O. Reg. 726/20: GENERAL
filed December 9, 2020 under Liquor Licence Act, R.S.O. 1990, c. L.19
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made under the
Liquor Licence Act
Made: December 3, 2020
Filed: December 9, 2020
Published on e-Laws: December 10, 2020
Printed in The Ontario Gazette: December 26, 2020
Amending Reg. 718 of R.R.O. 1990
(GENERAL)
1. (1) Subsection 14 (1.1) of Regulation 718 of the Revised Regulations of Ontario, 1990 is amended by striking out “paragraph 2.2” and substituting “paragraph 3”.
(2) Subsection 14 (1.2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(1.2) A licence holder is exempt from subsection 10 (5) of the Act with respect to an agreement with a manufacturer of liquor that facilitates or promotes the purchase and delivery of the manufacturer’s liquor to a customer, if the agreement,
. . . . .
(3) Clause 14 (1.2) (b) of the Regulation is revoked and the following substituted:
(b) does not restrict either party to the agreement from entering into an agreement with another person that facilitates or promotes the purchase and delivery of the manufacturer’s liquor to a customer; and
(4) Subsection 14 (1.3) of the Regulation is amended by striking out “that facilitate the purchase and delivery of liquor by a licence holder” at the end and substituting “that facilitate or promote the purchase and delivery of liquor”.
2. (1) Section 15 of the Regulation is revoked and the following substituted:
15. (1) A licence to deliver liquor for a fee is subject to the following conditions:
1. Subject to paragraph 2, the licence holder shall ensure that liquor that is delivered under the licence is purchased or obtained only from,
i. a government store,
ii. a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, or
iii. the holder of a licence to sell liquor, for the purposes of section 56.2 of Ontario Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act.
2. If the licence is held, directly or indirectly, by the operator of a store to which an authorization under clause 3 (1) (e.1) of the Liquor Control Act applies, the licence holder shall ensure that,
i. liquor is not purchased or obtained from that store, and
ii. beer is not purchased or obtained in packages with more than six containers from a government store, unless the government store is listed in Schedule 2.
3. Subject to subsection (2), the licence holder shall not, directly or indirectly, request, demand or receive any financial or non-monetary benefit in Ontario or in any other jurisdiction from a manufacturer of liquor, an operator of a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, or a representative or employee of such a manufacturer or operator.
4. The licence holder shall ensure that liquor is not purchased, nor possession of it taken, before an order for it is placed by a customer.
5. The licence holder shall ensure that an order placed with the licence holder or an employee or contractor of the licence holder includes the following information, and that the information is recorded together with the licence holder’s name and address:
i. The name and address of the customer.
ii. The date on which the liquor is purchased, and the date on which it is to be delivered.
iii. The kinds and quantities of liquor to be delivered.
iv. The address where the liquor is to be delivered.
6. In the case of a delivery of liquor for the purposes of section 56.2 of Ontario Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor), the licence holder shall ensure that food is included together with the purchase and delivery of the liquor.
7. The licence holder shall ensure that liquor is stored securely at all times before delivery at a premises other than a dwelling, and that during storage the liquor is accessible only to the licence holder and the employees and contractors of the licence holder.
8. The licence holder shall ensure that the liquor is not opened or tampered with during the delivery.
9. The licence holder shall ensure that the delivery of liquor is only to a residence or a private place, as defined in subsection 3 (1).
10. The licence holder shall ensure that the liquor is delivered to a person at the address provided with the order who is at least 19 years of age.
(2) Paragraph 3 of subsection (1) does not apply to a benefit received by the licence holder from an operator of a store to which an authorization under clause 3 (1) (e) of the Liquor Control Act applies if,
(a) the benefit is provided by the operator under an agreement to which subsection 14 (1.2) applies, and is intended to facilitate or promote the purchase of liquor from the store, or the delivery of liquor from the store by the licence holder, under the agreement; and
(b) the licence holder does not also hold, directly or indirectly, an authorization to sell beer in a government store under clause 3 (1) (e.1) of the Liquor Control Act.
(2) Subsection 15 (2) of the Regulation, as remade by subsection (1), is revoked.
3. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:
(1) The licence holder shall ensure that liquor is delivered to a customer only between 9 a.m. and 11 p.m. on any day.
(2) Subsection 16 (3) of the Regulation is revoked and the following substituted:
(3) For one year from the date of delivery of liquor, the licence holder shall retain at its place of business, as set out in the licence,
(a) every record of an order required by paragraph 5 of subsection 15 (1); and
(b) in the case of liquor purchased by the customer from a government store or a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies, a copy of every order provided to the licence holder by the stores.
O. Reg. 376/20
4. Subsection 3 (11) of Ontario Regulation 376/20, which would revoke subsection 15 (2) of the Regulation as made by subsection 3 (10) of Ontario Regulation 376/20, is revoked.
Commencement
5. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.
(2) Section 1, subsection 2 (1) and section 3 come into force on the later of January 1, 2021 and the day this Regulation is filed.
(3) Subsection 2 (2) comes into force on the later of July 1, 2021 and the day this Regulation is filed.