Anaya Nolan
Canada's public drinking laws are often confusing, with varying rules at the federal, provincial, and municipal levels. While public drunkenness is only illegal if it causes a disturbance, with penalties of up to six months in jail or a $5000 fine, each province has its own liquor laws, and open liquor is not listed as a crime in the Criminal Code. With the exception of Quebec, possession of open containers of alcohol in public spaces like parks and beaches is generally a violation of provincial acts and municipal bylaws. Fines differ from province to province and can start from $100 and go up to $672 for being caught with an open liquor bottle in public.
| Characteristics | Values |
|---|---|
| Open liquor listed as a crime in the Criminal Code | No |
| Province responsible for its liquor laws | Yes |
| Open container defined | Seal is broken or the bottle is open |
| Open liquor permitted in private residences | Yes |
| Open liquor permitted in licensed establishments | Yes |
| Open liquor permitted in licensed events | Yes |
| Open liquor permitted in provincial campgrounds | Yes |
| Open liquor permitted on planes | Yes |
| Open liquor permitted on trains | Yes |
| Open liquor permitted while operating a boat | No |
| Open liquor permitted in vehicles | No |
| Fine for open liquor in public | $100 to $672 |
| Additional fine for public intoxication | $5,000 |
| Jail time for public intoxication | 6 months |
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What You'll Learn
Open liquor laws in Canada vary across provinces
Open liquor is not listed as a crime in the Criminal Code, and each province is responsible for its own liquor laws. Generally, open liquor is only permitted in private residences, licensed establishments, or events that require licensing. However, some provinces have allowed open containers in provincial campgrounds, and some relaxed outdoor drinking rules during the coronavirus pandemic. Drinking and driving is illegal, and if you are found to be impaired by alcohol and are caught with an open container, you could be detained until you sober up.
In Quebec, laws on the consumption of alcohol in public are more relaxed than in the rest of Canada. Alcohol may be consumed in public parks when accompanied by food, and in Montreal, the police do not generally check for food accompanying alcoholic drinks in public parks. In contrast, drinking in public in Ontario is illegal under the Liquor License and Control Act, with fines ranging from $100 to $175. In British Columbia, the penalty for possession of an open container is also a fine, as per the Liquor Licence Act, sec 31(2). Fines differ from province to province and can start at about $100 and go up to $672 for being caught with open liquor in public.
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Drinking in public in Quebec
Canada's Criminal Code does not explicitly regulate public drinking, but it does include a provision that makes public drunkenness illegal. Section 175 (1) (a)(ii) of the code states that causing "a disturbance in or near a public place by being drunk" is a summary conviction offence. This means that public drinking laws vary at the federal, provincial, and municipal levels, leading to a patchwork of regulations across the country.
In Quebec, the laws on the consumption of alcohol in public are more relaxed than in the rest of Canada. Notably, in Montreal, alcohol may be consumed in public parks when accompanied by food, including snacks. Generally, the police do not check for food accompanying alcoholic drinks in these parks, and Mount Royal is known for its very relaxed drinking rules. However, drinking while riding public transit is forbidden.
Quebec is also unique in that it is one of the only provinces where possession of open containers of alcohol in public does not violate provincial laws and municipal bylaws. Open liquor is typically only permitted in private residences, licensed establishments, or events that require licensing. However, some provinces, including Quebec, allow open containers in provincial campgrounds, and several provinces loosened outdoor drinking rules during the coronavirus pandemic.
It is important to note that while Quebec has more relaxed laws around public drinking, other provinces have strict regulations. For example, in Ontario, drinking in public can result in fines ranging from $100 to $175, and municipal regulations may impose additional fines of up to $300 in Toronto. These fines can be accompanied by a charge of public intoxication, which could bring jail time and a fine of up to $5,000.
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Drinking in public in Ontario
In Canada, drinking in public and laws surrounding open containers vary across provinces. In Ontario, public drinking and intoxication are generally considered offences under provincial laws and municipal bylaws.
The Liquor Licence Act outlines that the penalty for possession of an open container or consumption of liquor in a public place is a fine. Law enforcement officers may force those caught to pour out the alcoholic beverage, and offenders may receive a verbal warning or a monetary penalty.
Public parks are not permitted places for liquor consumption, except in designated areas in provincial parks. Alcohol is allowed at campsites, which are viewed as temporary residences. During the coronavirus pandemic, some provinces began loosening up outdoor drinking rules.
The history of public drinking in Ontario has been influenced by the temperance movement, which led to the Ontario Temperance Act of 1916 and later the Liquor Control Act of 1927. This legislation was enacted to curb public drinking, with saloons, clubs, and retail liquor shops closed, and alcohol banned from hotels. The Liquor Control Act set up the still-existing Liquor Control Board of Ontario, with further amendments made in 1934.
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Drinking in public in Manitoba
Drinking in public is considered a crime in most Canadian provinces, except Quebec, where the laws are more relaxed. Each province is responsible for its own liquor laws, and the fines vary from province to province, ranging from $100 to $672 for being caught with open liquor in public.
Manitoba is one of the provinces that has not relaxed its public drinking laws. In fact, it imposes the harshest penalties for drinking in public in all of Canada, with fines of up to $672. The Liquor, Gaming and Cannabis Authority of Manitoba (LGCA) has launched public education campaigns to encourage lower-risk alcohol consumption, especially in light of the COVID-19 pandemic, which has contributed to increased alcohol consumption.
The LGCA also oversees liquor advertising and marketing practices in Manitoba, promoting moderate, safe, and legal consumption. To sell or supply liquor in Manitoba, a liquor licence is required. The province has a mix of public and private retail, with Liquor Marts, Hotel Beer Vendors, Liquor Vendors, and Specialty Wine Stores contributing to the industry.
Duty-free stores are authorized to sell liquor at Winnipeg's international airport and crossing points on the border with the United States. Additionally, some provinces, including Manitoba, allow open containers in provincial campgrounds, and some have loosened outdoor drinking rules during the pandemic.
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Drinking in a vehicle
In most of Canada, with the exception of Quebec, it is generally considered illegal to possess open containers of alcohol in public, including in vehicles. This means that if you are a driver or passenger in a car with an open container of alcohol, you may be subject to fines or other penalties. However, it is important to note that the specific regulations and enforcement practices may vary depending on the province and municipality you are in.
In Ontario, for example, the Liquor Licence Act prohibits the possession of open containers or the consumption of liquor in a public place, including in vehicles. The penalty for violating this law includes a fine, and offenders may be required to pour out the alcoholic beverage. Similarly, in British Columbia, the Liquor Control and Licensing Branch enforces similar restrictions on open alcohol containers in public spaces, also resulting in fines for those caught by law enforcement officers.
In Quebec, the laws on alcohol consumption in public are more relaxed than in the rest of Canada. For example, in Montreal, it is permitted to consume alcohol in public parks when accompanied by food, although drinking while on public transit is forbidden. However, even in Quebec, drinking and driving is against the law, and open containers of alcohol in a vehicle may still result in legal consequences.
The fines for possessing open liquor in a vehicle vary across Canada, ranging from $100 to $672, with some provinces imposing even higher penalties. Additionally, if you are found to be impaired by alcohol while in possession of an open container in a vehicle, you may be detained until you sober up, and underage drinking is also subject to separate charges.
To avoid legal consequences, it is important to be aware of the specific laws and regulations in the province and municipality you are visiting or residing in. Transporting alcoholic beverages in a vehicle should be done with care, ensuring that they are securely stored and unopened until you reach your destination.
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Frequently asked questions
No, drinking in public is generally illegal in Canada. However, each province has its own liquor laws, and public drinking laws vary at the federal, provincial, and municipal levels. Quebec has more relaxed laws, and drinking alcohol in public parks is allowed when accompanied by food.
Fines differ from province to province and can start from $100 and go up to $672. In Ontario, drinking in public carries fines ranging from $100 to $175. In Toronto, alcohol in parks and beaches is prohibited, with fines up to $300.
Yes, it is illegal to have open alcohol or beverage containers in a vehicle in Canada. The fine for open alcohol is $360, and the person with the open container will receive the ticket. Alcohol must be stored in a secure compartment and remain unopened until you arrive at your destination.
