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ontario regulation 353/07

made under the

Liquor Licence Act

Made: June 13, 2007
Filed: July 13, 2007
Published on e-Laws: July 16, 2007
Printed in The Ontario Gazette: July 28, 2007

Amending Reg. 718 of R.R.O. 1990

(General)

1. Subparagraph 5 iii of subsection 2.1 (2) of Regulation 718 of the Revised Regulations of Ontario, 1990 is amended by striking out “new”.

2. Subsection 6 (1) of the Regulation is amended by striking out “The board of the Alcohol and Gaming Commission of Ontario” at the beginning and substituting “The Registrar of Alcohol and Gaming”.

3. Section 14 of the Regulation is amended by adding the following subsection:

(2.1) A licence holder whose business address changes shall immediately inform the Registrar of Alcohol and Gaming of the new address.

4. Paragraph 5 of subsection 17 (4) of the Regulation is revoked.

5. The Regulation is amended by adding the following section:

23.1 On and after January 1, 2008, all current and new holders of a licence to deliver liquor shall ensure that all managers and other persons, whether employed by or under contract to the licence holder, who are involved with taking liquor orders from customers or in the service or supply of liquor to customers, hold a certificate demonstrating the successful completion of a server training course approved by the board of the Alcohol and Gaming Commission, within 60 days of the commencement of employment or of first being under contract.

6. Sections 24 and 25 of the Regulation are revoked and the following substituted:

Transfer of Licence

24. (1) The following are prescribed changes for the purposes of section 16 of the Act:

1. An individual becomes or ceases to be an officer or director of a licence holder that is a corporation or a corporation that effectively controls the business.

2. A person becomes or ceases to be a partner of a licence holder that is a partnership. 

3. A person or partnership acquires a beneficial interest in the business of the licence holder, including holding or controlling shares of a licence holder that is a corporation or in a corporation that effectively controls the business.

4. A person or partnership other than the licence holder becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the sale of liquor at the premises to which the licence applies. 

(2) For the purposes of paragraph 3 of subsection (1), if a person or partnership acquires shares in a licence holder that is a corporation or in a corporation that effectively controls the business of the licence holder, an acquisition that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation is a prescribed change.

(3) Despite subsection (1), the following prescribed changes shall be considered rollovers by the Registrar for the purposes of transferring a licence if the principal individuals involved in the business of the licence holder remain the same after the change occurs:

1. A licence holder that is a sole proprietorship becomes a corporation.

2. A licence holder that is a partnership becomes a sole proprietorship or a corporation.

3. A licence holder that is a corporation becomes a sole proprietorship or a partnership. 

(4) Despite paragraph 1 of subsection (1), if an individual ceases to be an officer or director of a licence holder that is a corporation, the corporation may deliver liquor for a fee without transferring its licence, if the corporation gives the Registrar of Alcohol and Gaming notice of the change within 30 days after it occurs.

(5) Despite paragraph 2 of subsection (1), if a partner ceases to be a partner in a partnership that is a licence holder, the partnership may deliver liquor for a fee  without transferring its licence, if the partnership gives the Registrar of Alcohol and Gaming notice of the change within 30 days after it occurs.   

7. Section 27 of the Regulation is revoked.

8. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed. 

(2) Section 2 comes into force on the later of,

(a) the day subsection 16 (58) of the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force; and

(b) the day this Regulation is filed.