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Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

ONTARIO REGULATION 141/01

ASSIGNMENT OF POWERS AND DUTIES

Historical version for the period December 10, 2019 to December 8, 2020.

Note: This Regulation is revoked on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 15, Sched. 1, s. 19)

Last amendment: 2019, c. 15, Sched. 1, s. 19.

Legislative History: 232/01, 288/02, 125/12, 223/15, 300/15, 16/16, 233/16, CTR 15 JL 16 - 1, 262/16, 2019, c. 15, Sched. 1, s. 19.

This is the English version of a bilingual regulation.

1. The powers and duties set out in the provisions of the Liquor Control Act referenced in Column 1 of Table 1 and described opposite in Column 2 of Table 1 are assigned to the board of the Alcohol and Gaming Commission of Ontario or the Registrar, as the case may be, as set out in Column 3 of Table 1.  O. Reg. 141/01, s. 1.

2. References to the Board, a member or members of the Board or an employee or employees of the Board found in the provisions of the Liquor Control Act referenced in Column 1 of Table 1 and described opposite in Column 2 of Table 1 shall be read as references to the board of the Alcohol and Gaming Commission of Ontario or the Registrar, as the case may be, set out in Column 3 of Table 1.  O. Reg. 141/01, s. 2.

3. The powers and duties set out in the provisions of Regulation 717 of the Revised Regulations of Ontario, 1990 referenced in Column 1 of Table 2 and described opposite in Column 2 of Table 2 are assigned to the board of the Alcohol and Gaming Commission of Ontario or the Registrar, as the case may be, as set out in Column 3 of Table 2.  O. Reg. 141/01, s. 3; O. Reg. 300/15, s. 2.

4. References to the Board, a member or members of the Board or an employee or employees of the Board found in the provisions of Regulation 717 of the Revised Regulations of Ontario, 1990 referenced in Column 1 of Table 2 and described opposite in Column 2 of Table 2 shall be read as references to the board of the Alcohol and Gaming Commission or the Registrar, as the case may be, as set out in Column 3 of Table 2.  O. Reg. 141/01, s. 4; O. Reg. 300/15, s. 3.

5. The powers and duties set out in the provisions of Ontario Regulation 232/16 (Sale of Liquor in Government Stores) made under the Liquor Control Act referenced in Column 1 of Table 3 and described opposite in Column 2 of Table 3 are assigned to the board of the Alcohol and Gaming Commission of Ontario or the Registrar, as the case may be, as set out in Column 3 of Table 3. O. Reg. 300/15, s. 4; O. Reg. 233/16, s. 1.

6. References to the Board, a member or members of the Board or an employee or employees of the Board found in the provisions of Ontario Regulation 232/16 (Sale of Liquor in Government Stores) made under the Liquor Control Act referenced in Column 1 of Table 3 and described opposite in Column 2 of Table 3 shall be read as references to the board of the Alcohol and Gaming Commission of Ontario or the Registrar, as the case may be, as set out in Column 3 of Table 3. O. Reg. 300/15, s. 4; O. Reg. 262/16, s. 1.

TABLE 1

Item

Column 1

Column 2

Column 3

0.1

Clause 3 (1) (b)

To control the sale of liquor by auction conducted by a charitable organization that is registered under the Income Tax Act (Canada) or by an administrator, executor or law enforcement officer acting within the scope of the person’s duties.

Registrar

1.

Clause 3 (1) (b)

To control the delivery of liquor to the public.

Registrar

2.

Clause 3 (1) (e)

To authorize manufacturers of beer and spirits and wineries that manufacture Ontario wine to sell their spirits, beer or Ontario wine in stores owned and operated by the manufacturer or winery and to authorize Brewers Retail Inc. to operate stores for the sale of beer to the public.

Registrar

2.1

Clause 3 (1) (e.1)

To authorize persons to operate government stores for the sale of liquor to the public in accordance with the regulations made under the Liquor Control Act.

Registrar

3.

Clause 3 (1) (f)

To control and supervise the marketing methods and procedures in stores owned and operated by manufacturers and wineries referred to in item 2.

Registrar

4.

Clause 3 (1) (g)

To determine, subject to the Liquor Licence Act, the municipalities within which stores owned and operated by manufacturers and wineries referred to in item 2 shall be established or authorized and the location of such stores in such municipalities.

Registrar


5.

Clause 3 (2) (a)

To establish conditions, subject to any regulation, with respect to authorizations for stores owned and operated by manufacturers and wineries referred to in item 2 and with respect to government stores referred to in item 2.1.

Registrar

5.1

Subsection 3.0.1 (1)

To issue a proposal to revoke or suspend an authorization for a government store under clause 3 (1) (e) or (e.1) or refuse to renew such an authorization.

Registrar

5.2

Subsection 3.0.1 (2)

To suspend an authorization prior to a hearing if it is considered necessary in the public interest.

Registrar

5.3

Subsection 3.0.2 (1)

To approve the transfer of an authorization for a government store under clause 3 (1) (e) or (e.1) or a change in the location of a government store to which such an authorization applies.

Registrar

5.4

Subsection 3.0.2 (2)

To issue a proposal to refuse to approve a transfer or change in location.

Registrar

5.5

Subsection 3.0.3 (1)

To serve notice of a proposal on the applicant or authorization holder.

Registrar

5.6

Subsection 3.0.3 (2)

To receive notice requiring a hearing by the Tribunal from an applicant or authorization holder.

Registrar

5.7

Subsection 3.0.3 (3)

To carry out a proposal if the person to whom notice is sent does not require a hearing.

Registrar

5.8

Subsection 3.0.3 (5)

To exercise the listed powers on the direction of the Tribunal.

Registrar

6.

Section 4.1

To designate inspectors to carry out inspections for the purpose of determining whether there is compliance with an authorization, direction or approval issued or imposed by the Registrar under a power or duty under the Liquor Control Act that is assigned to the Registrar in this Regulation.

Registrar

O. Reg. 288/02, s. 1; O. Reg. 125/12, s. 1; O. Reg. 223/15, s. 1; O. Reg. 16/16, s. 1.

Table 2

Item

Column 1

Column 2

Column 3

1.

Subsection 3 (1)

To approve stores owned and operated by wineries that manufacture Ontario wine to sell wine to the public made by the manufacturer.

Registrar

2.

Subsection 3 (2)

To approve in stores owned and operated by wineries that manufacture Ontario wine the sale of wine made by other manufacturers of Ontario wine that is part of a gift or souvenir package.

Registrar

O. Reg. 300/15, s. 5.

Table 3

Item

Column 1

Column 2

Column 3

1.

Section 5

To direct the hours of operation of stores for the sale of liquor.

Registrar

2.

Section 6

To approve the location of stores established for the sale of beer.

Registrar

3.

Subsection 34 (2)

To provide information about the boundaries of census divisions.

Registrar

O. Reg. 233/16, s. 2.