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O. Reg. 248/02: MANUFACTURERS' LICENCES

filed August 29, 2002 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ONTARIO regulation 248/02

made under the

liquor licence act

Made: March 8, 2002
Filed: August 29, 2002
Printed in The Ontario Gazette: September 14, 2002

Amending Reg. 720 of R.R.O. 1990

(Manufacturers’ Licences)

1. Section 3 of Regulation 720 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsections:

(6) Despite subsection (1), a manufacturer may give liquor to,

(a) a person authorized to conduct a lottery event in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) where the liquor is a prize to be awarded at the event;

(b) the holder of a special occasion permit where the special occasion is a fundraising event for the advancement of charitable, educational, religious or community objects conducted by,

(i) a charitable organization that is registered under the Income Tax Act (Canada), or

(ii) a non-profit association or organization for the advancement of charitable, educational, religious or community objects.

(7) An employee, agent or licensed representative of a manufacturer may give liquor to the persons mentioned in clauses (6) (a) and (b).

(8) Where liquor is given under subsection (6), the manufacturer shall,

(a) keep records of the liquor given, keep the records for two years and provide them to the Registrar of Alcohol and Gaming upon request;

(b) upon request, make a written report to the Registrar of Alcohol and Gaming stating the amount of liquor that was given within 48 hours after the event. 

2. Section 5 of the Regulation is revoked and the following substituted:

5. (1) In this section,

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of liquor or of the consumption of liquor.

(2) Except for public service advertising, the holder of a manufacturer’s licence may advertise or promote liquor or the availability of liquor only if the advertising,

(a) is consistent with the principle of depicting responsibility in use or service of liquor;

(b) promotes a general brand or type of liquor and not the consumption of liquor in general;

(c) does not imply that consumption of liquor is required in obtaining or enhancing,

(i) social, professional or personal success,

(ii) athletic prowess,

(iii) sexual prowess, opportunity or appeal,

(iv) enjoyment of any activity,

(v) fulfilment of any goal, or

(vi) resolution of social, physical or personal problems;

(d) does not appeal, either directly or indirectly, to persons under the legal drinking age or is not placed in media that are targeted specifically at people under that age;

(e) does not associate consumption of liquor in relation to any activity that requires care and skill or has elements of physical danger;

(f) does not depict motorized vehicles in motion unless the vehicle is a form of public transportation and is not associated with consumption;

(g) does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and

(h) is in compliance with guidelines related to advertising issued by the Registrar of Alcohol and Gaming.

(3) When premises to which a licence applies are used as a setting for a film or television production, the licence holder may show the name of the establishment if the licence holder complies with the requirements set out in subsection (2).

3. Sections 13, 14, 15, 16, 17, 18, 20, 20.1 and 21 of the Regulation are revoked.

37/02