Sandy's Law Explained: Ontario's FASD Warning Sign Rule

Ontario ties a liquor sale to a sign on the wall. Sell without it and the sale sits outside the law, whatever else you did right. The rule started as Sandy's Law in 2004 and lives today in the Liquor Licence and Control Act, 2019 (the Act).

This page covers what the section requires, and what the sign looks like. It then covers where the sign goes, and what to do on a shift when you cannot find it. The rule sits in module 2 of our free Smart Serve course, and the Smart Serve test asks about it.

Section 36 makes the sale depend on the sign

Section 36 of the Act says no person shall sell or supply liquor, or offer to sell or supply it, from prescribed premises unless a prescribed sign warning of the dangers of fetal alcohol spectrum disorder (FASD) is displayed in accordance with the regulations. FASD is the birth defects and brain damage the sign warns about.

Read the first two words. "No person" binds everyone who sells or supplies liquor from those premises, including you at the bar or the counter. The duty does not stop with the licence holder.

Section 36 also covers the offer. Offering to sell or supply liquor from prescribed premises sits inside the same prohibition as the sale.

What the sign says and how big it is

The sign is the one posted on the website of the Alcohol and Gaming Commission of Ontario (AGCO). It bears the words "WARNING: Drinking alcohol during pregnancy can cause birth defects and brain damage to your baby". A French sign from the same website may also be displayed.

The sign must be at least 8 inches by 10 inches. A smaller print of the same wording does not meet the rule.

Where the sign goes

Section 24 of O. Reg. 745/21 prescribes the premises, and the place inside each one:

• a liquor consumption premises licence: where liquor is sold and served
• an endorsement authorizing the sale and service of liquor: where liquor is sold and served
• a ferment on premises facility licence: where persons make beer or wine
• a retail store: where liquor is purchased

In every case the sign goes up prominently, where patrons can see it. A sign in the office, the stockroom, or behind a stack of menus fails that test.

Where Sandy's Law came from

Bill 43 became Sandy's Law (Liquor Licence Amendment), 2004. It was assented to on June 24, 2004, and it added section 30.1 to the old Liquor Licence Act. That section came into force on February 1, 2005, and the warning signs went up across Ontario.

Ontario repealed the Liquor Licence Act on November 29, 2021. The sign requirement moved into section 36 of the Act and section 24 of O. Reg. 745/21. The short title stayed in everyday use, so people still call the rule Sandy's Law.

Two instruments now carry it. The Act creates the prohibition. The regulation sets the premises, the place, and the size.

Check the sign before you serve

Before you sell or supply liquor, look for the sign where section 24 requires it. One look at the start of a shift keeps every sale that follows inside the rule.

Raise a missing sign and get it displayed before service continues. Section 36 binds "no person", so a missing sign is your problem as well as your employer's.

What the test asks about the sign

Expect a question with the wrong size or the wrong place. The sign is at least 8 inches by 10 inches, and where it goes depends on the premises type. A retail store puts it where liquor is purchased. A ferment on premises facility puts it where people make beer or wine.

Expect a wording question too. The sign warns about drinking alcohol during pregnancy, and the AGCO publishes the exact text, so an answer that paraphrases the warning is the wrong answer.

Expect the history in a date question. Sandy's Law was assented to in 2004 and came into force on February 1, 2005.

Study the rest of module 2

Section 36 sits beside the section that decides who pays after an over-served guest causes harm. Read server liability in Ontario for that one.

• Our free Smart Serve course covers the Ontario law in 14 lessons.
• The free practice test runs a sample without a signup.
• The practice test guide explains how to use practice questions before test day.
• The certification guide covers who needs a certificate and when.