The Government of Ontario has amended Regulation 746/21 under the Liquor Licence and Control Act, 2019 establishing a new framework for temporary outdoor physical extensions (temporary patios), which took effect on January 1, 2023. These changes impact liquor sales licence holders and manufacturer by-the-glass endorsement holders.
Effective January 1, 2023:
Licensees in Municipalities:
- Must get approval of your temporary patio from your local municipality
- Must notify the AGCO of your approval, the duration of your approval and any conditions on the approval
Licensees on First Nations Reserves:
- Must get approval from the AGCO, unless the Band Council has chosen to manage temporary patio approvals (see Temporary Patios on First Nation Reserves)
- Must notify the AGCO of any temporary patios approved by a Band Council, the duration of your approval and any conditions on the approval
Licensees in Unorganized Areas
- Must apply online to the AGCO for approval through the iAGCO portal.
New Authorities and Responsibilities
Effective January 1, 2023, individual municipalities and First Nations Band Councils:
- Have the authority to approve temporary patios for up to eight months total in a calendar year (does not need to be eight consecutive months) for liquor sales licensees and by-the-glass endorsement holders
- Have the option to approve for less than eight months, if they wish
- Have the authority to specify conditions on the approval
The previous Registrar Policy for temporary patio approvals is no longer in effect.
The AGCO no longer accepts applications or has the authority to approve temporary patios for licensees located in municipalities.
Licensees must continue to apply to the AGCO for permanent physical extensions, temporary indoor physical extensions and temporary patios in unorganized territories or on First Nations Reserves where Band Councils do not manage the approval process.
Authority Overview
Text version of above infographic
Extension Type | Where to seek approval for a physical extension of a licensed premises | ||||
|---|---|---|---|---|---|
| If you are located in a Municipality | If you are located in an Unorganized Area | If you are located on a reserve | If you are located on a reserve where the Band Council is managing approvals | ||
| Temporary outdoor (patio) | Municipality (NEW) | AGCO | AGCO | Band Council (NEW) | |
| Temporary indoor | AGCO | AGCO | AGCO | AGCO | |
| Permanent (outdoor & indoor) | AGCO | AGCO | AGCO | AGCO | |
Contact Information
For questions about approval requirements unique to your municipality or First Nations reserve where your establishment is located, contact your municipality or First Nations Band Council.
If you require additional information, your local AGCO Inspectors are here to help educate and support you. If you are unsure who your Inspector is, please email Compliance@agco.ca with your licensed establishment address to get connected.
AGCO Customer Service is available online via the iAGCO portal or by phone Monday to Friday from 8:30 am – 5:00 pm at 416-326-8700 or (toll free) 1-800-522-2876.