In response to a UBCM request, the Province has announced that it is extending, until March 31, 2023, the deadline to transition the Temporary Expanded Service Area (TESA) (e.g. outdoor patio) provision into a permanent option. This decision provides additional time for local governments to update relevant bylaws, policies and permits.
In 2020, the Province introduced this streamlined application process for food primary, liquor primary and manufacturer licensees seeking to expand their service areas. Local governments were provided the option to further expedite this process by pre-approving all eligible licensees seeking to apply to the Province for a TESA authorization. Successful applicants could not increase their approved occupancy loads, and would have to comply with all local government rules and requirements, as well as health and fire regulations. Over 2,200 TESA authorizations were approved as part of this process.
This policy change was originally intended to be a temporary measure during the COVID-19 pandemic. However, Minister Mike Farnworth’s recent mandate letter includes direction to transition the TESA provision into a permanent option as a means to support restaurants and the hospitality sector. As a result, licensees with a TESA will see this temporary authorization extended until March 31, 2023. These licensees must apply to the Province for a new outdoor patio, permanent structural change (indoor) or manufacturer endorsement if they wish to operate their TESA beyond March 31, 2023.
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