4. Environmental Scan and Risks

The AGCO promotes compliance with relevant legislation, regulations and Registrar’s Standards to protect the public interest in alignment with government and ministry priorities. The following core activities enable the AGCO to effectively fulfill its mandate in Ontario’s alcohol, lottery and gaming, horse racing, and cannabis sectors:

Licensing, Registration and Other Activities

  • Licensing and regulating establishments that sell or serve liquor, liquor delivery services, liquor manufacturers, their representatives and representatives of foreign manufacturers, and ferment on premise facilities.

Number of AGCO Licence, Registration and Permit Holders (2020)

In addition, 2,992 SOPs were issued by the AGCO for events such as weddings, private receptions, charity fundraisers, festivals and industry promotional events.

  • Administering the SOP program to allow alcohol to be sold at temporary events such as weddings and festivals.
  • Authorizing manufacturers’ retail stores, which includes on-site and off-site winery retail stores, on-site distillery retail stores and brewery retail stores, and Brewers Retail Inc. stores (“The Beer Store”).
  • Authorizing grocery stores to retail alcohol to the public.
  • Registering operators, suppliers, retailers/sellers and gaming assistants in the lottery and gaming sectors.
  • Administering, in partnership with municipalities and First Nations licensing authorities, the regulatory framework governing the issuance of charitable lottery licences (e.g. bingo, raffle and break open ticket events).
  • Licensing games of chance at fairs and exhibitions.
  • Approving rules of play or changes to rules of play for games of chance conducted and managed by the OLG.
  • Preventing excluded persons (i.e. youth, self-excluded individuals) from accessing gaming premises in Ontario pursuant to the Gaming Control Act, 1992.
  • Regulating the conduct of horse racing at Ontario’s licensed racetracks through the Rules of Racing for Thoroughbred, Standardbred and Quarter Horse breeds and exercising authority for the overall governance of horse racing in Ontario.
  • Promoting safety and integrity of the sport for horse racing participants, equine athletes and the betting public.
  • Licensing and regulating individuals and businesses involved in the horse racing industry, including the processing of applications from racing participants and for racetracks and teletheatre locations and conducting due diligence reviews and investigations of applicants.
  • Licensing and regulating participants in the storefront recreational cannabis sector, including retail operators and retail managers, as well as authorizing retail store locations.

Compliance Activities

  • Ensuring compliance with the Liquor Licence Act and its regulations, including in licensed establishments, on and off-site retail stores, grocery stores and SOP events.
  • Ensuring compliance with the Gaming Control Act, 1992 and its regulations, licence/registration requirements and standards and requirements established by the Registrar of the AGCO in the gaming sector (i.e. casinos, PlayOLG.ca, charitable gaming events/facilities and retail locations where OLG lottery products are sold).
  • Testing, approving and monitoring slot machines and gaming and lottery management systems.

Total Number of Education Activities Conducted by Line of Business

Gaming and Lottery includes both charitable gaming and commercial gaming.

  • Proactively providing education to all sectors and those who are regulated to increase their understanding of regulatory obligations and to improve overall compliance.
  • Ensuring compliance with the Rules of Racing by investigating alleged rule infractions, having Race Officials present to officiate races, monitoring and enforcing the Equine Medication and Drug Control Program and investigating race horse deaths.
  • Supporting the health and welfare of race horses and participants by ensuring an Official Veterinarian is in attendance to supervise live racing and confirm that horses are fit to race, as well as administering and overseeing the Human Alcohol and Drug Program for participants to detect and deter substance abuse and offer programs of intervention, rehabilitation and support.
  • Ensuring the safe, responsible and lawful sale of cannabis, consistent with the Cannabis Licence Act, 2018.
  • Ensuring the safe, responsible and lawful operation of the expanded iGaming market, if the proposed enabling legislation is passed.

Appeals

  • Hearing appeals of rulings made by Judges, Stewards and Racing Officials under the Rules of Racing (note this responsibility lies with the HRAP, which is an independent adjudicative tribunal, the members of which are appointed by the AGCO Board of Directors).

Arbitration

  • Conducting arbitration of lottery disputes.

 

External Risk Factors

The AGCO has identified enterprise-wide risks that could impact the agency’s ability to deliver on its regulatory responsibilities. The AGCO will continue to monitor risks and implement risk mitigation strategies to ensure the AGCO is able to fulfill its mandate.

Responding to COVID‑19

The government’s response to COVID-19 necessitated a major shift in the AGCO’s approach to developing and implementing regulatory activities. The COVID-19 pandemic has required the Ontario Government and the AGCO to react to unforeseen challenges as they arose. The AGCO has responded to demand from the sectors it regulates, and requests from the Ontario Government to adapt its regulatory requirements in response to the pandemic to help protect public health while supporting the continued economic viability of the liquor, gaming, horse racing and retail cannabis sectors.

In the coming years, the AGCO will continue to work closely with government to provide ongoing supports for the alcohol sector, such as updates to the delivery rules for takeout and delivery from licensed establishments, patio extensions, and licence renewal term extensions where applicable. The AGCO worked with the retail cannabis sector to implement the temporary allowance for curbside pickup and delivery from cannabis retail stores, and will continue to support these retailers.

More than two-thirds of AGCO’s budget comes from recoveries collected from regulated industries.  Due to the COVID-19 pandemic, AGCO is facing pressures in recovering its costs, resulting in a budget deficit.  The AGCO, along with MAG, will manage the fiscal 2020-21 deficit through additional funding and expenditure savings.

In the coming months and years, the AGCO will continue to assess the impact of COVID-19 on the alcohol, gaming, horse racing, and cannabis sectors. The AGCO will work closely with the Ontario Government to support economic recovery while fulfilling its regulatory mandate.

Internal Factors

Impact of COVID-19 on the ACGO’s Workforce

A rewarding workplace environment with high performing and empowered staff is essential to implementing a successful transformation of the AGCO’s regulatory approach. Engaging staff is a particular challenge with the majority of AGCO’s employees working remotely during the COVID-19 pandemic. The AGCO continues to support staff during this difficult time through a number of operational and well-being measures. Examples include:

  • All AGCO staff who are able to work from home have been asked to do so.
  • Laptops and other technology have been made available to allow staff to provide services remotely.
  • Regulatory activities that are typically conducted away from home (e.g. compliance inspections) have been modified to protect the health and well-being of AGCO employees and the broader public. The AGCO has procured personal protective equipment (PPE) such as masks, gloves, and hand sanitizer and is making it available to field staff.
  • A number of activities have been launched to keep staff connected, engaged and supported, including a new “Staying Connected” newsletter.
  • The AGCO executive team has implemented regular “Ask Us Anything” video conferences for all AGCO staff to have the opportunity to ask questions directly.
  • The AGCO launched its “Back to Business Project” to provide central coordination and oversight over the planning activities to support the reopening of all four sectors the AGCO regulates and the agency’s planning to return to the office.

Ask-Us-Anything Sessions

Text version of the Results from COVID-19 Employee Engagement and Needs survey conducted June 2020.

Expansion of AGCO Regulatory Mandate & Resourcing Constraints

Marketplace evolution and initiatives such as the federal legalization of recreational cannabis and provincial proposal to expand and establish a competitive online market for iGaming in Ontario have continued to expand the AGCO’s regulatory authority. As with other public sector organizations, the AGCO faces the challenge of managing an expanding mandate, often without a corresponding expansion of resources. Public expectations and the AGCO’s visibility continue to rise along with that expanded mandate, particularly during this global health crisis. These challenges underline the importance of focusing regulatory attention on higher-risk areas, so that the AGCO is better equipped to navigate a changing environment.

To help manage the operational and financial pressures related to this expanded mandate, the AGCO continues to implement its long-term direction through its Strategic Plan. The AGCO’s Corporate Plan, which captures all of the AGCO’s major initiatives, supports its expanded mandate by ensuring that initiatives are prioritized based on alignment with its mandate, Strategic Plan, and resource capacity. The Corporate Plan is reviewed by the AGCO’s leadership team on a biannual basis to ensure priorities remain accurate and resourced effectively. This process helps the AGCO manage its limited resources with an expanding mandate.

The AGCO strives to proactively improve efficiencies in its operations, demonstrating its commitment to the government’s goal of regulatory efficiency. Initiatives include implementation of an Enterprise Risk Management (ERM) Framework, numerous program audits to improve efficiencies, and a long-term digital strategy. Additionally, the AGCO’s shift to a risk-based regulatory approach has ensured agency resources are allocated to areas that represent greater risk.

Assessing and Managing Risk

The AGCO proactively identifies risks and uncertainties, which if left unaddressed, could adversely affect the achievement of the AGCO’s strategic goals.

The AGCO leverages sound risk management methodologies through the continued use and enhancement of an ERM Framework to monitor and mitigate these environmental risk factors.  ERM is a continuous, proactive and systematic process to understand, manage and communicate risk from an organization-wide perspective and assists management in making strategic decisions that contribute to the achievement of the AGCO’s corporate objectives.

The ERM Framework consists of a portfolio view of risks that includes several risk categories such as strategic, governance, financial, operational, compliance and stakeholder risks.  It also assists the organization in identifying areas of risk in a systematic, disciplined and integrated approach.  An annual risk workshop is held with the senior management team to identify, assess, and decide on prioritization and mitigation activities for the AGCO’s top risks.  These risks and related mitigation activities are updated on a quarterly basis, at a minimum, to ensure they reflect the changing risk landscape.  Risk assessment activities are also integrated with the AGCO’s strategic and corporate planning process to ensure that risks arising from the AGCO’s goals and plans are considered and assessed. ERM assists the AGCO in prioritizing its work and is a key criterion in the identification of projects in the annual corporate plan. The AGCO’s ERM Framework and associated processes are overseen by the AGCO Board of Directors who provide input and counsel on the process.

The results of the risk assessment activities are a key input in the development of the AGCO’s Audit and Evaluation Plan which gives priority to areas considered high risk and provides coverage of risk management, control and governance processes.  The ERM Framework will continue to form a foundation to guide management’s decision-making processes when developing strategic plans and corporate planning activities.