Schedule of Monetary Penalties Relating to the Liquor Licence and Control Act, 2019 and its Regulations

(1) A licence is subject to the conditions,

1. that the Registrar attaches with the applicant’s consent;
2. that the Registrar attaches under subsection (2);
3. that the Registrar imposes under subsection 9 (3) or (4);
4. that the Tribunal imposes; or
5. that are prescribed.

(1) A permit is subject to the conditions that,

1. the Registrar attaches with the applicant’s consent;
2. the Registrar attaches under subsection (2);
3. the Registrar imposes under subsection 19 (3);
4. the Tribunal imposes; or
5. are prescribed.

Up to $15,000

Licence to operate a liquor consumption premises
 

Licence to deliver
 

Licence to operate a ferment on premises facility
 

Licence to represent a manufacturer
 

Permit Holder

Up to $20,000

Licence to operate a retail store
 

Manufacturer’s licence

No person shall,

1. knowingly sell or supply liquor to a person under 19 years of age;

2. sell or supply liquor to a person who appears to be under 19 years of age.

No licensee or employee or agent of a licensee shall,

1. knowingly permit a person under 19 years of age to have or consume liquor in the licensee’s licensed premises;

2. permit a person who appears to be under 19 years of age to have or consume liquor in the licensee’s licensed premises.

Up to $15,000

No licensee of a ferment on premises facility or employee or agent of such a licensee shall,

1. knowingly permit a person under 19 years of age to use the facility for the making of beer or wine.

2. permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine.

Up to $15,000

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,

1. unlawfully on the premises;
2. on the premises for an unlawful purpose; or
3. contravening the law on the premises.

Up to $15,000

11(3)

1.2.

3.4.5.

(3) If the operator of a retail store uses a carrier to deliver liquor, the operator shall ensure that the following conditions are met, in addition to the requirements in sections 9 to 11 of Ontario Regulation 746/21 (Licensing):

1. The liquor is delivered only by the carrier.
2. The liquor originates from the operator’s retail store.
3. Subject to paragraph 4, the liquor is delivered on the same day that it is picked up from the retail store, or the first regular delivery day that follows.
4. If the carrier is unable to deliver the liquor within three days following its initial attempt, the liquor is promptly returned to the retail store.
5. The carrier does not store liquor pending delivery except to temporarily keep liquor in a secure area at its premises until the liquor is delivered or returned to the retail store, during which time only the carrier’s employees have access to the liquor.

(1) It is a condition of every manufacturer’s licence to sell and every offsite winery retail store licence that the licensee,

1. participate in and comply with the Ontario Deposit Return Program;
2. collect a deposit on every regulated container it sells directly through its retail store or through direct delivery to persons licensed to operate a liquor consumption premises;
3. remit the amounts collected to the LCBO or, if directed to do so by the LCBO, to the Minister of Finance;
4. maintain at its head office all necessary records to substantiate that all deposits have been collected and remitted in accordance with the Ontario Deposit Return Program;
5. permit a person authorized by the Minister of Finance to conduct audits of the records referred to in clause (d) and assist in an audit in accordance with section 19; and
6. comply with an order of the Minister of Finance under section 19.

(2) It is a condition of every licence to operate a retail store, other than a licence to operate an offsite winery retail store, that the licensee,

1. collect a deposit on every regulated container it sells directly through its retail store;
2. maintain at its head office all necessary records to substantiate that all deposits have been collected in accordance with the Ontario Deposit Return Program;
3. permit a person authorized by the Minister of Finance to conduct audits of the records referred to in clause (b) and assist in an audit in accordance with section 19; and
4. comply with an order of the Minister of Finance under section 19.

(3)  Subject to subsection (5), it is a condition of every grocery store licence that the licensee, during hours of operation at which liquor is offered for sale,

1. accept, at the grocery store, returns of empty regulated containers and empty containers that can be returned through the Brewers Retail Inc. packaging return system;
2. provide refunds to consumers of the deposits collected on the containers; and
3. comply with any additional requirements imposed by the LCBO in relation to the duties set out in clauses (a) and (b), including requirements related to the keeping of records and the sorting of containers.

(6)  It is a condition of every grocery store licence to which subsection (3) does not apply and of every convenience store licence that the licensee post clearly the closest place or places where containers referred to in clause (3) (a) can be returned, in accordance with such requirements directed by the LCBO.

(1) A licensee referred to in subsection 17 (1), (2) or (3) shall make available to a person authorized by the Minister of Finance copies of all records requested for the purpose of conducting an audit under this section.

(2) The licensee shall ensure that an item of identification of a person who appears to be under 19 years of age is inspected before,

1. liquor is sold or served to the person;
2. liquor is delivered to the person;
3. if the licence is subject to a condition prohibiting the entry of persons under 19 years of age onto the licensed premises, the person is admitted to the licensed premises;
4. the person picks up liquor that was ordered or purchased online from a grocery store, convenience store or wine boutique; or
5. the licensee permits the person to make beer or wine on the licensed premises, in the case of a licence to operate a ferment on premises facility.

(2)  The licensee shall ensure that the following requirements are met in the delivery of liquor:

1. The liquor must not be opened or tampered with during the delivery.

Up to $15,000

10(2) 2.

2. The liquor must only be delivered to a residence or private place.

3. The liquor must be delivered to a person who,
   1. is at least 19 years of age,

2. is located at the address provided with the order, and

3. does not appear to be intoxicated.

4. Despite paragraphs 2 and 3, the liquor must not be delivered to a patient in a facility listed in the Table to section 26 of Ontario Regulation 745/21 (General) made under the Act, or to a patient in a facility for the treatment of alcohol addiction; and

6.  The liquor must be delivered only between 9 a.m. and 11 p.m. on any day.

(1)  The licensee shall not offer for sale a serving of liquor at a price that is lower than the following amount, including all applicable taxes:

1. In the case of spirits containing more than 14.8 per cent alcohol by volume, $1.34.
2. In every other case, $2.00.

(2) If the licensee offers liquor for sale in a serving size that differsfrom the applicable standard serving size set out in subsection (3), the minimum price for that serving shall increase or decrease in direct proportion to the difference in volume of liquor contained in that serving.

(1) The licensee shall not use a premises used as a dwelling for the sale of liquor.

(2) The licensee shall not use outdoor premises for the sale of liquor if the premises are used in conjunction with a dwelling.

(1) If the licensee holds a liquor sales licence that applies to more than one premises, the service bar at one premises may only be used to service a second premises if the requirements of subsection (2) are met.

(2) The licensee shall ensure that the licensee or the licensee’s employees are the only persons permitted to carry the liquor across any area not under the exclusive control of the licensee in order to reach the second premises.

(1)  Subject to subsections (2) to (4) and section 10 (General conditions for delivery of liquor), the licensee shall ensure that liquor is sold and served only between the following hours:

1. 9 a.m. on any day except for December 31 and 2 a.m. on the following day.
2. 9 a.m. on December 31 and 3 a.m. on January 1.
3. Despite paragraphs 1 and 2, in the case of an event described in section 32 (Events of significance), the hours specified by the Registrar.

(1)  The licensee may not keep for sale, sell or serve liquor unless the liquor was,

1. purchased from the LCBO or from the holder of the Brewers Retail Inc. licence;
2. purchased from the holder of a brewery licence, in the case of beer; or
3. transferred to the licensed premises from another licensed premises in accordance with the conditions set out in subsection (3).

(2) The licensee shall provide their licence number to the LCBO or to the holder of the Brewers Retail Inc. licence or the brewery licence before purchasing any liquor from them.

35(4)

(1) The licensee shall not permit a patron to remove liquor from the licensed premises except in accordance with this section or section 40 (Liquor takeout).

(3) Despite clause (2) (a) and subclause (2) (b) (i), the licensee shall not permit a patron who is or appears to be intoxicated to remove wine from the licensed premises.

(1)  Despite subsection 39 (1) (Removal of liquor from licensed premises), and subject to subsection (2), liquor in a securely closed container may be removed by a patron from the licensed premises if the licensee ensures that,

1. the liquor is purchased together with food sold by the licensee at the licensed premises;
2. the food and liquor are removed from the licensed premises together;
3. the patron to whom the liquor is provided is the same patron who purchased the liquor;

4. the liquor is removed from the licensed premises by the patron between 9 a.m. and 11 p.m. on any day.

(2)  Subsection (1) does not apply with respect to a licensee in the following circumstances:

1. The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.
2. In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,
   1. the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or
   2. the premises is located within a commercial establishment that is not a shopping mall.

(2) The sale of liquor for delivery is subject to the following requirements:

1. The liquor must be in a securely closed container.

2. Food sold by the licensee at the licensed premises must be purchased and delivered together with the liquor.

(5)  The licensee shall not sell liquor for delivery or deliver liquor in the following circumstances:

1. The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.
2. In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,
   1. the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or
   2. the premises is located within a commercial establishment that is not a shopping mall.

Up to $15,000

The licensee shall ensure that reasonable measures are in place and reasonable efforts are made to,

1. deter disorderly conduct on property adjacent to or in the vicinity of the licensed premises; and
2. minimize harm to the property described in clause (a) arising out of disorderly conduct engaged in by patrons of the licensee or by persons attempting or waiting to enter the licensed premises or to leave the licensed premises.

(1)  The licensee shall ensure that the licensed premises comply with the applicable requirements in the following:

1. Any applicable zoning by-laws respecting the use of the premises.
2. The Building Code Act, 1992.
3. The Fire Protection and Prevention Act, 1997.
4. The Health Protection and Promotion Act.

(1) A room rented as overnight accommodation that has mini bar service must be equipped with a mini bar for the storage of liquor and non-alcoholic beverages.

(2) Access to the contents of the mini bar must be controlled by the licensee or restricted by means of a locking device.

(1) The licensee shall ensure that a key or other security device for access to the contents of a mini bar in a room with mini bar service is not given to a person who is under 19 years of age.

(2) The licensee shall ensure that the key or other security device for access to the contents of the mini bar is kept separate from the room key.

The beer manufactured by the licensee must be sold and consumed only,

1. on the licensed premises;
2. on one premises other than the premises where the beer is manufactured if,
   1. the licensee has at least a 51 per cent interest in the business carried on at the other premises, and
   2. a liquor sales licence applies to the other premises;
3. in accordance with any caterer’s endorsement attached to the licence containing the brew pub endorsement;
4. in accordance with the takeout rules in section 40 (Liquor takeout); or
5. in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

The wine manufactured by the licensee must be sold and consumed only,

1. on the licensed premises;
2. in accordance with the takeout rules in section 40 (Liquor takeout); or
3. in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

(1)  The licensee shall ensure that liquor is offered for sale only at events which,

1. do not exceed ten consecutive days in duration and which are sponsored by a person other than the licensee; and

2. are not held in a residence.

61(1)

(3) Premises must not be used for the sale and service of liquor under a caterer’s endorsement to a liquor sales licence if,

1. an application for a licence in respect of the premises has been refused for the reason described in subsection 3 (6) of the Act;
2. a licence in respect of the premises has been revoked or is under suspension; or
3. the premises has been disqualified under section 18 of the Act.

61(4)

68. (1) The licensee shall ensure that,

1. patrons bring only sealed, unopened containers of commercially-made wine into the restaurant or banquet room;
2. only the licensee or one of the licensee’s employees opens a container of wine brought into the restaurant or banquet room by a patron; and
3. the wine is served only to the patron or patrons who brought the wine into the restaurant or banquet room.

(2) If the endorsement is for a banquet room, the licensee shall ensure that the wine is served while the patrons are seated at tables in the banquet room consuming a meal.

(3) If any wine in a container brought into the restaurant or banquet room by the patron remains at the end of the patron’s visit, the licensee shall dispose of it unless the patron removes the container containing the wine in accordance with subsection 39 (2) (Removal of liquor from licensed premises).

1. This Regulation, as it read before that day, continues to apply to those licences and endorsements until July 31, 2024, except that holders of beer and cider grocery store licences and holders of beer and wine grocery store licences may keep for sale liquor that they will be permitted to sell on or after August 1, 2024.

(4) The licensee shall not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a liquor manufacturer or from a person acting on the manufacturer’s behalf, including a benefit requested, demanded or received in exchange for,

1. the provision of shelf space at the grocery store or convenience store;
2. a product listing for the manufacturer’s liquor; or
3. any merchandising, marketing or promotional opportunity, including through a loyalty program or rewards marketing program described in paragraph 2 of subsection 3 (4) of Ontario Regulation 750/21 (Minimum Pricing of Liquor and Other Pricing Matters), made under the Act.

(1) A licensee with a grocery store in which space for an offsite winery retail store is leased or licensed shall not,

1. before January 1, 2032, unilaterally terminate the lease or licence of the offsite winery retail store for any reason other than a default by the operator of the offsite winery retail store under the lease or licence; and
2. on or after January 1, 2031, unilaterally terminate the lease or licence of the offsite winery retail store without giving one year’s notice, unless the termination is for default by the operator of the offsite winery retail store under the lease or licence.

(2) If, on or after May 1, 2016, the operator of a grocery store leased or licensed space at the grocery store for an offsite winery retail store and holds a licence to operate a retail store in respect of the grocery store, no person shall, before January 1, 2031, sell wine, other than cider or ready-to-drink beverages, at the grocery store unless,

1. the sale is through an offsite winery retail store at the grocery store;
2. the sale is under a licence to operate the retail store that was originally issued as a beer and wine grocery store licence before April 1, 2024;
3. the winery that operates the offsite winery retail store has notified the Registrar in writing that the winery does not wish the lease or licence at the store to continue; or
4. the lease or licence was terminated as a result of a default by the operator of the offsite winery retail store under the lease or licence.

(3)  The licensee may not sell or offer for sale the following:

1. Beer with an alcohol content greater than 7.1 per cent by volume.

4. Wine, other than cider, with an alcohol content greater than 18 per cent by volume.

5. Cream wine.

7. Wine to which an alcoholic distillate has been added.

8. Cider with an alcohol content greater than 7.1 per cent by volume.

9. Ready-to-drink beverages with an alcohol content greater than 7.1 per cent by volume.

(6) The following rules apply to grocery store licences and convenience store licences:

1. If the licence is a convenience store licence, the licensee shall not sell or offer for sale liquor in the store before September 5, 2024.

2. If the licence is a grocery store licence other than a licence continued under paragraph 2 of subsection 70.1(1), the licensee shall not sell or offer for sale liquor in the store before October 31, 2024.

(2) Despite subsection (1), a licensee may permit a customer to order and pay for liquor online through a website or application if the following conditions are met:

1. The licensee must ensure that liquor are only made available for online purchase in a dedicated section of the website or application, and that no other products are made available for purchase in that section of the website or application.
2. The licensee must ensure that any advertisements for liquor on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3. The licensee must ensure that any liquor that is ordered or paid for online is supplied from the inventory of the grocery or convenience store.

(3) If liquor is ordered online in accordance with subsection (2) and is to be picked up from a grocery store or convenience store by a customer, the licensee must ensure that:

1. The liquor is picked up at or immediately outside of the grocery store or convenience store by a person who is at least 19 years of age.

2. The liquor is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(5) The licensee shall not do any of the following:

3. Offer free or discounted merchandise contingent upon the purchase of liquor.

(1.1) The licensee must ensure that all liquor that is sold in the grocery or convenience store outside of any wine boutique is displayed in a single contiguous product display area in which,

1. all beer and cider is displayed together;

(1.1) The licensee must ensure that all liquor that is sold in the grocery or convenience store outside of any wine boutique is displayed in a single contiguous product display area in which,

2. all wine, excluding cider, is displayed together.

(1.1) The licensee must ensure that all liquor that is sold in the grocery or convenience store outside of any wine boutique is displayed in a single contiguous product display area in which,

3. all ready-to-drink beverages are displayed together.

89(2) (a)

89(2) (b)

(2)  Other products may be displayed within the contiguous product display areas if they are displayed by the licensee for the purpose of cross-promotion with the liquor, unless the products,

1. are energy drinks; or
2. promote the immoderate consumption of liquor.

(7) The licensee shall not sell containers of wine, excluding cider, in the grocery store, outside of any wine boutique, or in the convenience stores that have a lower price than,

1. the amount specified in Column 2 of the Table to this subsection for the size of the container, or
2. in the case of wine that is sold in a container with a size that is not shown in Column 1 of the Table to this subsection, the amount determined in accordance with the following formula,

(A / B) × C
in which,

“A” is the price shown in the Table to this subsection for a container that is next smaller than the container that is not shown,
“B”is the size, in millilitres, of the container shown in the Table that is next smaller than the container that is not shown, and
“C”is the size, in millimetres, of the container that is not shown.

TABLE

(8) If a minimum retail price for a container calculated under clause (7)(b) is higher than the minimum retail price in effect for the container size shown in the Table to subsection (7) that is next larger than the container size in respect of which the calculation is made, then despite subsection (7), the licensee must sell the wine for a price that is equal to or higher than the price for the container size shown in the Table that is next larger than the container size in respect of which the calculation is made.

(10) The licensee shall ensure that at least 40 per cent of the containers of wine, excluding cider, on display in the grocery store, outside of any wine boutique, or in the convenience store are containers of wine that is produced using grapes from a single country and in respect of which at least one of the following criteria is satisfied:

1. The wine is quality assurance wine.
2. The wine was produced by a small winery.
3. The country where the grapes were grown produces, in the aggregate, less than 150 million litres of wine annually from grapes grown in that country.

93(a)(b)

(c)

The licensee shall not sell wine under the licence unless,

1. the wine is manufactured in Ontario by the licensee;
2. the licensee carries out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine that the licensee sells each year; and
3. the licensee carries out at least one of the following additional steps, in full, with respect to the entire content of each bottle of wine the licensee sells under the licence:
   1. primary fermentation,
   2. blending,
   3. barrel aging for at least three months,
   4. bulk aging for at least three months,
   5. in the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable, or
   6. in the case of fortified wine, flavouring.

(1)  The licensee shall ensure that,

1. all sales from any wine boutique in the grocery store are conducted by the operator of the grocery store acting as agent for the licensee that holds the applicable wine boutique endorsement; and
2. all aspects of the sale of the wine, including ordering and payment, are conducted in person at the grocery store.

(2) Despite clause (1) (b), a licensee may permit a customer to order and pay for wine online through a website or application if the following conditions are met:

1. The licensee must ensure that wine sold at the wine boutique is only made available for online purchase in a dedicated section of the website or application, and that no other products, including any liquor sold by the grocery store, are available for purchase in that section of the website or application.
2. The licensee must ensure that any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3. The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique.

4. The licensee must ensure that the wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.

5. The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(3) The licensee shall not do any of the following things:

3. Offer free or discounted merchandise contingent upon the purchase of wine.

The licensee shall ensure that,

1. the space in which the wine boutique is located is readily distinguishable from the rest of the eligible grocery store; and
2. the name of the wine boutique is prominently displayed in the boutique and is distinct from the name of the eligible grocery store.

(2) Despite subsection (1), a licensee may permit a customer to order and pay for wine online through a website or application if the following conditions are met:

1. The licensee must ensure that wine sold at the wine boutique is only made available for online purchase in a dedicated section of the website or application, and that no other products, including any liquor sold by the grocery store, are available for purchase in that section of the website or application.
2. The licensee must ensure that any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3. The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique.

4. The licensee must ensure that the wine is picked up at or immediately outside of the grocery store by a person who is at least 19 years of age.

5. The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(3) The licensee shall not do any of the following things:

3. Offer free or discounted merchandise contingent upon the purchase of wine.

(1) The licensee must not offer for sale, or sell, any of the following wines:

1. Wine, other than cider, and ready-to-drink beverages with an alcohol content greater than 18 per cent by volume.
2. Ready-to-drink beverages.
3. Cider with an alcohol content greater than 7.1 per cent by volume.

(2) The licensee must ensure that there is a variety of stock-keeping units of wine, excluding cider, offered for sale in the wine boutique, and shall meet at least one of the following requirements:

1. At least 25 stock-keeping units of wine must be for wine manufactured by other wineries.
2. At least one-half of the stock-keeping units of VQA wine must be for wine manufactured by other wineries.

(3) The licensee shall ensure that,

1. the wine offered for sale is displayed in a single contiguous product display area within the boutique;

101(3)

(b)

(b) any other products displayed in the contiguous product display area,

1. are products from the grocery store that are displayed by the holder of the wine boutique sales agent endorsement for the purpose of cross-promotion with the wine;
2. are not energy drinks, and
3. do not promote the immoderate consumption of liquor.

101(4)

(a)(b)

(4) The licensee shall ensure that,

1. at least 50 per cent of the containers of wine on display in the wine boutique contain VQA wine; and
2. at least one-half of those containers contain wine manufactured by wineries other than the licensee.

(7) The licensee shall establish a policy describing measures that have the goal of ensuring that at least 25 per cent of the wine sold in any 12-month period in all wine boutiques operated by the licensee is VQA wine, and that at least 50 per cent of the VQA wine sold is manufactured by wineries other than the licensee.

Up to $6,000

(1) The licensee shall not enter into an agreement with a wine manufacturer that restricts the manufacturer’s ability to sell its wine in other stores.

(2) The licensee shall not enter into an agreement with a wine manufacturer that guarantees the provision of shelf space at the wine boutique or a product listing for the manufacturer’s wine or that guarantees any merchandising, marketing or promotional opportunities.

(3) The licensee shall not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a wine manufacturer or from a representative or employee of that manufacturer, including,

1. a benefit for the provision of shelf space at the wine boutique;
2. a product listing for the manufacturer’s wine, or;
3. any merchandising, marketing or promotional opportunity.

(4) If the licensee charges a fee to a manufacturer for providing warehousing or distribution services for wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public.

Up to $6,000

(2) The licensee must make available to the Minister of Finance such sales and operational information related to a wine boutique as the Minister of Finance may request.

(3) A licensee that operates six or more wine boutiques shall provide information respecting the weekly sales of all VQA wine in the wine boutiques the licensee operates to a winery whose wine is sold in the licensee’s wine boutique upon request.

(5) The licensee shall provide the information to the requesting winery within a reasonable time and shall identify the information by stock-keeping units attributed to each manufacturer whose VQA wine is sold in the boutique.

(6) The licensee shall not charge a fee for providing the information described in subsection (3) that exceeds the fee charged by the LCBO for the provision of similar information.

Up to $2,000

106(2)
106(3)
106(4)

(2) The licensee may sell beer only through its retail stores, at wholesale to holders of a licence to operate a liquor consumption premises, to the LCBO or to an agency store.

(3) Subject to subsection (4), the licensee may only sell the following liquor:

1. Beer manufactured in Ontario by a holder of a brewery licence.
2. Beer manufactured outside Ontario if,
   1. the beer is manufactured within Canada by a holder of a manufacturer’s licence to sell, and brought into Ontario in a manner authorized by the LCBO, or
   2. the beer is purchased from the LCBO.
3. Cider purchased from the LCBO with an alcohol content that is not greater than 7.1 per cent by volume.

(4) The licensee may sell a beverage other than beer that meets all the other conditions under subsection (3) if the beverage contains,

1. beer; and
2. alcohol that,
   1. was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and
   2. does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume.

106(5)

(1) If the licensee is delivering liquor that was sold by the holder of a liquor sales licence or a by-the-glass endorsement, the licensee shall ensure that food is included with the purchase of the liquor and is delivered together with the liquor to the customer.

(2) For greater certainty, the conditions set out in this section apply in addition to the general conditions for the delivery of liquor set out in section 10 (General conditions for delivery of liquor).

(1) The licensee shall ensure that,

1. the licensee transfers to the customer ownership of any ingredients being purchased by the customer from the licensee to make the beer or wine;
2. the customer combines or mixes their beer wort, wine juice, wine juice concentrate or other juice or juice concentrate with such of the customer’s other ingredients as the customer wishes to add, except that the licensee,
   1. may add finings or stabilizing agents to the customer’s other ingredients,
   2. may operate equipment to filter and add carbonation to the customer’s ingredients, and
   3. may rack the customer’s beer or wine;
3. the customer adds any yeast or enzymes required to begin the fermentation process to the beer wort, wine juice, wine juice concentrate or other raw material of beer or wine;
4. the customer places their beer or wine in containers;
5. the customer labels, corks, caps, shrink wraps or packages their beer or wine; and
6. the customer removes their beer or wine from the licensed premises immediately after it has been placed in containers.

(1)  The licensee shall not,

1. produce on the licensed premises beer or wine for sale or exchange;
2. keep for sale or exchange, offer for sale or exchange, sell or exchange beer or wine on the licensed premises, regardless of who the beer or wine belongs to or who made it;
3. give liquor to any person on the licensed premises;
4. permit on the licensed premises the exchange, sale or giving of beer or wine made by customers;
5. permit anyone to make beer or wine on the licensed premises other than,
   1. a customer or a person designated by a customer who is not the licensee or a person acting on the licensee’s behalf, or
   2. the licensee or the licensee’s employees, if they are making beer or wine for their own purposes;
6. deliver a customer’s beer or wine, other than by carrying the customer’s beer or wine out of the licensed premises to a waiting vehicle;
7. store or permit the storage on the licensed premises of beer or wine that has been placed in containers;
8. remove or permit the removal of carboys being used in the making of beer or wine from the licensed premises, unless the location of the ferment on premises facility is moved and the licensee has first informed the Registrar; or
9. bring or permit to be brought onto the licensed premises liquor to be added to beer or wine or to ingredients for making beer or wine.

(1) Before a person begins to make beer or wine at the licensed premises, the licensee shall prepare and provide an invoice to the person containing any information required by any standards and requirements established by the Registrar under section 24 of the Act.

(2)  For greater certainty, subsection (1) applies whether the person making the beer or wine is a customer or is the licensee or one of the licensee’s employees.

The licensee shall ensure that,

1. the licensee does not take or solicit orders for the sale of liquor except at a premises or through a website, app or other similar online platform that is operated solely for the purpose of,
   1. taking or soliciting orders for the sale of liquor; or
   2. taking or soliciting orders for the sale of liquor and for items related to liquor;

2. the licensee notifies the Registrar of,
   1. the address of any premises in which the licensee takes or solicits orders for the sale of liquor, within five business days after the opening of such premises;
   2. any website, app or other similar online platform that the licensee uses to take or solicit orders for the sale of liquor, within five business days after the platform begins to be used;

3. the licensee uses a form of purchase order that complies with any standards and requirements established by the Registrar under section 24 of the Act to receive any orders for the sale of liquor by the manufacturer that the licensee represents;

4. the licensee,
   1. remits all purchase orders to the LCBO, to the holder of an offsite winery retail store licence or to the holder of a brewery retail store endorsement, a distillery retail store endorsement or a winery retail store endorsement,
   2. does not accept liquor for delivery or distribution unless the order has been accepted by the LCBO or by a licensee referred to in subclause (i), as applicable,

3. ensures that a copy of the purchase order is attached to the liquor;

5. the licensee does not keep liquor except for the purpose of,
   1. delivering it to the customer who ordered it in accordance with clause (d),
   2. distributing it to the holder of a licence to operate a liquor consumption
   3. premises who ordered it in accordance with clause (d),
   4. carrying out market research, or
   5. providing a sample of a product to the holder of the manufacturer’s licence to sell on condition that the sample is provided in a sealed, unopened container; and

6. upon delivering or distributing liquor, the licensee shall provide the recipient with an invoice that shows the cost of the liquor and any fees charged by the licensee.

133(1)

1.2.3.

(1)  The licensee shall not supply liquor to any person in Ontario without receiving remuneration, except in the following circumstances:

1. If the licensee is acting under the authority of a permit.
2. If the purpose of the supply of liquor is to have the person sample a brand or product or to carry out market research. In such cases, the licensee shall ensure that the sampling and research are conducted in accordance with the standards and requirements on sampling and market research established by the Registrar under section 24 of the Act.
3. If the recipient of the liquor is,
   1. the licensee’s employee,
   2. a person authorized to conduct and manage a lottery scheme in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) where the liquor is a prize to be awarded at the event, or
   3. the holder of a permit authorizing the sale, service or consumption of liquor at a fundraising event for the advancement of charitable, educational, religious or community objects conducted by,
      1. a charitable organization that is registered under the Income Tax Act (Canada),
      2. a non-profit association or organization for the advancement of charitable, educational, religious or community objects, or
      3. the holder of an auction permit.

(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,

1. 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
2. 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,
   1. is necessary to provide full and accurate information to the public about the character or attributes of the liquor,
   2. 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
   3. is not contrary to the public interest.

(1) Subject to subsection (2), the holder of a brewery licence shall not sell beer in Ontario unless the sale is,

1. to the LCBO or to the holder of the Brewers Retail Inc. licence;
2. a retail sale to the public through retail stores operated by the holder of the Brewers Retail Inc. licence;
3. 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);
4. to the public under an endorsement to the licence; or
5. 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,

1. (a) beer; and
2. (b) alcohol that,
   1. was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and
   2. does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume. 
      …

(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).

The holder of a distillery licence shall not sell spirits in Ontario unless the sale is,

1. to the LCBO;
2. to the public under an endorsement to the licence; or
3. 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

(1) The holder of a winery licence shall not sell wine in Ontario unless the sale is,

1. to the LCBO;
2. to the public under an endorsement to the licence or under an offsite winery retail store licence; or
3. 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:
   1. The wine is manufactured in Ontario from a mixture of imported grapes or grape product and Ontario grapes or grape product.
   2. 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.
   3. 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.
   4. 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:
   1. Rice milling.
   2. Rice washing.
   3. Rice steeping.
   4. Rice steaming.
   5. Koji making.
   6. Fermentation.
   7. Filtration.
   8. 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.

141(3)

141(4)

(3)  Subject to subsection (4), the holder of a brewery licence may use a third-party service provider or a holder of a manufacturer’s licence to sell, other than a brewery licence held by a non-eligible brewer, to distribute its beer, including in a pooled distribution, as long as no products other than liquor or non-liquor beverages are included in the shipment in which the beer is distributed.

(4)  If the holder of a brewery licence is not an eligible brewer,

1. the licensee shall not distribute more than 300,000 hectolitres of its beer to holders of a liquor sales licence, a grocery store licence or a convenience store licence in a production year other than through a distribution performed by the holder of the Brewers Retail Inc. licence pursuant to section 107, regardless of whether the beer is distributed by the licensee, an affiliate, a third-party service provider or the holder of a manufacturer’s licence to sell;
2. the licensee shall not distribute beer manufactured by a brewer with which it is not affiliated; and
3. the licensee shall not distribute beer in a pooled distribution unless the distribution is performed by the holder of the Brewers Retail Inc. licence pursuant to section 107.

144(1)

1.2.

(1) The holder of a brewery licence shall not sell beer under a brewery retail store endorsement unless the following criteria are satisfied:

1. If the licensee has only one brewery retail store endorsement, the full brewing process must take place at the production site where the retail store is located, including mashing, lautering, boiling, hop separation, fermentation and packaging.
2. If the licensee has two brewery retail store endorsements,
   1. the full brewing process for at least 50 per cent of the beer sold at each retail store must take place at the production site where the retail store is located, and
   2. the full brewing process for any remaining beer sold at the retail store must take place at the production site where the other retail store is located.

144(2)

1.2.3.4.

(2) The holder of a distillery licence shall not sell spirits or spirits products under a distillery retail store endorsement unless the following criteria are satisfied:

1. At least 25 per cent of the volume of spirits or spirits products sold each year must be manufactured, from start to finish, at the production site where the distillery retail store is located.
2. At least 50 per cent of the volume of spirits or spirit products sold each year must be manufactured, from start to finish, at a production site where one of the licensee’s distillery retail stores is located.
3. The remaining volume of spirits or spirits products sold each year must be distilled, blended, aged or bottled at a production site where one of the licensee’s distillery retail stores is located.
4. The spirits must be brands that are owned by the licensee.

144(3)

1.2.3.

(3) The holder of a winery licence shall not sell wine under a winery retail store endorsement unless the following criteria are satisfied:

1. The Registrar must have specified that the type of wine can be sold under the endorsement or under the applicable endorsement subclass.
2. The licensee must carry out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine sold by the licensee.
3. The wine sold at the retail store, excluding sake, must meet the following conditions:
   1. The licensee must carry out the full primary fermentation process at the production site with respect to at least 25 per cent of the total volume of wine sold at the retail store, which requires,
      1. all aspects of the process to occur at the production site, and
      2. the relevant fermentation vessels to at all times be physically present at the production site.
   2. The licensee must carry out at least one of the following steps, in full, at a production site where one of the licensee’s winery retail stores is located with respect to the entire content of each bottle of wine the licensee sells at its winery retail stores:
      1. Primary fermentation.
      2. Blending.
      3. Barrel aging for at least three months.
      4. Bulk aging for at least three months.
      5. In the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable.
      6. In the case of fortified wine, flavouring.

4. In the case of sake, the licensee must,
   1. perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at the production site where the retail store is located for at least 25 per cent of the total volume of sake sold at the store, and
   2. perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at a production site where one of the licensee’s winery retail stores is located for the remaining volume of sake sold at the store.

(4)  If two or more brewery retail stores, winery retail stores or distillery retail stores are located on the same production site,

1. the licensee for each store must own and operate their respective store which must be readily distinguishable from any other retail store located at the production site; and
2. sales from more than one store may not be conducted in the same location.

The licensee may not keep for sale, sell or serve liquor unless the liquor was,

1. manufactured by the licensee; and
2. transferred to the licensed premises from a tied house or from premises that are licensed under another by-the-glass endorsement in accordance with the conditions set out in subsection 35 (3) (Prohibitions on sale, storage, etc.).

It is a condition of every manufacturer’s licence to sell with a caterer’s endorsement that the licensee comply with,

1. sections 60 to 63, other than subsection 61 (4), with necessary modifications; and
2. sections 146 to 148, with necessary modifications. O. Reg. 352/22, s. 11.

(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.

(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.

(2) The following standards apply with respect to the premises to which a permit is to apply:

1. A premises used as a dwelling, not including the common areas of a multiple unit residential building, shall not be used for the sale, service or consumption of liquor under a permit.

(1) Except as otherwise provided in this section, the permit holder shall not sell or serve liquor under a permit unless the liquor was purchased from,

1. the LCBO;
2. Brewers Retail Inc.;
3. a retail store operated under an offsite winery retail store licence; or
4. a retail store operated under a brewery retail store endorsement, winery retail store endorsement or distillery retail store endorsement.

(3) The holder of a sale tailgate permit or no-sale tailgate permit shall not allow an attendee who has brought liquor to the permitted premises as provided for under subsection 17 (4) to remove any of the liquor from the premises when the attendee departs unless,

1. in the case of an attendee who departs in a motor vehicle other than a form of public transportation, the liquor is,
   1. in a sealed and unopened container, or
   2. packed in baggage that is fastened closed or not otherwise readily available to any person in the motor vehicle; or
2. in any other case, the liquor is in a securely closed container.

The permit holder shall ensure that liquor is sold or served under the permit at a permitted premises only between the following hours, which shall be specified by the Registrar in the permit:

1. 9 a.m. on any day except for December 31 and 2 a.m. on the following day.
2. 9 a.m. on December 31 and 3 a.m. on January 1.
3. Despite paragraphs 1 and 2, in the case of a public event described in paragraph 5 of section 2, the hours specified by the Registrar.

(1) The permit holder shall attend the event or activity to which the permit applies or, subject to subsection (2), designate a person to attend in the holder’s place.

(2) The permit holder may not designate a person who, less than two years before the application for the holder’s permit is made, was refused a permit under the Act or a special occasion permit under the Liquor Licence Act before its repeal.

(3) The requirements of this Regulation that apply to the permit holder in respect of the permit also apply to the person designated by the holder.

(4) The permit holder or, if applicable, designate shall make the permit available for inspection by a police officer, inspector or investigator on that person’s request.

(5) Subsection (4) does not apply with respect to any part of an auction that is conducted online, as long as the permit holder complies with any standards or requirements respecting the posting or display of any information in relation to the permit.

(1) The permit holder shall not permit intoxication, unlawful gambling or disorderly conduct to occur on the permitted premises or any adjacent premises under the holder’s exclusive control.

(2) The permit holder shall not allow a person to hold, offer for sale, sell, supply or consume a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) on the permitted premises or any adjacent premises under the holder’s exclusive control.

(3) The permit holder shall ensure that police officers acting in the course of their duties are given access to the permitted premises and to any adjacent washrooms and liquor and food preparation areas under the permit holder’s exclusive control.

(2) The permit holder shall ensure that an item of identification of a person who appears to be under 19 years of age is inspected before,

1. liquor is sold or served at the permitted premises to the person; or
2. if the permit is subject to a condition prohibiting the entry of persons under 19 years of age onto the permitted premises, the person is admitted to the premises.

(4) If the holder of a sale tailgate permit or no-sale tailgate permit believes that a person apparently under 19 years of age is in possession of or consuming liquor at the tailgate event, the holder shall,

1. request that the person provide an item of identification for inspection by the holder; and
2. remove the person from the permitted premises if, on inspection of the item of identification, the holder is not satisfied that the person is at least 19 years of age.

(3) The permit holder shall ensure that the following requirements are met when liquor sold through the auction is delivered, regardless of who delivers the liquor:

1. The liquor is in a sealed, unopened container.
2. The liquor is only delivered to a residence or private place.

(4) The permit holder shall additionally ensure that the following requirements are met when liquor sold through the auction is delivered by the holder or an employee of the holder:

1. The liquor is delivered to a person who,
   1. is at least 19 years of age,
   2. is located at the address provided by the person who purchased the liquor, and
   3. does not appear to be intoxicated.

2. Despite paragraph 2 of subsection (3) and paragraph 1 of this subsection, the liquor is not delivered to a patient in a facility listed in the Table to section 26 of Ontario Regulation 745/21 (General) made under the Act, or to a patient in an institution for the treatment of alcohol addiction.
3. Before the delivery of liquor to a person who appears to be under 19 years of age, an item of identification, as defined in section 23, of the person is inspected.
4. The liquor is delivered only between 9 a.m. and 11 p.m. on any day.

25(5) 1.2.

3.4.

(5) The permit holder shall additionally ensure that the requirements listed in subsection (4) and the following requirements are met when liquor sold through the auction is delivered by a carrier:

1. The liquor is delivered only by the carrier.
2. Subject to paragraph 3, the liquor is delivered on the same day that it is received by the carrier from the permit holder, or on the first regular delivery day that follows.
3. If the carrier is unable to deliver the liquor within three days following its initial attempt, the liquor is promptly returned to the permit holder.
4. The carrier does not store liquor pending delivery except to temporarily keep liquor in a secure area at its premises until the liquor is delivered or returned to the permit holder, during which time only the carrier’s employees have access to the liquor.

Pricing by Brewers Retail Inc.

20.1 (1)  The holder of the Brewers Retail Inc. licence, and the owners of the holder of the Brewers Retail Inc. licence, are directed and authorized to set retail prices for liquor sold at stores operated under the Brewers Retail Inc. licence, which may be different from the retail prices charged by operators of other retail stores.

(2)  Prices set under subsection (1) must be calculated using a methodology that does not distinguish based on manufacturer.