Smart Serve Ontario Ontario Liquor Laws 2 — Questions and Answers
Question 1: Under Ontario law, who can be held liable if an intoxicated patron causes injury after leaving a licensed establishment?
- Only the patron themselves
- Only the establishment owner
- The server, the licensee, and the establishment (Correct answer)
- Only the police
Correct answer: The server, the licensee, and the establishment
Ontario law allows for liability to extend to the server, licensee, and establishment if they failed in their duty of care by over-serving an intoxicated patron who then causes harm.
Question 2: What is the 'last drink' rule in Ontario liquor liability?
- The last drink must always be non-alcoholic
- The last establishment to serve a patron may bear greater liability (Correct answer)
- Patrons must order their last drink 30 minutes before closing
- Servers must announce last call one hour before closing
Correct answer: The last establishment to serve a patron may bear greater liability
The 'last drink' rule means the last establishment to serve alcohol to a patron who subsequently causes harm may bear a disproportionately greater share of legal liability.
Question 3: Which of the following acts governs the sale and service of alcohol in Ontario?
- Criminal Code of Canada
- Liquor Licence and Control Act, 2019 (Correct answer)
- Ontario Health Protection Act
- Food and Drugs Act
Correct answer: Liquor Licence and Control Act, 2019
The Liquor Licence and Control Act, 2019 (LLCA) is the primary provincial legislation governing the sale, service, delivery, and consumption of alcohol in Ontario.
Question 4: What is the legal blood alcohol concentration (BAC) limit for drivers aged 21 and under in Ontario?
- 0.05%
- 0.08%
- Zero (0.00%) (Correct answer)
- 0.02%
Correct answer: Zero (0.00%)
Ontario has a zero BAC requirement for drivers aged 21 and under as part of its graduated licensing program, meaning any detectable alcohol is a violation.
Question 5: How many pieces of identification can a server request to verify a patron's age in Ontario?
- Only one
- Up to two
- Up to three
- As many as they deem necessary (Correct answer)
Correct answer: As many as they deem necessary
A server has the right to request as many pieces of identification as they feel necessary to verify a patron's age. There is no maximum limit, and if they are not satisfied, they may refuse service.
Question 6: What is the penalty for a licensee found operating outside their permitted hours of service in Ontario?
- A verbal warning only
- Automatic licence revocation
- Fines, licence suspension, or revocation depending on severity (Correct answer)
- No penalty if no complaints are filed
Correct answer: Fines, licence suspension, or revocation depending on severity
Operating outside permitted hours can result in escalating penalties including monetary fines, temporary licence suspension, or permanent revocation depending on the severity and frequency of violations.
Smart Serve Ontario Ontario Liquor Laws 2
Under Ontario law, who can be held liable if an intoxicated patron causes injury after leaving a licensed establishment?