Alcohol and Minors

Under s.320.14(1) of the Criminal Code, anyone who operates a motor vehicle, vessel, aircraft or railway equipment while their ability to operate it is impaired by alcohol or a drug or both can face charges. Impaired driving is a separate Criminal Code offence. A first conviction for the basic impaired-driving offence carries a mandatory minimum fine of $1,000, while higher minimums, jail, and greater maximum penalties can apply depending on the offence and prior convictions. See the national impaired-driving page for the current federal penalty structure. It is important to note that provinces have their own guidelines and penalties can be more severe than federal guidelines. 

The courts take drinking and driving  seriously for young people who may be old enough to drive but who are not old enough to legally consume alcohol. Often a sentence will include a one-year driving ban for youths convicted of impaired driving. Other penalties could include a probation order with conditions (e.g., alcohol counselling) or community service hours.

A conviction can also impact the person's graduated driver's licence, as most provinces require novice drivers to have have zero alcohol in their bodies. In addition, the cost of car insurance will increase significantly upon conviction.

Provinces set their own minimum drinking and purchase ages, administrative blood-alcohol limits, and zero-alcohol rules for young and novice drivers. These vary by province, so check the rules where you live.

In addition to criminal penalties imposed by the Code, many provinces and territories impose administrative sanctions for impaired driving. People are advised to check the provincial or territorial laws for information on the consequences of impaired driving where they live.

It is illegal across Canada to buy or supply alcohol for a minor, but the exact rules and penalties are set by each province — including whether a parent or guardian may supply alcohol to their own child at home, the penalties for licensed premises that serve minors, and the consequences for supplying minors or for using false identification. Because these rules vary by province, check the rules where you live.

Charges against youths are generally dealt with in youth courtCourt that hears charges against youths between the ages of 12 and 17 in each province or territory. The type of sentence given depends upon whether the youth is a first-time offender, the seriousness of the crime and other sentencing principles listed in the Youth Criminal Justice Act (YCJA). It applies to Canadians aged 12 to 17 who get into trouble with the law. The YCJA has specific provisions on the sentencing of young offenderOlder wording for a young person dealt with under youth criminal law.s that are different from the adult sentencing provisions in the Criminal Code.

According to government information (Overview of the Youth Criminal Justice Act), the purpose of youth sentences is to hold the young personA person dealt with under the youth criminal justice system. accountable by imposing sanctions that have meaningful consequences and that promote rehabilitation and reintegration. The maximum length of youth sentences ranges from two to 10 years. The YCJA encourages the use of extrajudicial measuresYouth justice responses outside formal court proceedings. (measures outside the formal court process) in "appropriate cases" involving youth. These measures include volunteer work, compensating the victim or attending a specialized program. If the young person fails to comply with the terms and conditions of the sanction, the case may proceed through the court process.

Section 41 of the YCJA spells out the principles the court must follow when sentencing young offenders. For a young person to receive an absolute discharge, the court must consider that is in the best interests of the youth and not contrary to the public interest.

Licensed businesses usually face stricter rules than private homes. In many provinces, parental permission at a table does not by itself allow a restaurant or bar to serve a minor. The exact rule depends on the province.

Some provinces allow a minor to drink alcohol at home when a parent or guardian is present. That is a rule about private homes. It does not usually mean a licensed restaurant or bar can serve a minor. If you are unsure about a specific province, check that province's liquor authority.

Serving alcohol to a minor is taken seriously, and the consequences fall mainly on the licensed business and the server, not only on the minor.

Depending on the province, a business can face penalties such as fines, licence suspension, or other action by the provincial liquor authority. The exact penalties differ by province.

This page is not about a Criminal Code charge against a young person. These rules usually come from provincial law, school law, liquor law, civil liability law, or local enforcement systems. The YCJA sentencing rules for Criminal Code youth offences do not apply in the same way.

This page is about provincial liquor rules involving minors. It is not a Criminal Code youth offence page, and the YCJA sentencing rules for Criminal Code charges do not apply in the same way.

Rules about minors and alcohol come from each province's or territory's liquor laws. They vary by province, and the specific offences, exceptions (such as supervised drinking with a parent at home), and penalties depend on where you are.