O. Reg. 116/10: MINIMUM PRICING OF LIQUOR AND OTHER PRICING MATTERS

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Liquor Control Act

ONTARIO REGULATION 116/10

MINIMUM PRICING OF LIQUOR AND OTHER PRICING MATTERS

Note: This Regulation was revoked on November 29, 2021. (See: O. Reg. 754/21, s. 1)

Last amendment: 754/21.

Legislative History: 292/15, 481/16, 405/18, 754/21.

This is the English version of a bilingual regulation.

CONTENTS

 

Definitions

1. (1) In this Regulation,

“annual adjustment date” means, subject to subsection (2), March 1 in every year; (“date de rajustement annuel”)

“cider” means cider as described in section B.02.120 of the Food and Drug Regulations and the cider-like beverage made from the fermented juice of pears known as perry; (“cidre”)

“Class A spirits” means any beverage that contains more than 15 per cent alcohol by volume obtained from distillation and that is,

(a) a whisky as described in sections B.02.010 to B.0.023 of the Food and Drug Regulations,

(b) a rum as described in section B.02.030 of the Food and Drug Regulations,

(c) a gin as described in sections B.02.040 or B.0.041 of the Food and Drug Regulations,

(d) a brandy or other product described in sections B.02.050 to B.0.058 of the Food and Drug Regulations,

(e) a vodka as described in section B.02.080 of the Food and Drug Regulations,

(f) a vodka as described in clause (e) to which a flavouring has been added,

(g) a tequila as described in section B.02.090 of the Food and Drug Regulations,

(h) a mezcal as described in section B.02.091 of the Food and Drug Regulations, or

(i) a fruit spirit as described in section B.02.102 of the Food and Drug Regulations; (“spiritueux de catégorie A”)

“Class B spirits” means any beverage that,

(a) is a liqueur or spirituous cordial as described in section B.02.070 of the Food and Drug Regulations, or

(b) contains more than 14.8 per cent alcohol by volume obtained from distillation, but is not,

(i) a Class A beverage,

(ii) a one pour cocktail, or

(iii) fortified wine; (“spiritueux de catégorie B”)

“Class C spirits” means a beverage that,

(a) contains more than 0.5 of 1 per cent but less than or equal to 14.8 per cent alcohol by volume obtained from distillation, other than fortified wine, or

(b) is a one pour cocktail; (“spiritueux de catégorie C”)

“draft beer” means beer for sale in a container that has a capacity of 18 litres or more; (“bière pression”)

“draft cider” means cider for sale in a container that has a capacity of 18 litres or more; (“cidre pression”)

“Food and Drug Regulations” means the Food and Drug Regulations made under the Food and Drugs Act (Canada); (“Règlement sur les aliments et drogues”)

“fortified wine” means wine to which an alcoholic distillate has been added and that contains no more than 21 per cent alcohol by volume; (“vin fortifié”)

“minimum retail price” includes all taxes, but does not include any container deposit; (“prix de détail minimum”)

“non-draft beer” means beer for sale in containers each of which has a capacity of less than 18 litres; (“bière non pression”)

“non-draft cider” means cider for sale in containers each of which has a capacity of less than 18 litres; (“cidre non pression”)

“non-refillable container” means a container that the manufacturer of a product or other person who initially fills the container with the beverage does not intend to refill; (“contenant à remplissage unique”)

“one pour cocktail” means any beverage that,

(a) contains more than 7 per cent and no more than 15 per cent alcohol by volume obtained from distillation,

(b) has been mixed with a non-alcoholic beverage other than water during the course of manufacturing,

(c) is intended by the manufacturer to be consumed in its immediate form, and

(d) is sold in a container larger than 500 mL; (“cocktail prêt à servir”)

“wine cooler” means a beverage made from wine to which flavouring, colouring, sugar or other additives have been added and contains no more than 7 per cent alcohol by volume.  O. Reg. 116/10, s. 1 (1). (“vin panaché”)

(2) In a year in which March 1 falls on a Saturday or Sunday, the annual adjustment date shall be the immediately following Monday.  O. Reg. 116/10, s. 1 (2).

(3) For the purpose of this Regulation, sake shall be deemed to be a wine.  O. Reg. 116/10, s. 1 (3).

Application

2. (1) Subsections 3 (2), 8 (2) and 18 (3) apply only to sales of liquor to a person,

(a) who is buying the liquor for use or consumption by the person or by someone else at the person’s expense;

(b) who is buying the liquor on behalf of or as agent for a principal for use or consumption by the principal or by someone else at the principal’s expense; or

(c) who is buying the liquor pursuant to a special occasion permit issued under the Liquor Licence Act.  O. Reg. 116/10, s. 2 (1).

(2) Subsections 3 (2), 8 (2) and 18 (3) do not apply to sales of liquor to a person for the purpose of in-store sampling in a government store.  O. Reg. 116/10, s. 2 (2).

part I
Class A and Class B Spirits

Minimum retail prices, Class A and Class B Spirits

3. (1) In exercising its power to fix the price at which Class A and Class B spirits may be sold at retail in government stores, the Board shall not set the price of any product below the minimum retail price established in accordance with this Part in respect of the class of spirits to which the product belongs and the size of the container in which it is to be sold.  O. Reg. 116/10, s. 3 (1).

(2) Except as provided in this Regulation, the operator of a government store shall not offer or sell Class A spirits or Class B spirits at retail at a price lower than the minimum retail price established in accordance with this Part for the class and size of container in which the spirits are to be sold plus the container deposit, if any.  O. Reg. 116/10, s. 3 (2); O. Reg. 481/16, s. 1.

Minimum retail price

4. The minimum retail price for Class A spirits and Class B spirits is the price set out in Column 2 or 3, as the case may be, of the Table to this section set out opposite the container size in Column 1.

Table

Item	Column 1 Container size (mL)	Column 2 Class A spirits	Column 3 Class B spirits
1.	40	2.50	1.55
2.	50	3.05	1.80
3.	60	3.85	2.10
4.	100	4.30	2.65
5.	120	5.00	3.30
6.	150	6.25	4.15
7.	180	7.50	4.85
8.	200	8.25	5.30
9.	250	9.90	6.30
10.	280	11.15	7.00
11.	300	11.95	7.60
12.	350	13.85	8.80
13.	360	14.25	9.20
14.	375	14.85	9.35
15.	400	15.75	9.95
16.	500	17.95	12.15
17.	600	21.45	14.50
18.	650	23.00	15.65
19.	660	23.80	16.10
20.	700	24.95	16.80
21.	720	25.55	17.20
22.	730	25.95	17.65
23.	750	26.50	18.00
24.	800	28.20	19.05
25.	1000	35.10	24.00
26.	1050	36.80	25.20
27.	1125	39.45	27.00
28.	1130	39.65	27.20
29.	1140	39.90	27.35
30.	1200	42.10	28.75
31.	1280	44.90	30.65
32.	1400	49.10	33.50
33.	1500	52.25	35.65
34.	1750	59.80	41.40
35.	2000	68.40	47.25
36.	2600	88.85	61.40
37.	3000	102.70	70.95
38.	3790	129.50	89.45
39.	3850	131.65	90.90
40.	4000	136.35	94.15
41.	4500	153.65	106.05

O. Reg. 405/18, s. 1.

Annual adjustment

5. On each annual adjustment date, the Board shall, in accordance with the following formula, adjust the minimum retail price at which each container size of Class A and Class B spirits set out in the Table to section 4 can be sold:

A + (A × I)

in which,

  “A” is the minimum retail price in effect on the day before the annual adjustment date of the particular year, and

“I” is the index factor determined in accordance with Schedule 1.

O. Reg. 116/10, s. 5.

Other container sizes

6. If Class A spirits or Class B spirits are sold in a container size other than a container size shown in the Table to section 4, the minimum retail price shall be determined in accordance with the following formula:

A/B × C

in which,

  “A” is the minimum retail price in effect for the container size shown in the Table that is next smaller than the container that is not shown,

  “B” is the size of the container shown in the Table that is next smaller than the container that is not shown,

  “C” is the size of the container for which the minimum retail price is to be determined.

O. Reg. 116/10, s. 6.

Final determination of minimum retail price

7. (1) If a price determined under section 5 or 6 ends in a multiple of five cents, then that price becomes the minimum retail price on the annual adjustment date.  O. Reg. 116/10, s. 7 (1).

(2) If a price determined under section 5 or 6 does not end in a multiple of five cents, it shall be rounded up to the next multiple of five cents and the price, as rounded up, becomes the minimum retail price on the annual adjustment date.  O. Reg. 116/10, s. 7 (2).

Part II
Beer, Cider, Class c spirits and Wine coolers

Minimum retail prices

8. (1) In exercising its power to fix the price at which beer, cider, Class C spirits and wine coolers may be sold at retail in government stores, the Board shall not set the price of any product below the minimum retail price established in accordance with this Part in respect of the product.  O. Reg. 116/10, s. 8 (1); O. Reg. 481/16, s. 3 (1).

(2) Except as provided in this Regulation, the operator of a government store shall not offer or sell beer, cider, Class C spirits or wine coolers at retail at a price lower than the minimum retail price established in accordance with this Part in respect of the product plus the container deposit, if any.  O. Reg. 116/10, s. 8 (2); O. Reg. 481/16, s. 3 (2).

(3)-(6) Revoked: O. Reg. 405/18, s. 2.

Minimum retail prices — beer

8.1 (1) The Board shall determine the minimum retail prices applicable to non-draft beer which contains less than 5.6 per cent alcohol by volume by applying the rate of $2.816 per litre to the volume of non-draft beer involved. O. Reg. 405/18, s. 3.

(2) The Board shall determine the minimum retail prices applicable to non-draft beer which contains 5.6 per cent or more alcohol by volume in accordance with the following rules:

1. The minimum retail price for non-draft beer sold in a refillable container shall be determined by applying the rate of $67.90 per litre of absolute alcohol, as defined in Division 2 of the Food and Drug Regulations, to the absolute alcohol content of the non-draft beer.

2. The minimum retail price for non-draft beer sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus the following amounts:

i. 8.93 cents per non-refillable container.

ii. An amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of the amount described in subparagraph i.

iii. An amount equal to 4 per cent of 8.93 cents. O. Reg. 405/18, s. 3.

(3) The Board shall determine the minimum retail prices applicable to draft beer in accordance with the following rules:

1. The minimum retail price for draft beer sold in a refillable container shall be determined by applying the rate of $2.835 per litre to the volume of draft beer involved.

2. The minimum retail price for draft beer sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus the following amounts:

i. 8.93 cents per non-refillable container.

ii. An amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of the amount described in subparagraph i.

iii. An amount equal to 4 per cent of 8.93 cents. O. Reg. 405/18, s. 3.

Minimum retail prices — cider, Class C spirits, wine coolers

8.2 (1) The Board shall determine the minimum retail prices applicable to non-draft cider, Class C spirits and wine coolers in accordance with the following rules:

1. The minimum retail price for a product sold in a refillable container shall be determined by applying the applicable baseline rate then in effect to,

i. the volume of product involved, if the product contains less than 5.6 per cent alcohol by volume, or

ii. the absolute alcohol content of the product involved, if the product contains 5.6 per cent or more alcohol by volume.

2. The minimum retail price for a product sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus the following amounts:

i. 8.93 cents per non-refillable container.

ii. An amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of the amount described in subparagraph i.

iii. An amount equal to 4 per cent of 8.93 cents. O. Reg. 405/18, s. 3.

(2) The Board shall determine the minimum retail prices applicable to draft cider in accordance with the following rules:

1. The minimum retail price for draft cider sold in a refillable container shall be determined by applying the baseline rate then in effect to the volume of draft cider involved.

2. The minimum retail price for draft cider sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus the following amounts:

i. 8.93 cents per non-refillable container.

ii. An amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of the amount described in subparagraph i.

iii. An amount equal to 4 per cent of 8.93 cents. O. Reg. 405/18, s. 3.

Baseline rate — cider, Class C spirits, wine coolers

9. The baseline rate for cider, Class C spirits and wine coolers is the rate set out in Column 2 of the Table to this section set out opposite the alcohol content by volume of the product in Column 1.

Table

Item	Column 1 Product, alcohol content by volume	Column 2 Baseline rate
1.	Draft cider, any alcohol content	$2.835 per litre
2.	Non-draft cider, less than 4.1%	$3.512 per litre
3.	Non-draft cider, 4.1 to less than 4.9%	$3.563 per litre
4.	Non-draft cider, 4.9 to less than 5.6%	$3.657 per litre
5.	Non-draft cider, 5.6% or more	$67.900 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations
6.	Class C spirits, less than 4.1%	$3.512 per litre
7.	Class C spirits, 4.1 to less than 4.9%	$3.563 per litre
8.	Class C spirits, 4.9 to less than 5.6%	$3.657 per litre
9.	Class C spirits, 5.6% or more	$67.900 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations
10.	Wine cooler, less than 4.1%	$3.512 per litre
11.	Wine cooler, 4.1 to less than 4.9%	$3.563 per litre
12.	Wine cooler, 4.9 to less than 5.6%	$3.657 per litre
13.	Wine cooler, 5.6% or more	$67.900 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations

O. Reg. 405/18, s. 4.

Annual adjustment

10. (1) On each annual adjustment date, the Board shall, in accordance with the following formula, adjust the baseline rate for each of the products named in the Table to section 9 and the baseline rate as adjusted under this section becomes the baseline rate on that date:

A + (A × I)

in which,

  “A” is the baseline rate in effect on the day before the annual adjustment date of the particular year, and

“I” is the index factor determined in accordance with Schedule 1.

O. Reg. 116/10, s. 10 (1).

(2) A baseline rate determined under this section shall be rounded to the nearest one-tenth of a cent.  O. Reg. 116/10, s. 10 (2).

Applications for change in beer price

11. (1) The following rules apply with respect to applications made to the Board by a manufacturer of beer for a change in the price at which its beer is sold at government stores:

1. A manufacturer of beer may request a change in the price at which its beer is sold by submitting a price change application to the Board on any Monday no later than 4 p.m. or, if Monday is a holiday, no later than 4 p.m. on the first day after that is not a holiday.

2. On condition that the price change requested is not lower than the minimum retail price for beer in effect on the day that the price change is to take effect, the Board shall notify the applicant manufacturer and government stores that sell beer that the price change will go into effect on the second Monday following the making of the application, or, if the Monday is a holiday, on the first day after that is not a holiday.

3. Despite paragraph 2, no price increase shall go into effect in the month of December.  O. Reg. 116/10, s. 11 (1); O. Reg. 292/15, s. 1.

(2) Revoked: O. Reg. 405/18, s. 5.

(3) Revoked: O. Reg. 116/10, s. 20.

Final determination of minimum retail price

12. (1) If a price determined under this Part ends in a multiple of five cents, then that price is the minimum retail price. O. Reg. 405/18, s. 6.

(2) If a price determined under this Part does not end in a multiple of five cents, it shall be rounded up to the next multiple of five cents and the price, as rounded up, is the minimum retail price. O. Reg. 405/18, s. 6.

Part III
wine, sake and fortified wine

Interpretation

13. (1) For the purposes of this Part,

“wine” means wine that is packaged in a form for retail sale.  O. Reg. 116/10, s. 13 (1).

(2) Revoked: O. Reg. 405/18, s. 7.

Non-application of Part

14. This Part does not apply to wine coolers or cider.  O. Reg. 116/10, s. 14; O. Reg. 481/16, s. 6.

Minimum retail prices, wine, sake and fortified wine

15. (1) In exercising its power to fix the price at which wine, sake and fortified wine may be sold at retail in government stores, the Board shall not set the price of any product below the minimum retail price established in accordance with this Part in respect of the category to which the product belongs and the size of the container in which it is to be sold. O. Reg. 481/16, s. 7.

(2) Except as provided in this Regulation, the operator of a government store shall not offer or sell wine, sake or fortified wine at retail at a price lower than the minimum retail price established in accordance with this Part for the class and size of container in which the wine, sake or fortified wine is to be sold plus the container deposit, if any. O. Reg. 481/16, s. 7.

Minimum retail price beginning March 1, 2019

16. Beginning March 1, 2019, the minimum retail price for wine, sake and fortified wine is the price set out in Column 2, 3 or 4, as the case may be, for the size of container set out in Column 1 of the Table to this section. O. Reg. 481/16, s. 8 (3).

Table
Minimum retail price effective March 1, 2019

Column 1 Container size (mL)	Column 2 Wine and Sake: 7% or more alcohol content by volume	Column 3 Wine and Sake: less than 7% alcohol content by volume	Column 4 Fortified Wine
50	0.50	0.35	0.55
375	4.10	3.05	4.65
750	7.75	5.75	9.00
1000	9.95	7.35	11.55
1500	14.35	10.65	16.80
2000	18.55	13.75	21.80
3000	27.25	20.15	32.10
4000	35.55	26.30	42.05
6000	52.75	39.05	62.75
8000	65.40	48.40	77.85
10,000	78.80	58.30	94.05
16,000	95.05	69.15	121.85
18,000	103.75	75.30	133.85
20,000	113.05	81.85	146.50
50,000	278.75	201.75	362.45

O. Reg. 481/16, s. 8 (3); O. Reg. 405/18, s. 11.

Annual adjustment beginning March 1, 2020

17. (1) On each annual adjustment date beginning March 1, 2020, the Board shall, in accordance with the following formula, adjust the minimum retail price at which each container size of wine, sake and fortified wine set out in the Table to section 16 can be sold:

A + (A × I)

in which,

  “A” is the minimum retail price in effect on the day before the annual adjustment date of the particular year, and

“I” is the index factor determined in accordance with Schedule 1.

O. Reg. 481/16, s. 9.

(2) Revoked: O. Reg. 405/18, s. 8.

Other container sizes

17.1 If wine, sake or fortified wine is sold in a container size other than a container size shown in the Table to section 16, the minimum retail price shall be determined in accordance with the following formula:

A/B × C

in which,

  “A” is the minimum retail price in effect for the container size shown in the Table that is next smaller than the container that is not shown,

  “B” is the size of the container shown in the Table that is next smaller than the container that is not shown, and

  “C” is the size of the container for which the minimum retail price is to be determined.

O. Reg. 405/18, s. 9.

Final determination of minimum retail price

17.2 (1) If a price determined under this Part ends in a multiple of five cents, that price becomes the minimum retail price on the annual adjustment date. O. Reg. 405/18, s. 9.

(2) If a price determined under this Part does not end in a multiple of five cents, it shall be rounded up to the next multiple of five cents and the price, as rounded up, becomes the minimum retail price on the annual adjustment date. O. Reg. 405/18, s. 9.

Part IV
Miscellaneous

New products

18. (1) Before selling liquor that is not Class A spirits, Class B spirits, Class C spirits, beer, wine cooler, wine, sake, fortified wine or cider, the Board shall set a minimum retail price for the liquor.  O. Reg. 116/10, s. 18 (1); O. Reg. 481/16, s. 10 (1).

(2) In establishing a minimum retail price under subsection (1), the Board shall have regard to the liquors to which Parts 1, 2 and 3 apply, and shall set a minimum retail price for the liquor consistent with the price then in effect for the class that the liquor most closely resembles.  O. Reg. 116/10, s. 18 (2); O. Reg. 481/16, s. 10 (2).

(3) Except as provided in this Regulation, the operator of a government store shall not offer or sell liquor for which a minimum retail price has been set under this section at retail sale at a price that is lower than that minimum retail price plus the container deposit, if any. O. Reg. 481/16, s. 10 (3).

(4) The Board shall advise the Minister in writing after setting a minimum retail price under this section.  O. Reg. 116/10, s. 18 (4); O. Reg. 481/16, s. 10 (4).

Exceptions

19. (1) Despite any provision of the Act or this Regulation, the Board may sell any liquor below the minimum retail prices required by this Regulation to any of the following:

1. Her Majesty the Queen in right of Canada, but only in respect of sales made through the Board’s private ordering department.

2. A diplomatic mission or consular post of a foreign state that is officially recognized by Canada, but only in respect of sales made through the Board’s private ordering department.

3. An international organization as defined in the Foreign Missions and International Organizations Act (Canada), but only to the extent specified in an order made under section 5 of that Act and only in respect of sales made through the Board’s private ordering department.

4. The holder of a NATO liquor permit issued by the Board, but only if the holder is purchasing in accordance with the terms of the permit.  O. Reg. 116/10, s. 19 (1).

(2) Despite any provision of the Act or this Regulation, the Board may authorize, in writing, the sale of a particular class, variety or brand of liquor, other than beer, for a price that is below the minimum retail price required by this Regulation for that class, variety or brand if the same price reduction will be made at all government stores and if, in the opinion of the Board, the sale is necessary,

(a) to clear a product that is being delisted;

(b) to clear a product that will soon become unsellable because of age or shelf life; or

(c) because it is part of a plan to permanently reduce inventory of one or more products. O. Reg. 116/10, s. 19 (2).

(3) Despite any provision of the Act or this Regulation, but subject to subsection (4), the Board may authorize, in writing, the sale of a particular class, variety or brand of liquor, other than beer, for a price that is below the minimum price required by this Regulation for that class, variety or brand at a government store specified in the authorization if, in the opinion of the Board, the sale is necessary,

(a) to clear a product that will soon become unsellable because of age or shelf life; or

(b) because it is part of a plan to permanently reduce inventory of that product in that store.  O. Reg. 116/10, s. 19 (3).

(4) A sale described in subsection (3) may not be at a price that is less than 70 per cent of the minimum retail price required by this Regulation for that class, variety or brand of liquor, and may not last for more than four weeks.  O. Reg. 116/10, s. 19 (4).

(5) Revoked:  O. Reg. 116/10, s. 20.

20. Omitted (provides for amendments to this Regulation).  O. Reg. 116/10, s. 20.

21. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 116/10, s. 21.

SChedule 1
Index Factor

1. For the purposes of this Regulation, the index factor is the greater of zero and the value calculated using the following formula, rounded to the nearest one-thousandth:

[(B/C + C/D + D/E) / 3] − 1

in which,

  “B” is the Consumer Price Index for the 12-month period ending the previous November 30,

  “C” is the Consumer Price Index for the 12-month period preceding the 12-month period mentioned in the description of “B”,

  “D” is the Consumer Price Index for the 12-month period preceding the 12-month period mentioned in the description of “C”, and

  “E” is the Consumer Price Index for the 12-month period preceding the 12-month period mentioned in the description of “D”.

2. For the purposes of this Schedule, the Consumer Price Index for a 12-month period is the result arrived at by,

(a) determining the sum of the Consumer Price Index for Ontario (All Items) as published by Statistics Canada under the authority of the Statistics Act (Canada) for each month in that period;

(b) dividing the sum obtained under clause (a) by 12; and

(c) rounding the result obtained under clause (b) to the nearest one-tenth.

O. Reg. 116/10, Sched. 1; O. Reg. 481/16, s. 11.

 

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