Personal and Entity Disclosure Requirements Guide

Last Updated: 
2020-02-28

Businessmen shaking hands

Liquor Licences and Authorizations

This section outlines the personal and entity disclosure requirements when applying for the following:

  • Beer and Cider Authorization

  • Beer and Wine Authorization

  • Ferment on Premise Facility Licence

  • Licence to Represent a Manufacturer

  • Liquor Delivery Service Licence

  • Liquor Sales Licence

  • Liquor Sales Licence – Manufacturer’s Tied House

  • Mini Bar Licence

  • Manufacturer’s Licence – Brewery

  • Manufacturer’s Licence – Distillery

  • Manufacturer’s Licence – Winery

Requirements

When applying for a Licence under the Liquor Licence Act (LLA), and/or an Authorization under the Liquor Control Act (LCA), you will be required to provide the name of any individual or entity that:

  • has or will have a direct or indirect interest in the entity
  • has or will have a key management or operational role
  • holds 10% or more of any class ofshares

Personal Disclosure information must be provided by all of the following persons:

  • Sole Proprietor
  • All Officers and/or Directors
  • All Partners
  • Any shareholder holding 10% or more of any class of shares*
  • On-site manager, if applicable

*Not required for a Beer and Cider or Beer and Wine Authorization.

Entity disclosure information must be provided by the applicant corporation and by all corporations directly or indirectly holding 10% or more of any class of shares.

Gaming Registrations

This section outlines the personal and entity disclosure requirements when applying for the following registrations:

  • Gaming Assistant
  • Operator
  • Seller
  • Supplier
  • Trade Union

Definitions

Affiliate: An organization that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another organization.

Entity: Includes any corporation, partnership, limited partnership, sole proprietorship, trust, joint venture or other form of business association.

Principal Employee:

  • an individual who negotiates or sets prices on behalf of the applicant with an operator of an Ontario gaming site
  • an individual who has signing authority related to the applicant’s business dealings with an Ontario gaming site
  • an individual who has or will have ultimate decision-making authority over the applicant’s day-to-day business dealings with an operator of an Ontario gaming site.

Shareholder: An individual or entity that holds ownership through shares in a corporation.

Subsidiary: A corporation controlled by another corporation.

Personal Disclosure Requirements

Personal Disclosure information must be provided by all of the following persons:

  1. An individual who is applying for registration as a Gaming Assistant.
  2. An individual associated with a Seller who currently oversees the sale of break open tickets and/or OLG products, including:
    • sole proprietor
    • partners of the partnership
    • general partner(s) of the limited partnership
    • officer(s), director(s) and/or shareholder(s) of the corporation
    • board member(s) of the association
  3. Any of the following individuals associated with a Supplier that is applying for registration:
    • A sole proprietor (in the case of an applicant that is a sole proprietor)
    • A partner (in the case of an applicant that is a partnership)
    • An officer or director of an applicant corporation and/or any parent or holding corporations
    • A shareholder holding 5% or more of any shares of an applicant corporation
    • A trustee and beneficiary of any trusts that hold any shares or interest in an applicant and/or its parent or holding corporations
    • A principal employee, as defined in the Definitions section above.
  4. An individual who performs any of the following functions as part of a Trade Union:
    • Negotiates or administers a collective agreement which governs the wages, hours, working conditions or conditions of employment of any casino or slot machine facility (i.e. racetrack) employee in Ontario
    • Grievance representation
    • Solicits, collects or receives any dues, assessments, levies, fines, contributions or other charges within Ontario for or on behalf of the trade union from any Ontario casino or slot machine facility employees
    • Acts as an officer, member of the governing body, business agent or in any other policy-making or supervisory position in the trade union
    • For compensation, advises, represents or provides other assistance to a trade union concerning any Ontario casino or slot machine facility employees with respect to those activities listed in a), c) and/or d) above.

Entity Disclosure Requirements

Entity Disclosure information must be provided by all of the following:

  1. An entity that is applying for registration as a:
    • Gaming-Related Supplier
    • Non-Gaming-Related Supplier
    • Operator
  2. A corporate shareholder (including a parent or holding corporation) holding 5% or more of any shares of an applicant corporation
  3. An entity with an interest in the applicant.

Entity Disclosure is not required for corporations affiliated to an applicant through common ownership and/or subsidiaries of an applicant corporation unless requested by the Registrar.

Entity/individual disclosure information must be provided by applicant corporations and by all corporations directly or indirectly holding 5% or more of shares.

Cannabis Retail Licences and Authorizations

This section outlines the personal and entity disclosure requirements when applying for the following:

  • Cannabis Retail Operator Licence
  • Cannabis Retail Store Authorization
  • Cannabis Retail Manager Licence

Definitions

Affiliate: Has the meaning as set out in Ontario Regulation 468/18.

Entity: Includes any corporation, partnership, limited partnership, sole proprietorship, trust or other form of business association.

Shareholder: An individual or entity that holds ownership through shares in a corporation.

Subsidiary: A corporation controlled by another corporation.

Personal Disclosure Requirements

Personal Disclosure information must be provided by all of the following persons:

  1. An individual who is applying for a Retail Manager Licence.
  2. Any of the following individuals associated with a Retail Operator that is applying for a licence or :
  • A sole proprietor (in the case of an applicant that is a sole proprietor)
  • A partner (in the case of an applicant that is a partnership)
  • An officer or director of an applicant corporation and/or any parent or holding corporations
  • A shareholder holding 10% or more of any shares of an applicant corporation
  • A trustee and beneficiary of any trusts that hold any shares or interest in an applicant and/or its parent or holding corporations

Entity Disclosure Requirements

Entity Disclosure information must be provided by all of the following:

  1. An entity that is applying for a:
  • Cannabis Retail Operator Licence
  • Cannabis Retail Store Authorization
  1. A corporate shareholder (including a parent or holding corporation) holding 10% or more of any shares of an applicant corporation
  2. An entity with an interest (as defined in the Cannabis Licence Act, 2018) in the applicant.

Entity Disclosure is not required for corporations affiliated to an applicant unless requested by the Registrar.

Entity/individual disclosure information must be provided by applicant corporations and by all corporations directly or indirectly holding 10% or more of shares.

Horse Racing Industry Licences

This section outlines the personal and entity disclosure requirements when applying for the following:

  • Horseperson
  • Racetracks
  • Fairs
  • Teletheatres
  • Pari-Mutuel Operators
  • Claiming Certificates
  • Estate/Trust and Stable Licences
  • Thoroughbred/Quarter Horse Leases
  • Partnership Registrations

Definitions

Sole Proprietorship - The business is owned by one individual and is NOT an incorporated business.

Corporation - The business is incorporated.

Partnership - The business is owned by two or more partners who carry on business together, registered under the Partnerships Act or Limited Partnership Act.

Shareholder - An individual or entity that holds ownership through holding shares.

Racetrack Operator Licence

Applicants applying for a Racetrack Operator licence will be required to provide the name of any associated individuals, entities or corporations as follows:

  • Officers and Directors
  • Key employees*
  • Shareholders holding 5% or more ownership interest.

*Key employees are those in areas of responsibility affecting the operation of the racetrack.  These employees must hold a valid Association Official licence.

Persons named above will be required to provide personal disclosure information.  Entities will be required to provide details of incorporation as well as a schematic diagram of corporation relationships.

Stable Licences – Standardbred, Thoroughbred, Quarter Horse

Applicants applying for a stable licence must:

  • Be active participants in the breed of racing for which they are applying to be licenced
  • Provide a list of names of directors, shareholders and partners required under rule to be licensed
  • Standardbred stables must first be registered with Standardbred Canada or the United States Trotting Association

Estate/Trust Licences: Standardbred, Thoroughbred, Quarter Horse

Applicants applying for an Estate/Trust licence must:

  • Be active participants in the breed of racing for which they are applying to be licenced
  • Provide a list of names of directors, shareholders and partners required under the rule to be licensed
  • Ensure the representative of the estate/trust has a valid AGCO Owner Licence
  • Ensure that any individual or entity holding or controlling five per cent (5%) or more of an entity is licensed appropriately for that ownership (e.g. Owner, Stable Licence, Partnership Registration)

Fair or Non-Extended Meet Licences

Applicants applying for a Fair or Non-Extended Meet licence, who are Directors, must provide disclosure information.

Key employees are required to have a valid Association Official licence.

 

Horse Racing Registrations

Teletheatre Location Registration

  • All individuals involved in the Teletheatre operation (e.g. site manager) will be required to provide disclosure information
  • In case of a company, the above individuals must include all partners, officers, directors and shareholders with an interest of 5% or more.
  • The proposed site may hold a current, valid liquor licence in the name of the current owner(s). In the case of a company, the entity holding this licence will be required to provide details of incorporation or other proof of existence. Should the site not hold a liquor licence, other documentation will be required.
  • The application for a Teletheatre Location Registration must be completed by the operator of the premises where the Teletheatre will be located.
  • Federal regulation requires that teletheatres be operated by an association. An agreement with an AGCO licensed Racetrack Operator is required.
  • Special Event Teletheatre Registration and Teletheatre Location Registration applicants must advise their local municipality and local horseperson’s association of their application.
  • Teletheatre Location Registration applicants will be required to provide:
    • confirmation from their associated racetrack confirming their intent to open a teletheatre location at the proposed site
    • one or more of the following documents, varying based on the location’s business structure: Certificate or Articles of Incorporation; Charter/By-Laws; Partnership Agreement; Limited Partnership Agreement; Limited Partnership Declaration; Shareholder’s Agreement; Trust Agreement; Letter of Good Standing (for Horse Racing only); any other constituting documentation relevant to the entity

NOTE: Teletheatre Location Registration applicants are required to submit their own AGCO application via the iAGCO online portal. For more information on iAGCO, visit the iAGCO Information page.

Partnership Registration – Thoroughbred and Quarter Horse

Applicants applying for a partnership registration must provide the following information about each individual and/or entity that have or will have a direct or indirect interest in the partnership and/or a key management or operational role:

  • Full name and position / title of individuals, or legal name of entities
  • Legal Address
  • Licence Number (if applicable)
  • % of Ownership Interest

Note: Any individual or entity holding or controlling five per cent (5%) or more of an entity must be licensed appropriately for that ownership (i.e. Owner, Stable Licence, Partnership Registration).

Key employees are required to submit an application for an Association Official licence.

Standardbred corporations must disclose the number of shareholders. If there are less than 10 shareholders, every director and shareholder must be licensed. For 10 or more shareholders but less than 50, every director and shareholder with 5% or more with voting rights needs to be licensed. For 50 or more shareholders, all directors, officers, members of the board, any person responsible for activities of the corporation, and any shareholder with 5% or more of voting rights must be licensed.

Note: Up to 2 people in a corporation can remain unlicensed if (1) they have no beneficial interest (i.e. no voting rights), (2) are not an active participant or (3) hold less than 1% of voting rights.

Standardbred general partnerships must disclose the number of partners. If there are 5 or more partners, the partnership, manager and every partner must be licensed.

For Thoroughbred general partnerships, applicants with an interest in more than one racing entity must be licensed (regardless of the percentage of ownership).