Liquor Licence Act.pdf

www.opcva.ca Liquor Licence and Control Act #1 of 3 Provincial Statutes - Session #9 Version: BCT – Provincial Statutes |Jan 2024 PD © Queen's Printer for Ontario, 2018  RTA Review Questions 1. When is the RTA applicable to a...

www.opcva.ca Liquor Licence and Control Act #1 of 3 Provincial Statutes - Session #9 Version: BCT – Provincial Statutes |Jan 2024 PD © Queen's Printer for Ontario, 2018  RTA Review Questions 1. When is the RTA applicable to a stay in a hotel or Motel? 2. Under what circumstances is an owner or close family member, who rents part of their house to a tenant, not covered by the RTA? 3. Can a landlord seize a tenant's property for non-payment of rent? 4. Can a police officer evict a tenant for committing “wilful damage” under the RTA? 2 5. The role of the police when responding to disputes under the Residential Tenancies Act is: a) to investigate all complaints and lay appropriate charges b) to investigate all complaints and issue appropriate warnings as required, except when an eviction order is obtained by the landlord where Police may then enforce the eviction order. c) keep the peace, remain objective, and lay appropriate charges under the RTA d) keep the peace, remain objective, avoid giving legal advice, make referrals, ensure people are safe and property is protected, and check pertinent documentation 3 6. Under the Residential Tenancies Act, a landlord may without written notice, enter a rental unit to show it if : a) a notice of termination has not been received b) only between the hours of 8:00 p.m. and 11:00 p.m c) notice of termination is given/agreed, between the hours of 8:00am and 8:00pm, and the landlord has made reasonable efforts to inform the tenant d) notice of termination is given/agreed, between the hours of 6:00 a.m. and 6:00 p.m. and the landlord has made reasonable efforts to inform the tenant 4  RTA Review keep the peace remain objective avoid giving legal advice make sure parties are safe & property is protected ask to see any pertinent documentation provide referrals police evidence may be required at tribunal and/or court – make notes 5  RTA Review RTA Referrals Landlord and Tenant Board Ministry of Municipal Affairs and Housing Investigative Unit Citizen’s Inquiry Line Landlord’s Self-Help Centre 6 Objectives Interpretation / Definitions Offences Sale/supply/purchase Persons under 19 years Exemptions under 19 years Apply Part III 7 Liquor SPIRITS WINE BEER any combination includes any alcohol appropriate for human consumption Sec 1 LLCA  Alcohol A product of fermentation or distillation of grains, fruits or other agricultural products Includes synthetic ethyl alcohol Sec. 1 LLCA Beer Any beverage containing alcohol in excess of prescribed amount obtained by fermentation of an infusion or decoction of barley, malt and hops Sec 1 LLCA Prescribed amount 0.5of 1% v/v O. Reg. 745/21 Wine Any beverage containing alcohol in excess of prescribed amount obtained by the fermentation of natural fruit sugars Sec 1 LLCA Prescribed amount 0.5 of 1% v/v O. Reg. 745/21 Spirits Any beverage containing alcohol obtained by distillation Sec 1 LLCA  LIQUOR Beer Wine Spirits (Fermentation) (Distillation) Any beverage Barley, Malt or Natural fruit containing alcohol Hops sugars obtained by distillation = ALCOHOL: FERMENTATION or DISTILLATION of grains, fruits or other agricultural products (Includes synthetic ethyl alcohol) 13 Interpretation / Definitions Licence Means a licence issued under the LLCA Permit Means a permit issued under the LLCA Sell To supply for remuneration, directly or indirectly, in any manner by which the cost is recovered from the person supplied, alone or in combination with others.  Purchase No person shall purchase liquor except from (a) LCBO or under its authority (b) Person authorized by licence or permit (c) In accordance with the regulations Sec 38 LLCA O. Reg 746/21 – Licences to Sell Liquor O. Reg 747/21 – Special Occasion Permits  Possession No person shall possess liquor unless, (a) Liquor is from a retail store for personal use (b) The liquor is possessed under licence or permit. (c) Liquor was manufactured by an individual lawfully. (d) Liquor was imported to Ontario in accordance with the regulations (e) The liquor is possessed by or under the authority of the LCBO. LLCA 39(1) 16 Unlawful Consumption No person shall: drink alcohol in a form that is not liquor 37(a) LLCA  Unlawful Supply No person shall: – supply alcohol – in a form that is not liquor, – knowing that the other person intends to drink it. 37(b) LLCA 18 Person Under 19 years of age  Under 19 No person under nineteen years of age shall – have, – consume, – attempt to purchase, – purchase or – otherwise obtain liquor. 34(1) LLCA 20 Under 19 - Offences Purchase Obtain Attempt to purchase Consume “P O A C H” Have Sec 34(1) LLCA Diversion Option for Youth under 19 years 72 (1) A police officer who has reasonable grounds to believe that a person who is under 19 years of age has contravened subsection 34 (1) or (3) may refer the person to a youth education or prevention program approved under this Part instead of commencing a proceeding under the Provincial Offences Act. This is a new provision under the Liquor Licence and Control Act that was not available in the old Liquor Licence Act (not yet Declared)  Sell/Supply person