Public drinking laws in Canada are widely misunderstood. Many people assume that drinking alcohol in public is always illegal, while others believe it is rarely enforced and only results in a small fine. The reality is more nuanced — and potentially more serious.
In Canada, public drinking is regulated at three different legal levels: federal, provincial, and municipal. Each level addresses different behaviour, carries different penalties, and serves a different legal purpose. As a result, the same conduct — drinking alcohol in public — can be lawful in one place, a ticketable offence in another, or even a criminal offence under specific circumstances.
This article explains how public drinking is treated under Canadian law, why confusion is so common, what actually exposes someone to criminal liability, and how Ontario law fits into the broader national framework.
The confusion surrounding public drinking laws stems from Canada’s constitutional division of powers.
Each level may address alcohol differently, creating what is effectively a legal patchwork. Conduct that is legal in one jurisdiction may result in a fine — or worse — just a few blocks away.
This is why Canadians often hear contradictory statements like:
Each statement may be partially true, but none are universally accurate.
The Criminal Code of Canada does not criminalize public drinking itself. There is no offence for simply consuming alcohol in public.
Instead, federal criminal liability arises only when intoxication causes a disturbance.
Section 175 (1)(a)(ii) of the Criminal Code makes it an offence to:
“cause a disturbance in or near a public place by being drunk.”
This wording is critical. Intoxication alone is not enough. The Crown must prove:
Absent a disturbance, there is no Criminal Code offence.
Courts have interpreted “disturbance” broadly. It may include:
Importantly, police testimony alone may be sufficient to establish that a disturbance occurred, as permitted under section 175(2) .
Public drunkenness under the Criminal Code is a summary conviction offence carrying a maximum penalty of:
While jail sentences are uncommon for first-time or minor incidents, the offence is criminal, meaning a conviction results in a criminal record.
This is why federal public drunkenness charges are taken seriously by defence counsel.
In Ontario, public drinking is primarily regulated by the Liquor Licence and Control Act, 2019 (LLCA), which contains over 115 alcohol-related offences.
Roughly 30 provisions address public possession, consumption, and intoxication.
Unlike the Criminal Code, the LLCA does not require a disturbance.
Section 41(1) of the LLCA prohibits possession or consumption of liquor except in specific locations, including:
Any location outside these categories is presumptively prohibited.
Typical fines for public drinking offences range from:
These are provincial offences, not criminal charges, and generally do not result in a criminal record.
However, repeat offences or aggravating circumstances can increase scrutiny and enforcement.
Ontario law also addresses intoxication separately from drinking.
Section 31(1) of the LLCA states:
“No person shall be in an intoxicated condition in a place to which the general public is invited or permitted access.”
Unlike the Criminal Code, no disturbance is required. Mere intoxication in public is sufficient.
This dual framework explains why similar conduct may result in either a ticket or a criminal charge, depending on circumstances.
Open-container laws are among the most misunderstood areas of public drinking regulation.
In Ontario:
A vehicle is considered a public place unless it is on private property.
Key points:
The LLCA applies to:
Open alcohol in a vehicle often prompts an investigation for impaired operation. In such cases, the public drinking offence becomes secondary to potentially much more serious criminal charges.
Municipalities may impose stricter rules than provincial law.
Toronto by-laws prohibit alcohol consumption in:
Fines may reach $300, significantly higher than standard provincial tickets.
Other cities may permit alcohol in designated areas or during specific events, reinforcing the need to know local rules, not assumptions.
| Situation | Applicable Law | Possible Consequence |
|---|---|---|
| Quiet drinking in an undesignated area | Provincial | $100–$175 fine |
| Intoxicated but non-disruptive | Provincial | $50 fine |
| Intoxicated and disruptive | Federal | Criminal charge |
| Drinking in a Toronto park | Municipal | Up to a $300 fine |
| Open alcohol in the vehicle | Provincial | Ticket + further investigation |
Public drinking becomes criminal only when behaviour crosses into public disorder.
Factors that increase risk:
“Most people are surprised to learn that jail is even mentioned in public drinking cases. It only becomes relevant when conduct escalates into criminal disturbance.”
— Robbie Tsang, Criminal Defence Lawyer & Managing Partner
If charged under the Criminal Code:
If charged provincially:
“Public drinking charges may appear minor, but federal charges can carry lasting consequences. Early advice prevents small issues from becoming serious ones.”
— Heather Spence, Criminal Defence Lawyer & Partner
The criminal defence lawyers at Mass Tsang have extensive experience defending both provincial and Criminal Code alcohol-related charges across the Greater Toronto Area.
If you are facing a public drunkenness charge or related offence, understanding which law applies is critical to protecting your rights.
Contact Mass Tsang for a confidential consultation.
Not always. Drinking in public is not automatically a crime in Canada. Whether it is illegal depends on federal criminal law, provincial legislation, and municipal by-laws.
Yes. Under the Criminal Code, public drunkenness becomes a criminal offence if intoxication causes a disturbance in or near a public place.
In most public places, yes. Ontario’s Liquor Licence and Control Act restricts where alcohol may be consumed and generally limits it to residences, licensed premises, or municipally designated areas.
Public drinking refers to possessing or consuming alcohol in prohibited places. Public intoxication involves being intoxicated in a public place and may be ticketed even without a disturbance under Ontario law.
Yes, in rare cases. A conviction for causing a disturbance while intoxicated under the Criminal Code can carry penalties of up to six months in jail or a $5,000 fine.
Yes. In Ontario, open or readily accessible alcohol in a vehicle is illegal unless stored in a secure compartment, such as the trunk.
Yes. Cities may impose stricter rules. For example, Toronto prohibits alcohol in parks and beaches, with fines of up to $300.
