Open Liquor

The pandemic brought changes as governments have attempted to relax the rules to help businesses and allow people to gather outside in small groups while drinking. Because the rules are subject to change and can be different depending on the jurisdiction, it is important to ensure you are staying up to date. Ignorance of the law is not a defence.

You can buy a bottle of alcohol and walk home with it. However, if you break the seal, it can be considered an open containerAlcohol where the seal has been broken. If you pour it into another container such as a cup outside permitted areas you can be ticketed.

With any open container of alcohol, it is important to know the laws in each jurisdiction and if they prohibit possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of that bottle where you are. For example, if you are driving with an open bottle of liquor, it must be stored in the trunk or a place not readily accessible to those in the vehicle. If you are sitting in your backyard you are allowed to have open alcohol. The same goes for camping in a motorhome. Once it is parked, it is considered your residence and you are free to drink. However, if you are driving that motorhome the alcohol must be stored away from the driver. Putting an open bottle of wine or can of beer in a bag while drinking in places that prohibit public consumption will not prevent you from being charged.

While some similarities exist, the laws connected to open liquor may be different throughout Canada. Offences could be covered by the Criminal Code or in each province’s Highway Traffic Act or Liquor Licence Act. As well, you could face municipal bylaw charges. 

It doesn’t matter what alcohol you were drinking or how much, it only matters where it occurred when it comes to open liquor offences. And if you are impaired when you are caught with an open alcohol container you could be detained until you sober up. Of course, if you are under age that is another charge.

Although you are protected from an unwarranted search under the Charter of Rights and Freedoms, police have the right to check your car if they have reasonable grounds to believe there may be alcohol, drugs or weapons.

Fines vary from province to province for being in possession of an open liquor container. Depending on the circumstance, additional criminal charges can also be laid. For example, if you are pulled over with an open container of alcohol in your car and police suspect you have been drinking, you could be asked to provide a breath sample. Depending on the province and the severity of impairmentA reduced ability to operate a vehicle due to alcohol or drug consumption, you could face a driving prohibition, a fine or even jail time.

These are not Criminal Code offences. Penalties vary by province, territory, municipality, and sometimes by bylaw or set-fine schedule.

Having or consuming open liquor in an unauthorized public place is a provincial offence. In Ontario it falls under s. 41(1) of the Liquor Licence and Control Act, 2019 — the Ontario Court of Justice set-fine schedule lists a $100 set fine for these charges, which is the typical outcome. If prosecuted instead, the Act's general penalty provision allows a fine of up to $100,000 for an individual — with no imprisonment for this offence (s. 68(2)) — and up to $250,000 for a corporation (s. 68(1)). In Alberta the equivalent rule is in the Gaming, Liquor and Cannabis Act; in British Columbia it is in the Liquor Control and Licensing Act. Each province has its own exceptions for residences, licensed premises, and designated areas.