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Liquor Control Act
Loi sur les alcools

R.R.O. 1990, REGULATION 717

GENERAL

Historical version for the period December 13, 2007 to March 5, 2009.

Last amendment: O. Reg. 563/07.

This Regulation is made in English only.

1. A government store shall be kept open for the sale of liquor during such hours as the Board from time to time directs. R.R.O. 1990, Reg. 717, s. 1.

2. Government stores for the sale of beer only may be established by the Brewers’ Warehousing Company Limited in any location approved by the Board and a manufacturer of beer licensed by the Liquor Licence Board of Ontario may store and sell beer therein under the control and supervision of the Board. R.R.O. 1990, Reg. 717, s. 2.

2.1 (1) Manufacturers are authorized to sell beer manufactured outside Ontario but within Canada to the Board for sale through Brewers’ Retail Inc. at the outlets approved by the Board. O. Reg. 345/92, s. 1.

(2) Subsection (1) applies with respect to beer manufactured in a jurisdiction only if, in that jurisdiction, manufacturers are treated, with respect to the selling of beer manufactured in Ontario, in a way that is similar to the way manufacturers are treated in Ontario under subsection (1). O. Reg. 345/92, s. 1.

2.2 (1) For the purpose of exercising its power to fix the price at which various classes, varieties and brands of beer may be sold in government stores, the Board shall establish for each class of beer a single minimum price below which no government store may sell a particular class of beer. O. Reg. 165/96, s. 1.

(2) After it has established the minimum price for a particular class of beer, the Board shall ensure that, with the exception of an outlet designated by the Minister of National Revenue as a duty free sales outlet under the Customs Act (Canada), no government store offers beer belonging to that class for sale at a price lower than the minimum price established. O. Reg. 165/96, s. 1.

2.3 The following rules apply with respect to applications made by manufacturers of beer to the Board for a change in the price at which their beer is sold by Brewers Retail Inc.:

1. Manufacturers of beer may request a change in the price at which their 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 within the meaning of the Interpretation Act, no later than 4 p.m. on the first day thereafter that is not a holiday within the meaning of that Act.

2. On condition that the price change requested is not lower than the minimum price established by the Board, the Board shall notify the applicant manufacturer and Brewers Retail Inc. that the price change will, subject to paragraph 3, go into effect on the second Monday following the making of the application, or, if Monday is a holiday within the meaning of the Interpretation Act, on the first day thereafter that is not a holiday within the meaning of that Act.

3. No price increase shall go into effect in the month of December. O. Reg. 165/96, s. 1.

2.4 Despite section 2.3, for the period beginning on Monday, December 17, 2007 and ending on Sunday, December 23, 2007, the following rules apply with respect to applications made by manufacturers of beer to the Board for a change in the price at which their beer is sold by Brewers Retail Inc.:

1. Manufacturers of beer may request a change in the price at which their beer is sold by submitting a price change application to the Board by Wednesday, December 19, 2007 no later than 4 p.m.

2. On condition that the price change requested is not lower than the minimum price established by the Board, the Board shall notify the applicant manufacturer and Brewers Retail Inc. that the price change will, subject to paragraph 3, go into effect on Wednesday, January 2, 2008.

3. No price increase shall go into effect on Wednesday, January 2, 2008. O. Reg. 563/07, s. 1.

3. (1) Subject to the approval of the Board, a manufacturer of Ontario wine may establish government stores for the retail sale of wine made by the manufacturer. R.R.O. 1990, Reg. 717, s. 3 (1).

(2) In a store established under subsection (1), a manufacturer may sell only,

(a) wine made by the manufacturer; and

(b) subject to the approval of the Board, Ontario wine made by other manufacturers of Ontario wine as part of a gift or souvenir package that includes wine made by the manufacturer. R.R.O. 1990, Reg. 717, s. 3 (2).

4. (1) A manufacturer may sell or deliver only wine that conforms with the Food and Drugs Act (Canada) and the regulations made thereunder. R.R.O. 1990, Reg. 717, s. 4 (1).

(2) A manufacturer may sell or deliver only,

(a) Ontario wine produced from fruit grown in Ontario;

(b) Ontario wine produced from apples grown in Ontario combined with the concentrated juice of apples grown out of Ontario in the proportion prescribed in Regulation 718 of the Revised Regulations of Ontario, 1990;

(c) Ontario wine produced by the alcoholic fermentation of Ontario honey;

(d) wine manufactured in accordance with the Wine Content Act; or

(e) wine that is manufactured outside of Ontario, imported into Ontario as finished product pursuant to an authorization of the Board and bottled in Ontario by a manufacturer of Ontario wine on condition that the sale or delivery of such wine is to the Board only. R.R.O. 1990, Reg. 717, s. 4 (2); O. Reg. 271/97, s. 1.

(3) No manufacturer shall add distillate of cereal grains to wine except if the distillate is made from cereal grains grown in Ontario and the wine contains at least 14 per cent of alcohol by volume. R.R.O. 1990, Reg. 717, s. 4 (3).

5. (1) Ontario wine that meets the following standards is classified as Ontario table wine:

1. The wine must be manufactured entirely from Ontario grapes of the vinifera or French hybrid varieties as set out in the Schedule and may include Ontario grapes of vinifera or French hybrid varieties that are in an experimental stage but not included in the Schedule.

2. The total volume, measured on the 30th day of November in the year of manufacture of wine from one tonne of Ontario grapes, is not more than 902 litres. R.R.O. 1990, Reg. 717, s. 5 (1).

(2) No manufacturer shall call a wine an Ontario table wine unless it meets the standards set out in subsection (1). R.R.O. 1990, Reg. 717, s. 5 (2).

6. If wine sold by a manufacturer is more than 7 per cent but less than 14 per cent of alcohol by volume and is manufactured in any part from labrusca grapes not listed in the Schedule or grape product resulting from labrusca grapes not listed in the Schedule, the label on each bottle of the wine shall indicate that the wine contains native North American variety grapes. R.R.O. 1990, Reg. 717, s. 6.

7. No manufacturer of wine shall sell wine to another manufacturer without the approval of the Board. R.R.O. 1990, Reg. 717, s. 7.

8. No person shall transfer wine or distillate of wine from the premises of a manufacturer to any other premises in Ontario without the approval of the Board. R.R.O. 1990, Reg. 717, s. 8.

9. A manufacturer of wine whose products are sold by the Board may, with the approval of the Board, establish a wine warehouse for the purpose of warehousing or storing the manufacturer’s wine. R.R.O. 1990, Reg. 717, s. 9.

10. Once a month, a manufacturer shall provide the Board with a record of all retail sales of wine made through the government stores operated by the manufacturer. R.R.O. 1990, Reg. 717, s. 10.

11. Each cask, vat or container in excess of 682 litres (150 Imperial gallons) capacity used by a manufacturer for the storage of wine shall have,

(a) an individual number painted thereon or affixed thereon by means of metal figures; and

(b) the capacity in Imperial gallons or litres plainly indicated thereon. R.R.O. 1990, Reg. 717, s. 11.

12. (1) Every manufacturer shall keep books and records that fully and clearly set out a record of,

(a) all Ontario fruits, sugar and other materials purchased for producing and processing wine;

(b) all selling and disposing of wine;

(c) the winery’s accountable inventory, as of the 30th day of November in each year, of table wines and of other wines; and

(d) all materials and the quantity of each used in manufacturing both Ontario wine and wine manufactured in accordance with the Wine Content Act. R.R.O. 1990, Reg. 717, s. 12 (1).

(2) Every manufacturer shall keep the books and records required under subsection (1) for two years following the year in which the last entry was made and, during that period, shall produce the books and records for examination at the request of the Board. R.R.O. 1990, Reg. 717, s. 12 (2).

13. (1) A manufacturer of Ontario wine shall be allowed as loss up to 5 per cent of the total volume of new wine within the first six months from the commencement of fermentation, up to 1½ per cent of the total volume of new wine in the second six months of the first year, and up to 3 per cent of the total volume of wine in each succeeding year and such allowances shall be considered as resulting from lees and evaporation. R.R.O. 1990, Reg. 717, s. 13 (1).

(2) Where wine is baked on the premises of a manufacturer of Ontario wine, allowances for loss up to, but not exceeding, 5 per cent may be made provided the manufacturer keeps a record showing,

(a) the serial number of each tank;

(b) the date on which wine is placed in the tank;

(c) the quantity of alcohol contained in the wine;

(d) the date on which baking is commenced;

(e) the date on which baking is completed;

(f) the method employed;

(g) the date on which the wine is removed from the tank; and

(h) the quantity removed and its alcoholic content,

and no allowance for losses due to the baking of wine shall be made unless shown by such record to have been sustained. R.R.O. 1990, Reg. 717, s. 13 (2).

(3) Where wine is stored in barrels of under 150 Imperial gallons capacity, an additional allowance for loss of 3 per cent after the first year of age shall be made. R.R.O. 1990, Reg. 717, s. 13 (3).

14. A manufacturer who loses any wine other than a loss from lees, evaporation or processing shall report the loss to the Board forthwith. R.R.O. 1990, Reg. 717, s. 14.

15. A manufacturer found with less wine on the manufacturer’s premises than the records indicate should be there shall be deemed to have sold wine in the amount of the shortage. R.R.O. 1990, Reg. 717, s. 15.

16. Every manufacturer shall, not later than the tenth day of every month, furnish the Board with a statement, on a form provided by the Board, showing,

(a) quantities of wine sold during the next preceding month;

(b) quantities of Ontario grown grapes, cherries, other fruits and concentrates thereof and the concentrated juice of apples grown outside Ontario purchased or used in the production of Ontario wine during the month for which the statement is made; and

(c) quantities of imported grapes or grape product purchased or used in the production of wine during the month for which the statement is made. R.R.O. 1990, Reg. 717, s. 16.

17. (1) By the 10th day of April in each year, every manufacturer of Ontario wine shall furnish the Board with a statement on a form provided by the Board showing the manufacturer’s volume of business. R.R.O. 1990, Reg. 717, s. 17 (1).

(2) At the request of the Board, a manufacturer shall produce for examination books of account, invoices and all paper necessary to show the quantity of materials used in the production of wine and to show the quantity of wine sold for export from Ontario. R.R.O. 1990, Reg. 717, s. 17 (2).

18. (1) For the purpose of this section and sections 19 and 20,

“purchase permit” means a permit issued by the Board for the purchase of liquor to be sold or served at an event for which a special occasion permit is issued under the Liquor Licence Act. R.R.O. 1990, Reg. 717, s. 18 (1).

(2) Every person authorized to sell liquor at a government store is an official for the purpose of issuing a purchase permit and shall collect the fees for such a permit. R.R.O. 1990, Reg. 717, s. 18 (2).

(3) Employees of the Liquor Licence Board of Ontario designated by the Board are agents of the Board for the purpose of issuing a purchase permit and shall collect the fees for such a permit. R.R.O. 1990, Reg. 717, s. 18 (3).

(4) Fees collected on the issue of a purchase permit shall be paid to the Board as directed by the Board. R.R.O. 1990, Reg. 717, s. 18 (4).

19. (1) Where a special occasion permit for the sale of liquor is issued pursuant to the Liquor Licence Act, the liquor specified for sale in the special occasion permit may be purchased at a government store only after the issue of a purchase permit. R.R.O. 1990, Reg. 717, s. 19 (1).

(2) Where a purchase permit is issued, it shall be issued in the name of the person named in the special occasion permit. R.R.O. 1990, Reg. 717, s. 19 (2).

(3) The fee payable upon the issue of a purchase permit shall be,

(a) for spirits, wine and imported beer, 16 per cent of the retail price including provincial sales tax; and

(b) for domestic beer, 16 per cent of the retail price including provincial sales tax but excluding any container deposit. R.R.O. 1990, Reg. 717, s. 19 (3).

(4) Despite subsection (1), no purchase permit is required where a special occasion permit for the sale of liquor is issued for a wedding reception. R.R.O. 1990, Reg. 717, s. 19 (4).

20. (1) Liquor obtained under a purchase permit may be returned to any government store. R.R.O. 1990, Reg. 717, s. 20 (1).

(2) Where liquor is returned to a government store under subsection (1), a refund shall be made on the fee paid. R.R.O. 1990, Reg. 717, s. 20 (2).

(3) A refund under subsection (2) may be made only to the person named in the purchase permit, or the person’s agent, upon the production of the purchase permit and the return of the liquor within seven days of the function in respect of which the special occasion permit for the sale of liquor was issued. R.R.O. 1990, Reg. 717, s. 20 (3).

(4) A refund under subsection (2) shall be made only in respect of unopened bottles, in marketable condition, of spirits and wine and unopened cases, in marketable condition, of beer. R.R.O. 1990, Reg. 717, s. 20 (4).

SCHEDULE

FRENCH HYBRIDS — RED (VINIFERA HYBRID)

Baco Noir, Cascade, Chambourcin, Chancellor, Seibel 13053, Villard Noir, De Chaunac, Chelois, Rosette, Marechal Foch, Leon Millot, Le Commandant, Castel, B.S. 2846, Landot, Colobel.

FRENCH HYBRIDS — WHITE (VINIFERA HYBRID)

Aurore, Seibel 8229, Seibel 10868, Seibel 13047, Verdelet, Seyve-Villard 172, S.V. 23-512, Seyval Blanc, Vidal 256, Siegfried Rebe, Couderc 29935, Florental, Cayuga White, Vee Blanc, V50201, Vivant, J523-0416, V65-232, Canada Muscat, N.Y. Muscat.

VINIFERA

J. Riesling, Welch Riesling, Bacchus, Kerner, Scheurebe.

Gamay, Aligote.

Chardonnay.

Auyerrios, Cabernet Franc, Cabernet Sauvignon, Gewurztraminer, Merlot, Pinot Gris, Pinot Noir.

AMERICAN HYBRIDS

Delaware, Duchess, Alden, Vincent.

R.R.O. 1990, Reg. 717, Sched.