
(6)A boat that is used exclusively to carry freight and is under the command of a person certified under the Canada Shipping Act is considered to be a private place. R.R.O. 1990, Reg. 718, s.3(6).
(7)A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire is considered to be a private place while the boat is at anchor or is secured to the dock or land. R.R.O. 1990, Reg. 718, s.3(7).
(8)If a boat is considered under subsection (7) to be a private place and is secured to a dock or land to which the public is not ordinarily invited or permitted then the dock or land is considered to be a private place except at the times when the public is invited or permitted access to it. R.R.O. 1990, Reg. 718, s.3(8).
(9)A boat that is used exclusively to carry passengers for hire and has sleeping accommodation for all passengers is considered to be a private place if it is under the command of a person certified under the Canada Shipping Act. R.R.O. 1990, Reg. 718, s.3(9).
(10)A boat that is owned or operated by the Canadian Coast Guard is considered to be a private place. R.R.O. 1990, Reg. 718, s.3(10).
Hospitals and Institutions
4.The hospitals listed in Column 2 of the Schedule and located at the places listed in Column 1 of the Schedule are designated for the purpose of subsection 36 (1) of the Act. O.Reg. 790/93, s.1.
5.The following institutions are designated for the purpose of subsection 37 (1) of the Act:
1. The Rideau Correctional Centre.
2. Ontario Correctional Institution, Brampton.
3. Vanier Centre for Women, Brampton.
4. Monteith Correctional Centre, Monteith.
5. Kenora Jail, Kenora. R.R.O. 1990, Reg. 718, s.5.
Consumption of Liquor for Research or Educational Purposes
6.(1)The Registrar of Alcohol and Gaming may approve the possession, service or consumption of liquor for research or educational purposes in the circumstances described in this section. O.Reg. 62/98, s.3; O.Reg. 353/07, s.2.
(2)The purpose of the research or education must be,
(a) to educate and train persons in the responsible sale and service of liquor;
(a.1) to educate and train persons in the making and testing of liquor; or
(b) to test the effects of liquor consumption on humans. R.R.O. 1990, Reg. 718, s.6(2); O.Reg. 477/01, s.1(1).
(3)The education and training described in clause (2) (a) must occur in a post secondary educational institution or at a law enforcement agency. R.R.O. 1990, Reg. 718, s.6(3).
(3.1)The education and training described in clause (2) (a.1) must,
(a) occur in a post secondary educational institution with a program of instruction in the science and art of making liquor that is,
(i) a group of related courses leading to a degree, diploma, certificate or other document awarded by the institution, and
(ii) authorized to be offered in Ontario;
(b) be restricted to students enrolled in the program; and
(c) be conducted and supervised by persons who have successfully completed a course on server training approved by the board of the Alcohol and Gaming Commission. O.Reg. 477/01, s.1(2).
(3.2)Subsections 30 (1), (2) and (8) of the Act do not apply to prevent the possession, service and consumption of liquor by a person who is at least 18 years of age for purposes of the education and training described in clause (2) (a.1). O.Reg. 159/03, s.1.
(4)The testing described in clause (2) (b) must occur in a medical institution or research facility the object of which is research into drug addiction. R.R.O. 1990, Reg. 718, s.6(4).
(5)The applicant for the approval must undertake to supervise the possession, service and consumption of liquor. O.Reg. 62/98, s.3.
Local Option
7.For the purposes of subsections 53 (1) and (2) of the Act, the following questions are prescribed:
1. Are you in favour of the retail sale of spirits, beer and wine in government stores?
2. Are you in favour of the sale of spirits, beer and wine for consumption in licensed premises?
3. Shall the municipality continue to prohibit the sale of spirits in licensed premises? R.R.O. 1990, Reg. 718, s.7.
8.For the purposes of subsections 54 (1) and (2) of the Act, the following questions are prescribed:
1. Shall the sale of spirits, beer and wine in government stores in the municipality be prohibited?
2. Shall the sale of beer and wine in licensed premises be prohibited?
3. Shall the sale of spirits, beer and wine in licensed premises be prohibited? R.R.O. 1990, Reg. 718, s.8.
Exemptions from Provisions of the Act
9.(1)The Act does not apply with respect to a product capable of human consumption that contains 0.5 of 1 per cent or less of alcohol by volume or 0.4 of 1 per cent or less of alcohol by weight. R.R.O. 1990, Reg. 718, s.9(1).
(2)The Act does not apply with respect to concentrated food and beverage flavouring extracts that are not palatable when consumed alone. R.R.O. 1990, Reg. 718, s.9(2).
(3)The Act does not apply with respect to denatured cooking wine that contains 20 per cent or less alcohol by volume and 1.5 per cent or more salt by volume. O.Reg. 230/96, s.1.
10.Section 5 of the Act does not apply to a person, other than a manufacturer of liquor, who sells liquor to the Liquor Control Board of Ontario. R.R.O. 1990, Reg. 718, s.10.
11.Subsection 31 (2) of the Act does not apply to a person who, for the purpose of tasting or testing it, possesses or consumes liquor,
(a) in a government store under the supervision of a store employee; or
(b) in other premises operated by the Liquor Control Board of Ontario under the supervision of a Board employee. O.Reg. 285/02, s.1.
12.A person who is authorized to conduct a lottery event in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) is exempt from subsection 5 (1) of the Act for the purpose of awarding alcohol as a prize for the lottery on condition that the person complies with any guidelines established by the Registrar of Alcohol and Gaming. O.Reg. 246/02, s.1.
13.(1)Subsections 52 (1) and (2) of the Act do not apply with respect to the following:
1. Premises located in that part of the Township of Wallace in the County of Perth annexed to the Town of Palmerston in the County of Wellington as of the 1st day of July, 1975 and being composed of part of Lot 21, Concession 10 of the said Township of Wallace and being more particularly described in Schedule A of Ontario Municipal Board Order M74256 dated the 15th day of August, 1975 and filed with the Ontario Municipal Board.
2. Premises located in that part of the Township of West Garafraxa in the County of Wellington annexed to the Town of Fergus in the County of Wellington as of the 1st day of June, 1977 by an Order of the Municipal Board numbered 76232 and being composed of that part of the southwest half of Lot 5 in the First Concession of the Township of West Garafraxa designated as parts 1 and 2 according to a reference plan deposited with the Land Registrar for the Land Registry Division of Wellington North (No. 60) as Plan 60R-1483-1/2.
3. Premises located in that part of the Township of Bentinck in the County of Grey that was annexed to the Town of Hanover on the 1st day of January, 1967 and being composed of lots 9 and 10, Concession I, north of the Durham Road and parts of lots 5 and 6, Concession I, south of the Durham Road, more particularly described in Schedule A to Ontario Municipal Board Order P85-65 dated the 29th day of April, 1966 and filed with the Ontario Municipal Board.
4. Premises located in that part of the Township of Vespra in the County of Simcoe annexed to the City of Barrie as of the 1st day of January, 1964 and described in Schedule A of Ontario Municipal Board Order N4531-62 dated the 31st day of December, 1963 and filed with the Ontario Municipal Board.
5. Premises located in those parts of the Township of Yarmouth in the County of Elgin that have been annexed to the City of St. Thomas and that are described in the Ontario Municipal Board orders set out in Table 1.
6. Premises located on lands within the Township of Centre Wellington adjacent to the former Village of Elora, being part of Lot 1, Concession 1, east of the Grand River, geographic Township of Pilkington, in the Township of Centre Wellington, County of Wellington, being more fully described as Part 1, according to Reference Plan 61R-6272. R.R.O. 1990, Reg. 718, s. 13(1); O.Reg. 372/00, s. 1; O.Reg. 259/02, s.1.