Smart Serve and who needs it
Ontario's liquor law is the Liquor Licence and Control Act, 2019. The Alcohol and Gaming Commission of Ontario (AGCO) licenses and inspects businesses that sell alcohol. The AGCO requires everyone involved in selling, serving or delivering liquor to hold valid certification from a training program it has approved.
Who must be certified
- Servers, bartenders and anyone else who sells or serves liquor.
- Staff who take orders for liquor, including for delivery.
- Managers and supervisors of those staff.
- Security staff employed by the licensee.
- Delivery staff who carry liquor to customers.
Smart Serve is the program for bars, restaurants and other liquor sales licensees. Grocery, convenience and other retail stores can use separate retail courses. A person with only a retail certificate cannot sell or serve liquor in a bar or restaurant.
| Smart Serve course | Who it is for | Length | Final test |
|---|---|---|---|
| Full Course | Anyone serving or selling alcohol in licensed establishments | About 3 to 4 hours online | Proctored multiple choice, 80% to pass |
| Retail Course | Retail store staff only | About 1.5 to 2 hours online | 20 proctored questions, 80% to pass |
The final test
The final test is taken online, at any time of day. It is proctored: you need valid government-issued photo ID and a webcam, and your screen is monitored. You need at least 80% to pass. Smart Serve offers its courses in English, French, Korean, Chinese and Punjabi.
Certification must be renewed every five years. If your certificate expires, you must take the course and the final test again before you can keep serving.
Ontario ages, hours and licences
| Rule | Ontario |
|---|---|
| Legal drinking age | 19 |
| Minimum age to sell or serve alcohol | 18 |
| Licensed establishments: sale and service | 9 a.m. to 2 a.m. |
| New Year's Eve (December 31) | Until 3 a.m. |
| Retail stores | 7 a.m. to 11 p.m. |
| Liquor delivery | 9 a.m. to 11 p.m. |
| Special Occasion Permit events | Same as licensed establishments |
A licence or permit can set shorter hours than these. Always follow the hours on your own licence.
Licences and permits
- Liquor sales licence: lets a bar, restaurant or other business sell alcohol for drinking on site.
- Special Occasion Permit (SOP): for events such as weddings and fundraisers. The permit holder is personally responsible for lawful, responsible service.
- Delivery and retail: separate authorizations for delivering liquor and for selling it in stores.
Signs you must post
Licensees must post the Sandy's Law sign, which warns that drinking alcohol during pregnancy can cause fetal alcohol spectrum disorder (FASD). Not posting it is an offence.
Consequences of breaking the rules
The AGCO can impose monetary penalties and can suspend or revoke a licence. Police can lay charges, for example for serving a minor. Licensees and staff can also be sued if over-service leads to injury.
Checking ID in Ontario
It is your job to make sure every guest you serve is at least 19. Smart Serve advises checking ID for anyone who looks under 25, and for anyone whose behaviour seems unusual, such as avoiding eye contact or rushing you.
Photo ID that Smart Serve lists as acceptable
- Ontario driver's licence, or a photo driver's licence from another province
- Canadian passport
- Canadian citizenship card
- Canadian Armed Forces ID card
- Permanent Resident Card
- Secure Certificate of Indian Status
- LCBO BYID card
- Ontario Photo Card
ID must be valid and not expired. Never accept student cards.
- Ask the guest to take the ID out of their wallet and hand it to you.
- Feel the card for cuts, bumps or peeling edges.
- Compare the photo and description with the guest.
- Check the date of birth and the expiry date.
- If you still have doubts, ask for a second government-issued photo ID, or ask the guest to confirm details such as their postal code.
- If you are still not sure, refuse the sale politely.
Responsible service skills
The province sets the rules, but the skills below are what keep guests safe every shift. They are also a large part of every server training test.
Standard drinks in Canada
A Canadian standard drink holds 13.45 g (17.05 ml) of pure alcohol. Drinks that are bigger or stronger than the examples below count as more than one.
| Drink | One standard drink |
|---|---|
| Beer, cider or cooler (5%) | 341 ml (12 oz) |
| Wine (12%) | 142 ml (5 oz) |
| Spirits (40%) | 43 ml (1.5 oz) |
Canada's Guidance on Alcohol and Health says 2 standard drinks or less a week is low risk, 3 to 6 is moderate risk, and 7 or more is increasingly high risk. No amount is known to be safe during pregnancy.
What raises blood alcohol
- Drinking quickly, or drinking on an empty stomach.
- Smaller body size and less body water. Women often reach a higher BAC than men after the same drinks.
- Fizzy mixers, which can speed up absorption.
- Medications and other drugs, including cannabis, which can add to the effects.
The liver removes roughly one standard drink an hour. Only time lowers BAC; coffee, cold showers and food after the fact do not. BAC can keep rising after the last drink.
Signs of intoxication
- Lower inhibitions: louder, overly friendly, more talkative.
- Poor judgement: rude jokes, buying rounds for strangers, drinking faster.
- Slow reactions: slurred speech, glassy eyes, losing track of a conversation.
- Poor coordination: stumbling, swaying, spilling or dropping things.
Watch for changes from how a guest acted when they arrived, and keep count of drinks. A guest who seems far more impaired than their drinks explain may have had their drink spiked; keep them safe and get help.
Refusing service
- Tell your manager and co-workers before you act.
- Speak to the guest privately, calmly and firmly. Focus on the law, not on the person.
- Offer food, water, a non-alcoholic drink or a safe ride home.
- Do not serve drinks bought for the guest by friends.
- If the guest tries to drive, offer a taxi or sober driver, and call police if they leave impaired.
- Write what happened in the incident log.
Liability
Licensed businesses owe a duty of care to guests and to the public. Courts in Canada have held bars and restaurants partly responsible when an over-served guest later hurt someone. Staff and licensees can also face charges and licence penalties. Never give "one last drink" to calm an intoxicated guest.
Cannabis and impaired driving
Cannabis and alcohol together can impair a person more than either one alone. Edible cannabis can take 30 minutes to 2 hours to take effect, so guests may not realise how impaired they will become. Under the Criminal Code it is a crime to drive with a BAC of 80 mg or more in 100 ml of blood.