Traffic Offences
Open Alcohol in a Vehicle in Ontario
Having an open container of liquor in a vehicle is a ticketable offence in Ontario — but unlike most offences on this site, it comes from a different statute entirely.
Quick answer: Having an open container of liquor in a vehicle — as a driver or a passenger — is an offence under the Liquor Licence and Control Act, 2019, not the Highway Traffic Act. It's generally allowed if the alcohol is sealed and kept somewhere passengers can't reach it, such as the trunk.
Key Takeaways
- Governed by the Liquor Licence and Control Act, 2019, not the Highway Traffic Act.
- Applies to both the driver and any passenger with an open, accessible container.
- Sealed alcohol kept out of passengers' reach, such as in the trunk, is generally permitted.
- This is a different, narrower matter than impaired driving.
A different statute than most tickets on this site
Most offences described on this site come from the Highway Traffic Act. This one doesn't — open liquor in a vehicle is addressed under clause 42(1)(a) of the Liquor Licence and Control Act, 2019 (LLCA), Ontario’s provincial law governing the sale, service, and consumption of alcohol. It’s still prosecuted through the same Provincial Offences Act process as a Highway Traffic Act ticket, but the underlying rule sits in a different piece of legislation.
What counts as an open container
The rule generally applies to having liquor in a vehicle where the container is open and accessible to the driver or a passenger. Alcohol kept in a sealed, unopened container — and stored somewhere passengers can’t readily reach it, such as the trunk of a car or a locked compartment — is generally treated differently and is commonly allowed. The distinction is about accessibility: an open container within reach of anyone in the vehicle is the core concern, regardless of whether anyone has actually been drinking from it.
Separate driver and passenger consequences
Both a driver and a passenger can be charged under this rule, and reported fine figures differ between the two — sources describe a lower reported fine for a passenger than for a driver. Because reported figures can vary and the current set fine schedule can change, the amount printed on your own ticket is the reliable number for your specific case.
How this differs from impaired driving
This offence is about the presence of an open, accessible container — it doesn’t require that anyone was actually impaired, or even that anyone had been drinking from it. It’s a separate, narrower matter from impaired driving, which is a Criminal Code offence with far more serious consequences. Having an open container doesn’t by itself establish impairment, and a charge for one doesn’t necessarily mean the other is also being pursued.
Frequently Asked Questions
Can a passenger be charged, not just the driver?
Yes. Both a driver and a passenger with an open, accessible container can be charged, though reported fine figures differ between the two.
Is it legal to transport alcohol in the trunk?
Generally yes, if it's sealed and kept somewhere passengers can't readily reach it, such as the trunk or a locked compartment.
Is this the same law that covers impaired driving?
No. This is a Liquor Licence and Control Act offence about an open, accessible container. Impaired driving is a separate, far more serious Criminal Code matter.
Sources
Charged With Open Alcohol in a Vehicle?
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