H.W. Osmond Doyle, LL.B., LL.M.
City Solicitor
Legal Services
100 Queen Street West
14th Floor, West Tower, City Hall
Toronto ON M5H 2N2
Tel: (416) 392-8047
Fax: (416) 392-0005
March 10, 1999
To:Toronto Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Liquor Plebiscite - Davenport Ward - Area 2
Purpose:
To respond to a request from Councillor Disero for a report on options which are available to
enable another liquor plebiscite to be held, prior to the next municipal election, in that area of
Davenport Ward described as Area 2 in the City of Toronto Act 1988 (No. 3).
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
That this report be received for information.
Council Reference/Background/History:
In the last municipal election a plebiscite was held in a portion of Ward 21, Davenport and
Ward, High Park in respect of the retail sale of spirits, beer and wine in government stores and
also in respect of the sale of spirits, beer and wine for consumption in licensed premises. In
Ward 21, voters responded in favour of the sale of spirits, beer and wine in government stores
but not in favour of the sale of spirits, beer and wine in licensed premises.
Council at its Special Meeting held on February 2, 1998 dealt with various requests for a
recount in respect of the results of the question regarding the sale of spirits, beer and wine in
licensed premises in the portion of the Davenport Ward referred to as Area 2 in the City of
Toronto Act, 1988( No.3). Council did not authorize a recount but it did request the Provincial
government to amend the appropriate legislation to permit liquor licensing in both Wards
High Park and Davenport. Since the result of the vote in the High Park Ward was in favour of
the sale of spirits, beer and wine in both government stores and in licensed premises, this
report will deal only with the portion of the Davenport Ward referred to as Area 2.
Comments and/or Discussion and/or Justification:
In 1988 the former City of Toronto obtained special legislation which divided the old City of
West Toronto into three geographic areas and enabled each such area to seek changes with
respect to liquor sales and licensing within its own area in accordance with the requirements
set out in the Act. It also provided that council could submit one or more questions to a vote in
any or all of the areas described in the schedule to the legislation and that the provisions of the
Act would apply in respect of any question or questions submitted. The schedule describes by
metes and bounds descriptions three distinct areas which were formerly part of the City of
West Toronto and which in 1988 formed part of the then Wards 1, 11 and 12. Area 2 was in
part of the former Ward 11 and is now a portion of Ward 21, Davenport.
A by-law of the City of West Toronto prohibiting the sale by retail of liquor within the
boundaries of the City of West Toronto was in force at the time of the coming into force of the
Ontario Temperance Act. In 1909 the City of West Toronto was annexed to the former City of
Toronto. The Liquor Licence Act (the Act) contains a provision which provides that the status
(wet/dry) of a municipality that is annexed to another municipality that has a different status is
not affected by the annexation and may only be changed by a vote under the Act in the
municipality or part annexed.
The Act enables council, either on its own initiative or on the petition of a least 25 per cent of
the persons appearing on the list of lectors, as revised, prepared for the previous municipal
election to submit prescribed questions respecting the sale of liquor in the dry parts of the
municipality to a vote. Licences to sell liquor may be issued if 60 per cent of the electors
voting on a question vote in favour.
Section 55 of the Act provides, among other things, that a vote on a question must be held on
voting day in the next regular election, unless the council ,with the approval of the board of
the Alcohol and Gaming Commission of Ontario or the Registrar of Alcohol and Gaming,
fixes another day and notifies the clerk of the municipality. Additionally section 59 of the Act
provides that if a question is submitted for a vote in a municipality or part thereof, no further
vote may be held in the municipality or part on any question under section 53 until after
thirty-five months from the date of the vote on the question.
The liquor plebiscite held in the 1997 municipal election was held in accordance with the
provisions of the aforementioned legislation, and the results of the plebescite are noted above.
Council's recommendation that the Provincial government amend the appropriate legislation
to permit liquor licensing on a portion of the Davenport Ward was referred by the Minister of
Municipal Affairs to the Minister of Consumer and Commercial Relations for response since
his ministry is responsible for the Act. The Minister, by letter dated May 11, 1998, in response
to the City's request stated that:
"It is not our intention at this time to amend legislation to allow licensed establishments in the
Ward of Davenport. It will be up to the residents of this Ward to determine in a municipal
election whether they want their community to be "wet" or "dry".
In view of this response it is unlikely that the Minister would support an application by the
City for special legislation to change the status of Area 2 from dry to wet without a liquor
plebiscite. However if Council wishes to hold another liquor plebiscite prior to the next
municipal election an application for special legislation could be made for an exemption from
the provisions of section 59 of the Act. In addition such an application could include provision
for a less stringent 50 per cent plus one test rather than the 60 per cent test currently set out in
section 53.
Conclusions:
If the City wishes to hold another liquor plebiscite in Area 2 prior to the next municipal
election special legislation will be required to enable it to do so.
Contact Name:
Dolores M. Morrell
Tel: 392-7234
e-mail: dmorrell@toronto.ca
H.W.O. Doyle
City Solicitor
Legal Services
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