Alcohol and Gaming Commission of Ontario Act, 2019, S.O. 2019, c. 15, Sched. 1

CONTENTS Interpretation 1. Definitions 1.1 Crown agent Alcohol and Gaming Commission of Ontario 2. Commission continued 3. Objects 4. General powers Board of Directors 5. Board of directors 6. Powers and duties of the board Registrar, Employees, etc. 7. Registrar 8. Registrar’s certificate 9. Employees, officers 10. Crown liability 10.1 Commission liability 10.2 Proceedings barred Financial Matters and Monetary Penalties 11. Funding 12. Certain financial powers and duties 12.1 Fiscal year, audits 13. Fees and charges 14. Monetary penalties 15. Annual report Regulations 16. Regulations Interpretation Definitions 1 (1) In this Act, “Commission” means the Alcohol and Gaming Commission of Ontario continued under subsection 2 (1); (“Commission”) “Minister” means the minister responsible for the administration of this Act; (“ministre”) “prescribed” means prescribed by the regulations; (“prescrit”) “Registrar” means the Registrar appointed by the board of directors of the Commission; (“registrateur”) “regulations” means the regulations made under this Act. (“règlements”) 2019, c. 15, Sched. 1, s. 1 (1); 2020, c. 36, Sched. 1, s. 1; 2024, c. 20, Sched. 9, s. 29 (1). Alcohol, cannabis, gaming and horse racing statutes (2) For the purposes of this Act, the following are the alcohol, cannabis, gaming and horse racing statutes: 1. The Liquor Licence and Control Act, 2019. 2. The Cannabis Licence Act, 2018. 3. The Gaming Control Act, 1992. 4. The Horse Racing Licence Act, 2015. 2019, c. 15, Sched. 1, s. 1 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 1 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (1) – 12/05/2025 Crown agent 1.1 (1) The Commission is an agent of the Crown in right of Ontario. 2020, c. 36, Sched. 1, s. 2. (2) Repealed: 2024, c. 20, Sched. 9, s. 29 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 2 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (2) - 12/05/2025 Alcohol and Gaming Commission of Ontario Commission continued 2 (1) The Alcohol and Gaming Commission of Ontario is continued as a corporation without share capital. 2019, c. 15, Sched. 1, s. 2 (1). Board of directors (2) The Commission shall have a board of directors consisting of the members appointed in accordance with subsection 5 (1). 2019, c. 15, Sched. 1, s. 2 (2). Non-application of Corporations Information Act (3) The Corporations Information Act does not apply to the Commission. 2019, c. 15, Sched. 1, s. 2 (3). Non-application of Corporations Act (4) Subject to subsection (5), the Not-for-Profit Corporations Act, 2010 does not apply to the Commission. 2019, c. 15, Sched. 1, s. 2 (4); 2019, c. 15, Sched. 1, s. 17. Regulations (5) The regulations may specify provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Commission, with or without any prescribed modifications. 2019, c. 15, Sched. 1, s. 2 (5); 2019, c. 15, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 17 - 29/11/2021 Objects 3 (1) The Commission has the following objects: 1. To exercise the powers and perform the duties assigned under this or any other Act to the Commission. 2. To administer the alcohol, cannabis, gaming and horse racing statutes and the regulations made under them. 3-5 Repealed: 2024, c. 20, Sched. 9, s. 29 (3). 6. To engage in such other activities as may be prescribed. 2019, c. 15, Sched. 1, s. 3 (1); 2020, c. 36, Sched. 1, s. 3; 2024, c. 20, Sched. 9, s. 29 (3). Duty to act in the public interest (2) The Commission shall exercise its powers and perform its duties in the public interest and in accordance with the principles of honesty and integrity, and social responsibility. 2019, c. 15, Sched. 1, s. 3 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 3 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (3) - 12/05/2025 General powers 4 (1) Except as limited by this Act, the Commission has the capacity, rights and powers of a natural person for carrying out its objects. Cabinet approval (2) The Commission shall not exercise the following powers without the approval of the Lieutenant Governor in Council: 1. Acquiring, disposing of, leasing, mortgaging, charging or otherwise transferring or encumbering any interest in real property, except for leasing space that is reasonably necessary for the purposes of the Commission. 2. Borrowing or lending money. 3. Pledging, charging or encumbering any of its personal property. 4. Creating a subsidiary. 4.1 Repealed: 2024, c. 20, Sched. 9, s. 29 (4). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 4 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (4) - 12/05/2025 Board of Directors Board of directors 5 (1) The board of directors of the Commission consists of not more than 11 members appointed by the Lieutenant Governor in Council. Remuneration (2) The members are entitled to be paid remuneration and reimbursement for reasonable expenses as determined by the Lieutenant Governor in Council. Chair and vice-chairs (3) The Lieutenant Governor in Council shall designate one of the members as the chair and may designate one or more members as vice-chairs. Acting chair (4) If the chair is absent or unable to act, or if the office of the chair is vacant, a vice-chair shall act as the chair. Same (5) If the chair and vice-chairs are absent, the members present shall appoint an acting chair from among themselves. Quorum (6) A majority of the members constitutes a quorum of the board. Powers and duties of the board 6 (1) The board of directors of the Commission shall manage and supervise the activities and affairs of the Commission. 2019, c. 15, Sched. 1, s. 6 (1). By-laws (2) The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Commission. 2019, c. 15, Sched. 1, s. 6 (2). Guidelines (3) The board may establish guidelines governing the exercise of any of the powers and the performance of any duties under this Act or the administration of this Act and any of the alcohol, cannabis, gaming and horse racing statutes. 2019, c. 15, Sched. 1, s. 6 (3). Delegation of powers and duties (4) The board of directors of the Commission may delegate, in writing, any of its powers and duties to any committee of the board or to one or more officers or employees of the Commission, other than the power to, (a) make, amend or repeal by-laws of the Commission; (b) establish fees and charges under section 13; and (c) establish a schedule of monetary penalties under section 14. 2020, c. 36, Sched. 1, s. 5. (4.1) Repealed: 2024, c. 20, Sched. 9, s. 29 (5). Conditions (5) A delegation made under subsection (4) is subject to any conditions set out in the delegation. 2019, c. 15, Sched. 1, s. 6 (5). Duty to inform Minister (6) The board shall, (a) inform the Minister of any matters that are of an urgent, critical or relevant nature and that are likely to require action by the Commission or the Minister to ensure that the Commission is able to properly carry out its objects and advise the Minister with respect to such matters; and (b) advise or report to the Minister on any matter that the Minister may refer to the Commission relating to this Act or to the administration of any of the alcohol, cannabis, gaming and horse racing statutes. 2019, c. 15, Sched. 1, s. 6 (6). Information (7) The board may require that any information related to the administration of this Act or of any of the alcohol, cannabis, gaming and horse racing statutes be provided in a manner approved by the board. 2019, c. 15, Sched. 1, s. 6 (7). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 5 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (5) - 12/05/2025 6.1 Repealed: 2024, c. 20, Sched. 9, s. 29 (6). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 6 (1, 2) - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (6) - 12/05/2025 Registrar, Employees, etc. Registrar 7 (1) The board of directors of the Commission shall appoint a Registrar for the purposes of this Act, the alcohol, cannabis, gaming and horse racing statutes and any regulations made under them. 2019, c. 15, Sched. 1, s. 7 (1). Deputy Registrars (2) The Registrar may appoint one or more Deputy Registrars and may delegate his or her powers or duties to them, subject to any conditions set out in the delegation. 2019, c. 15, Sched. 1, s. 7 (2). (3) Repealed: 2024, c. 20, Sched. 9, s. 29 (7). Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 9, s. 29 (7) - 12/05/2025 Registrar’s certificate 8 (1) The Registrar may issue a certificate that contains information concerning any of the following matters with respect to this Act or any of the alcohol, cannabis, gaming and horse racing statutes: 1. The issuance or non-issuance of a licence, permit, authorization or endorsement. 2. The registration or non-registration of any person. 3. The filing or non-filing of any document or material required to be filed with the Commission. 4. The time when the facts upon which a proceeding is based first came to the knowledge of the Registrar. 5. Any other matter pertaining to any licence, permit, authorization, registration or endorsement under the alcohol, cannabis, gaming and horse racing statutes or to the filing or non-filing of any document under those Acts. Admissibility of certificate (2) The certificate is, without proof of the office or signature of the Registrar, receivable in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate. Employees, officers 9 (1) The Commission may employ such individuals as it considers necessary for the proper conduct of its business. 2024, c. 20, Sched. 9, s. 29 (8). Same (2) The Commission may, subject to the Minister’s approval, establish job categories, salary ranges and conditions of employment for its employees and officers who are not members of a bargaining unit as defined in the Labour Relations Act, 1995. 2024, c. 20, Sched. 9, s. 29 (8). Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 9, s. 29 (8) - 12/05/2025 Crown liability No personal liability 10 (1) No cause of action arises against any current or former minister, deputy minister, officer or employee of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or any of the alcohol, cannabis, gaming and horse racing statutes, or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2024, c. 20, Sched. 9, s. 29 (8). Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2024, c. 20, Sched. 9, s. 29 (8). No liability for acts or omissions of others (3) No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act or any of the alcohol, cannabis, gaming and horse racing statutes. 2024, c. 20, Sched. 9, s. 29 (8). Transition (4) For greater certainty, this section, as it read immediately before the day subsection 29 (8) of Schedule 9 to the Building Ontario For You Act (Budget Measures), 2024 came into force, continues to apply with respect to any matter to which it applied before that day. 2024, c. 20, Sched. 9, s. 29 (8). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 7 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (8) - 12/05/2025 Commission liability 10.1 (1) No cause of action arises against any current or former director, officer or employee of the Commission for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or any of the alcohol, cannabis, gaming and horse racing statutes or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2024, c. 20, Sched. 9, s. 29 (8). Commission vicariously liable (2) This section does not relieve the Commission of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2024, c. 20, Sched. 9, s. 29 (8). Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 9, s. 29 (8) - 12/05/2025 Proceedings barred 10.2 (1) No proceeding shall be commenced, (a) against any person specified in subsection 10 (1) in respect of a matter referred to in that subsection; (b) against the Crown or any person specified in subsection 10 (1) in respect of a matter referred to in subsection 10 (3); or (c) against any person specified in subsection 10.1 (1) in respect of a matter referred to in the applicable subsection. 2024, c. 20, Sched. 9, s. 29 (8). Same (2) Subsection (1) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit. 2024, c. 20, Sched. 9, s. 29 (8). Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 9, s. 29 (8) - 12/05/2025 Financial Matters and Monetary Penalties Funding 11 Money required for the purpose of this Act shall be paid out of the money appropriated for that purpose by the Legislature. Certain financial powers and duties 12 (1) Subject to the approval of Treasury Board, the Commission may direct the Ontario Lottery and Gaming Corporation or iGaming Ontario to pay to the Commission such money as it directs, and that money may be used for the purposes of the Commission. 2019, c. 15, Sched. 1, s. 12 (1); 2024, c. 20, Sched. 9, s. 29 (9). Monetary penalties received (2) If the Commission receives money from monetary penalties imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes, the money may only be used for the following purposes: 1. Public awareness, education and training programs for the general public in relation to alcohol, cannabis, gaming and horse racing. 2. Education and training programs for licence holders, permit holders, authorization holders, registrants and other persons governed by the alcohol, cannabis, gaming and horse racing statutes. 2019, c. 15, Sched. 1, s. 12 (2). Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 9, s. 29 (9) -12/05/2025 Fiscal year, audits Fiscal year 12.1 (1) The Commission’s fiscal year begins on April 1 in a year and ends on March 31 in the following year. 2024, c. 20, Sched. 9, s. 29 (10). Audits (2) The accounts and financial transactions of the Commission shall be audited annually by the Auditor General. 2024, c. 20, Sched. 9, s. 29 (10). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 8 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (10) - 12/05/2025 Fees and charges 13 (1) The board of directors of the Commission may, (a) establish fees or other charges, subject to the approval of the Minister; (b) provide for the waiver of fees and charges; and (c) provide for refunds for the purposes of this Act and the administration of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them. Not regulations (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to any document created under subsection (1) governing fees or charges. Publication (3) The Registrar shall publish any document establishing fees or charges on the Commission’s website or by any other method that may be prescribed. Monetary penalties Definition 14 (1) In this section, “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. Schedule of monetary penalties (2) Subject to the approval of the Minister, the board of directors of the Commission may establish a schedule of monetary penalties that may be imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them. Not regulations (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to the schedule of monetary penalties. Publication (4) The Registrar shall publish the schedule of monetary penalties on the Commission’s website or by any other method that may be prescribed. Registrar’s power to impose penalties (5) The Registrar may impose monetary penalties set out in the schedule of monetary penalties by serving notice of the monetary penalty. Guidelines to be considered (6) In determining whether to impose a monetary penalty, the Registrar shall have regard to any guidelines governing the imposition of such penalties established by the board under subsection 6 (3). Appeal (7) Subject to subsection (8), a person on whom a monetary penalty is imposed may appeal to the Tribunal by serving a written request on the Tribunal and the Registrar within 15 days after the Registrar serves notice of the monetary penalty. No appeal re rules of racing (8) The Registrar’s decision to impose a monetary penalty for contravening the rules of racing made under the Horse Racing Licence Act, 2015 may not be appealed to the Tribunal. Procedure on appeal (9) A hearing before the Tribunal shall be held in accordance with the Licence Appeal Tribunal Act, 1999. Powers of Tribunal on hearing (10) Upon holding a hearing, the Tribunal may confirm the monetary penalty or set it aside. Decision final (11) A decision of the Tribunal under subsection (10) is final. Annual report 15 (1) The Commission shall prepare an annual report, provide it to the Minister and make it available to the public. Same (2) The Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. Same (3) The Commission shall include such additional content in the annual report as the Minister may require. Tabling of annual report (4) The Minister shall table the Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. Regulations Regulations 16 The Lieutenant Governor in Council may make regulations, (a) respecting anything that, in this Act, may or must be prescribed, done, specified or provided for in the regulations; (b) governing transitional matters that may arise from the implementation of this Act, including any amendments made to it, or from any repeal of a provision by Schedule 2 to the Plan to Build Ontario Together Act, 2019; (c) respecting any other matter necessary to facilitate the implementation of this Act. 2024, c. 20, Sched. 9, s. 29 (11). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 1, s. 9 - 29/11/2021 2024, c. 20, Sched. 9, s. 29 (11) - 12/05/2025 17 Omitted (provides for amendments to this Act). 18-24 Omitted (amends, repeals or revokes other legislation). 25 Omitted (provides for coming into force of provisions of this Act). 26 Omitted (enacts short title of this Act). ______________