Regulation - LGIC
Amendments to O. Reg 746/21 (Licensing) under the Liquor Licence and Control Act, 2019 - Approval of Outdoor Temporary Extensions
Regulation Number(s):
746/21
Instrument Type:
Regulation - LGIC
Bill or Act:
Liquor Licence and Control Act, 2019
Summary of Decision:
Ontario has made amendments to O. Reg 746/21 under the Liquor Licence and Control Act, 2019 (LLCA) to grant municipalities and First Nations band councils, where applicable, authority for approving outdoor temporary extensions of Liquor Sales Licences (LSL) to municipalities. This authority could be used, for example, to allow an LSL to temporarily create a new outdoor patio or expand an existing outdoor patio.
Starting on January 1, 2023, local municipal governments (i.e. lower or single tier municipalities) will be able to authorize LSLs to temporarily extend their licensed premises outdoors if certain requirements are satisfied. The authority to approve outdoor temporary extensions will remain with the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) for unorganized territories. First Nation communities will have the option to maintain the Registrar's licensing authority over temporary outdoor extensions or to have their respective band council take on that function by providing a Band Council Resolution to the Registrar of the AGCO.
Starting on January 1, 2023, local municipal governments (i.e. lower or single tier municipalities) will be able to authorize LSLs to temporarily extend their licensed premises outdoors if certain requirements are satisfied. The authority to approve outdoor temporary extensions will remain with the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) for unorganized territories. First Nation communities will have the option to maintain the Registrar's licensing authority over temporary outdoor extensions or to have their respective band council take on that function by providing a Band Council Resolution to the Registrar of the AGCO.
Analysis of Regulatory Impact:
There will be minimal regulatory impact as a result of this regulatory amendment. Currently, the AGCO does not charge for approval of temporary extensions of licensed premises. Municipalities are permitted to charge fees for administrative processes, such as assessing an application for a temporary extension, but it is unknown at this time whether municipal governments will choose to do so. The increased revenue that licensees who obtain a temporary extension of an outdoor licensed area will realize is expected to offset potential municipal fees.
Further Information:
O. Reg. 352/22: LICENSING
Proposal Number:
22-MAG006
Posting Date:
Summary of Proposal:
Ontario has made amendments to O. Reg 746/21 under the Liquor Licence and Control Act, 2019 (LLCA) to grant municipalities and First Nations band councils, where applicable, authority for approving outdoor temporary extensions of Liquor Sales Licences (LSL). This authority could be used, for example, to allow an LSL to create a new temporary outdoor patio or expand an existing outdoor patio.
Starting on January 1, 2023, local municipal governments (i.e., lower or single tier municipalities) will be able to authorize LSLs to temporarily extend their licensed premises outdoors if certain requirements are satisfied. The authority to approve outdoor temporary extensions will remain with the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) for unorganized territories. First Nation communities will have the option to either maintain the Registrar's licensing authority over temporary outdoor extensions or to have their respective band council take on that function by providing a Band Council Resolution to the Registrar of the AGCO.
Starting on January 1, 2023, local municipal governments (i.e., lower or single tier municipalities) will be able to authorize LSLs to temporarily extend their licensed premises outdoors if certain requirements are satisfied. The authority to approve outdoor temporary extensions will remain with the Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) for unorganized territories. First Nation communities will have the option to either maintain the Registrar's licensing authority over temporary outdoor extensions or to have their respective band council take on that function by providing a Band Council Resolution to the Registrar of the AGCO.
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Effective Date:
January 1, 2023
Decision:
Approved