The Government of Ontario has amended Regulation 746/21 under the Liquor Licence and Control Act, 2019 establishing a new framework for temporary outdoor physical extensions (temporary patios), which takes effect on January 1, 2023. These changes impact liquor sales licence holders and manufacturer by-the-glass endorsement holders.

Starting on January 1, 2023:

Licensees in Municipalities:

  • Must get approval of your temporary patio from your local municipality
  • Must notify the AGCO of your approval, the duration of your approval and any conditions on the approval

Licensees on First Nations Reserves:

  • Must get approval from the AGCO, unless the Band Council has chosen to manage temporary patio approvals (see Temporary Patios on First Nation Reserves)
  • Must notify the AGCO of any temporary patios approved by a Band Council, the duration of your approval and any conditions on the approval

Licensees in Unorganized Areas

  • Must apply online to the AGCO for approval through the iAGCO portal.

New Authorities and Responsibilities

Effective January 1, 2023, individual municipalities and First Nations Band Councils will: 

  • Have the authority to approve temporary patios for up to eight months total in a calendar year (does not need to be eight consecutive months) for liquor sales licensees and by-the-glass endorsement holders
    • Have the option to approve for less than eight months, if they wish
  •  Have the authority to specify conditions on the approval 

The existing Registrar Policy for temporary patio approvals will no longer be in effect.   

The AGCO will no longer accept applications or have the authority to approve temporary patios for licensees located in municipalities.

Licensees must continue to apply to the AGCO for permanent physical extensions, temporary indoor physical extensions and temporary patios in unorganized territories or on First Nations Reserves where Band Councils do not manage the approval process.

  

Authority Overview

Where to seek approval for a extension of licensed premises infographic. See table version below for contents.

Text version of above infographic

 

Extension Type 

Where to seek approval for a physical extension of a licensed premises

 

 

If you are located in a Municipality 

If you are located in an Unorganized Area 

If you are located on a reserve 

If you are located on a reserve where the Band Council is managing approvals

Temporary outdoor (patio)

Municipality (NEW) 

AGCO

AGCO 

Band Council (NEW) 

Temporary indoor 

AGCO

AGCO

AGCO  

AGCO

Permanent (outdoor & indoor)

AGCO

AGCO

AGCO

AGCO

Contact Information

For questions about approval requirements unique to your municipality or First Nations reserve where your establishment is located, contact your municipality or First Nations Band Council. 

If you require additional information, your local AGCO Inspectors are here to help educate and support you. If you are unsure who your Inspector is, please email Compliance@agco.ca with your licensed establishment address to get connected. 

AGCO Customer Service is available online via the iAGCO portal or by phone Monday to Friday from 8:30 am – 5:00 pm at 416-326-8700 or (toll free) 1-800-522-2876. 

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