Bill 96, Liquor Licence Amendment Act, 2004

Watson, Hon. Jim Minister of Consumer and Business Services

[38] Bill 96 Royal Assent (PDF)

Bill 96 2004

An Act to amend
the Liquor Licence Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  Section 1 of the Liquor Licence Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 166, 1998, chapter 24, section 1, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule E, section 7, is amended by adding the following definition:

"supply" includes a licensee's permitting the consumption on licensed premises of wine that a patron has brought onto the premises, in accordance with the regulations, for the patron's consumption, alone or in the company of others; ("fournir")

2.  Subsection 15 (6) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule E, section 7, is repealed and the following substituted:

Interim suspension of licence

(6)  If a proposal is issued to revoke or suspend a licence, the Registrar may by order suspend the licence prior to a hearing if he or she considers it to be necessary in the public interest.

3.  Section 34 of the Act is amended by adding the following subsections:

Not to remain after being required to leave

(3.1)  No person shall remain on licensed premises after being required to vacate the premises by a police officer under subsection (3).

No re-entry

(3.2)  No person shall re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

4.  Section 34.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 14, is amended by adding the following subsection:

Not to remain after being required to leave

(1.1)  No person shall,

(a) remain on the premises after being required to vacate the premises by a police officer under subsection (1);

(b) re-enter the premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

5.  (1)  Subsection 61 (6) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$500" and substituting "$1,000".

(2)  Subsection 61 (7) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$100" and substituting "$200".

Commencement

6.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

7.  The short title of this Act is the Liquor Licence Amendment Act, 2004.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 96 and does not form part of the law. Bill 96 has been enacted as Chapter 28 of the Statutes of Ontario, 2004.

The Bill proposes a definition of "supply" to make it clear that the word includes cases where a licensee permits the consumption on licensed premises of wine that a patron has brought onto the premises in accordance with the regulations for the patron's consumption. The Bill also provides for the following:

1. Gives the Registrar the power to issue immediate interim suspensions of licences in the public interest.

2. Amends sections 34 and 34.1 of the Act to prohibit persons who have been required to leave licensed or other premises by a police officer from remaining on the premises and from returning to the premises until the day after they left, unless authorized to do so by a police officer.

3. Doubles the minimum fines for offences related to liquor and persons under 19 years of age.

[38] Bill 96 As Amended by Standing Committee (PDF)

Bill 96 2004

An Act to amend
the Liquor Licence Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  Section 1 of the Liquor Licence Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 166, 1998, chapter 24, section 1, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule E, section 7, is amended by adding the following definition:

"supply" includes a licensee's permitting the consumption on licensed premises of wine that a patron has brought onto the premises, in accordance with the regulations, for the patron's consumption, alone or in the company of others; ("fournir")

2.  Subsection 15 (6) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule E, section 7, is repealed and the following substituted:

Interim suspension of licence

(6)  If a proposal is issued to revoke or suspend a licence, the Registrar may by order suspend the licence prior to a hearing if he or she considers it to be necessary in the public interest.

3.  Section 34 of the Act is amended by adding the following subsections:

Not to remain after being required to leave

(3.1)  No person shall remain on licensed premises after being required to vacate the premises by a police officer under subsection (3).

No re-entry

(3.2)  No person shall re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

4.  Section 34.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 14, is amended by adding the following subsection:

Not to remain after being required to leave

(1.1)  No person shall,

(a) remain on the premises after being required to vacate the premises by a police officer under subsection (1);

(b) re-enter the premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

5.  (1)  Subsection 61 (6) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$500" and substituting "$1,000".

(2)  Subsection 61 (7) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$100" and substituting "$200".

Commencement

6.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

7.  The short title of this Act is the Liquor Licence Amendment Act, 2004.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The Bill proposes a definition of "supply" to make it clear that the word includes cases where a licensee permits the consumption on licensed premises of wine that a patron has brought onto the premises in accordance with the regulations for the patron's consumption. The Bill also provides for the following:

1. Gives the Registrar the power to issue immediate interim suspensions of licences in the public interest.

2. Amends sections 34 and 34.1 of the Act to prohibit persons who have been required to leave licensed or other premises by a police officer from remaining on the premises and from returning to the premises until the day after they left, unless authorized to do so by a police officer.

3. Doubles the minimum fines for offences related to liquor and persons under 19 years of age.

[38] Bill 96 Original (PDF)

Bill 96 2004

An Act to amend
the Liquor Licence Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  Section 1 of the Liquor Licence Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 166, 1998, chapter 24, section 1, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule E, section 7, is amended by adding the following definition:

"supply" includes a licensee's permitting the consumption on licensed premises of wine that a patron has brought onto the premises, in accordance with the regulations, for the patron's consumption, alone or in the company of others; ("fournir")

2.  Subsection 15 (6) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule E, section 7, is repealed and the following substituted:

Interim suspension of licence

(6)  If a proposal is issued to revoke or suspend a licence, the Registrar may by order suspend the licence prior to a hearing if he or she considers it to be necessary in the public interest.

3.  Section 34 of the Act is amended by adding the following subsections:

Not to remain after being required to leave

(3.1)  No person shall remain on licensed premises after being required to vacate the premises by a police officer under subsection (3).

No re-entry

(3.2)  No person shall re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

4.  Section 34.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 14, is amended by adding the following subsection:

Not to remain after being required to leave

(1.1)  No person shall,

(a) remain on licensed premises after being required to vacate the premises by a police officer under subsection (1);

(b) re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

5.  (1)  Subsection 61 (6) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$500" and substituting "$1,000".

(2)  Subsection 61 (7) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out "$100" and substituting "$200".

Commencement

6.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

7.  The short title of this Act is the Liquor Licence Amendment Act, 2004.

EXPLANATORY NOTE

The Bill proposes a definition of "supply" to make it clear that the word includes cases where a licensee permits the consumption on licensed premises of wine that a patron has brought onto the premises in accordance with the regulations for the patron's consumption. The Bill also provides for the following:

1. Gives the Registrar the power to issue immediate interim suspensions of licences in the public interest.

2. Amends sections 34 and 34.1 of the Act to prohibit persons who have been required to leave licensed premises by a police officer from remaining on the premises and from returning to the premises until the day after they left, unless authorized to do so by a police officer.

3. Doubles the minimum fines for offences related to liquor and persons under 19 years of age.

Date Bill stage Activity Committee
December 16, 2004Royal AssentRoyal Assent received-
December 15, 2004Third ReadingCarried on division-
December 14, 2004Third ReadingDebate-
December 9, 2004-Ordered for Third Reading-
December 9, 2004-Reported as amended-
December 1, 2004-Consideration of a BillStanding Committee on General Government
November 2, 2004-Ordered referred to Standing CommitteeStanding Committee on General Government
November 2, 2004Second ReadingCarried on division-
November 1, 2004Second ReadingDebate-
October 26, 2004Second ReadingDebate-
October 25, 2004Second ReadingDebate-
October 13, 2004Second ReadingDebate-
June 10, 2004First ReadingCarried-

Debates and Progress

First Reading

June 10, 2004
Minister's statement and Mr. Runciman and Mr. Kormos

Second Reading

Debate
October 13, 2004
Mr. Watson, Mr. McMeekin, Mr. Barrett, Mr. Kormos, Mr. Delaney, Mr. Baird, Mr. Martiniuk, Mr. Dunlop, Mr. Runciman, Mr. Sergio, Mr. Murdoch, Mr. Bisson

October 25, 2004
Mr. Orazietti, Mr. Miller, Mr. Flynn, Mr. Dunlop, Mr. Lalonde, Mr. Kular, Mr. McMeekin, Mr. Hudak, Ms. Mossop, Mr. O'Toole, Ms. Martel, Mrs. Sandals, Mr. Ouellette, Mr. McNeely, Mr. Leal, Mr. Wong, Mr. Bisson, Mrs. Cansfield, Mr. Yakabuski

October 26, 2004
Mr. Prue, Mr. Patten, Mrs. Witmer, Ms. Horwath, Mr. Berardinetti, Mr. Wilson, Mr. Wilkinson, Mr. Jackson, Mr. Bisson

November 1, 2004
Vote deferred.

November 2, 2004
Carried on division. Referred to the Standing Committee on General Government.

Committee

Standing Committee on General Government

December 1, 2004
December 6, 2004
December 8, 2004

December 9, 2004
Reported to the House as amended. Declared carried. Ordered for third reading.

Third Reading

Debate
December 14, 2004
Mr. Watson, Mr. Martiniuk, Ms. Churley, Mr. McMeekin, Mr. Hudak, Mr. Marchese

Vote deferred.

December 15, 2004
Carried on division.

Note for Royal Assent

The Lieutenant Governor gave Royal Assent in his office on December 16, 2004; announced in the House on February 15, 2005. See Votes and Proceedings, February 15, 2005

Royal Assent: Thursday, December 16, 2004

Coming into force:Proclamation

Acts Affected: Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-Laws.

Liquor Licence Act