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The Alcohol and Gaming Commission of Ontario (AGCO) is strengthening efforts to protect youth through updates to its Mystery Shop Program.
Under this strengthened approach, Youth Compliance Monitors will work alongside AGCO Inspectors to monitor compliance to ensure the safe, responsible and lawful sale of age-restricted products such as alcohol and cannabis. Youth Compliance Monitors are individuals aged 16-18 appointed by the Registrar and employed by the AGCO.
What is changing?
Working alongside an AGCO Inspector, Youth Compliance Monitors will visit licensed stores and establishments and attempt to purchase age-restricted products as part of an authorized AGCO compliance program conducted in accordance with legislative and regulatory authority.
If a Youth Compliance Monitor successfully purchases such a product, the licensee will be cited for a violation under the Liquor Licence and Control Act, 2019 or the Cannabis Licence Act, 2018, and may face enforcement action.
What does this mean for me?
Selling age-restricted products to minors is a serious violation under both the Liquor Licence and Control Act, 2019 and the Cannabis Licence Act, 2018.
Licensees found in violation may face monetary penalties or more severe regulatory sanctions (including licence conditions, suspensions, or revocation) based on the circumstances and compliance history.
Why this approach?
This enhanced approach aligns with best practices commonly used in other jurisdictions to protect youth from accessing age-restricted products.
The AGCO has a mandate to monitor compliance with laws that prohibit the sale of alcohol and cannabis products to minors and to ensure that education efforts are complemented by strong enforcement measures when violations occur. This is a key part of the AGCO’s commitment to reducing harm to the public in the sectors it regulates.
Know your regulatory requirements
Licensees have a legal responsibility not to sell, serve or supply liquor or cannabis to anyone under the age of 19.
Cannabis retailers:
- Under Ontario Regulation 468/18 (section 20), you must request identification from anyone who appears to be under 25 years old and confirm that they are at least 19 years of age before allowing them to enter the store.
- The Cannabis Control Act, 2017 (section 7) prohibits the sale of cannabis to persons under the age of 19.
Liquor licensees:
- Under Ontario Regulation 746/21: Licensing (section 9), you must check and verify identification of anyone who appears under 19 years of age before selling or serving liquor.
- The Liquor Licence and Control Act, 2019 (section 33(1)(b)) prohibits the sale of liquor to a person who appears to be under 19 years of age.
- The Registrar’s Standards for Grocery and Convenience Stores (5.3) and the Registrar’s Interim Standards and Requirements for Liquor (5.14) prohibit the possession of liquor by minors in retail stores.
Helpful links
- Mystery Shop Program
- Checking ID Tip Sheet
- Liquor Licence and Control Act, 2019
- Ontario Regulation 746/21
- Cannabis Licence Act, 2018
- Ontario Regulation 468/18
- Cannabis Control Act, 2017, s. 7
Contact the AGCO for more information
AGCO Inspectors are available to provide assistance. If you have questions about the enhanced program, please email Compliance@agco.ca.
Contact the AGCO anytime via the iAGCO online portal or call AGCO Customer Service Monday to Friday from 8:30 a.m. to 5:00 p.m. at 416-326-8700 or toll-free at 1-800-522-2876.