Act
Proposed legislative amendments to the Liquor Licence and Control Act, 2019
Regulation Number(s):
N-A
Instrument Type:
Act
Bill or Act:
Liquor Licence and Control Act, 2019
Summary of Proposal:
In December 2019, the Ontario government introduced a new legal framework for the regulation of beverage alcohol.
The new legal framework is expected to be proclaimed into force in fall 2021. The proposed technical amendments to the Liquor Licence and Control Act, 2019 are necessary before the new legal framework is proclaimed into force.
If approved, the changes would:
• Amend the description of a manufacturer's licence to make it a more accurate representation of the activities permitted under that licence type;
• Clarify the definition of "wine" to make it easier to understand;
• Streamline and strengthen the powers of the Registrar of the Alcohol and Gaming Commission of Ontario regarding the suspension of liquor licences to align with other sectors such as cannabis and gaming;
• Provide more flexibility for the Registrar to respond to changes in the market by creating regulation-making authority to add ineligibility criteria that would prevent someone from obtaining a licence;
• Clarify that permit holders must comply with the Act and regulations in order to receive a permit;
• Maintain authorities currently included in the Liquor Licence Act to apply the public interest test for the disentitlement of a liquor licence at various points during the life cycle of the licence, including renewal, suspension and revocation. The Liquor Licence and Control Act, 2019 (LLCA) currently limits this test to the initial application for licence, and;
• Clarify the rules around the two-year limit on further licence applications for the same premises that arises in certain circumstances.
If passed, these technical amendments would clarify certain provisions in the legislation, better reflect existing practices and intended outcomes, and would make the legislation more flexible. In addition, some changes are intended to align with other regulated areas such as cannabis and gaming.
The new legal framework is expected to be proclaimed into force in fall 2021. The proposed technical amendments to the Liquor Licence and Control Act, 2019 are necessary before the new legal framework is proclaimed into force.
If approved, the changes would:
• Amend the description of a manufacturer's licence to make it a more accurate representation of the activities permitted under that licence type;
• Clarify the definition of "wine" to make it easier to understand;
• Streamline and strengthen the powers of the Registrar of the Alcohol and Gaming Commission of Ontario regarding the suspension of liquor licences to align with other sectors such as cannabis and gaming;
• Provide more flexibility for the Registrar to respond to changes in the market by creating regulation-making authority to add ineligibility criteria that would prevent someone from obtaining a licence;
• Clarify that permit holders must comply with the Act and regulations in order to receive a permit;
• Maintain authorities currently included in the Liquor Licence Act to apply the public interest test for the disentitlement of a liquor licence at various points during the life cycle of the licence, including renewal, suspension and revocation. The Liquor Licence and Control Act, 2019 (LLCA) currently limits this test to the initial application for licence, and;
• Clarify the rules around the two-year limit on further licence applications for the same premises that arises in certain circumstances.
If passed, these technical amendments would clarify certain provisions in the legislation, better reflect existing practices and intended outcomes, and would make the legislation more flexible. In addition, some changes are intended to align with other regulated areas such as cannabis and gaming.
Analysis of Regulatory Impact:
There are no new administrative costs to business anticipated in relation to this proposal.
Further Information:
Proposal Number:
21-MAG013
Posting Date:
April 15, 2021
Comments Due Date:
May 25, 2021
Contact Address:
Agency and Tribunal Relations Branch
Ministry of the Attorney General
720 Bay St., 3rd floor
Toronto, ON. M5G 2J8
Ministry of the Attorney General
720 Bay St., 3rd floor
Toronto, ON. M5G 2J8