ontario regulation 293/15
made under the
Liquor Control Act
Made: September 16, 2015
Filed: September 22, 2015
Published on e-Laws: September 23, 2015
Printed in The Ontario Gazette: October 10, 2015
Amending O. Reg. 13/07
(ONTARIO DEPOSIT RETURN PROGRAM)
1. (1) The definition of “Ontario deposit return program” in section 1 of Ontario Regulation 13/07 is revoked and the following substituted:
“Ontario deposit return program” means, subject to subsection (2), the waste reduction and recycling program established by the government of Ontario that includes,
(a) the requirement that manufacturers of beer and spirits and wineries that manufacture Ontario wine that are authorized to sell liquor to the public through their government stores under the Act or to sell directly to persons licensed to sell liquor under the Liquor Licence Act collect a deposit and remit the deposit to the Board, and
(b) the requirement that persons authorized under clause 3 (1) (e.1) of the Act to operate government stores for the sale of liquor to the public collect a deposit; (“programme de consignation de l’Ontario”)
(2) Section 1 of the Regulation is amended by adding the following subsection:
(2) The Ontario deposit return program does not include the Brewers Retail Inc. packaging return system.
2. (1) Subsection 2 (1) of the Regulation is revoked and the following substituted:
(1) This Regulation applies to the following:
1. All manufacturers of beer and spirits and wineries that manufacture Ontario wine that are authorized,
i. under clause 3 (1) (e) of the Act to operate a government store, or
ii. under clause 3 (1) (b) of the Act to sell directly to persons licensed to sell liquor under the Liquor Licence Act.
2. All persons who are authorized under clause 3 (1) (e.1) of the Act to operate government stores for the sale of liquor to the public.
(2) Section 2 of the Regulation is amended by adding the following subsections:
(2.1) A person authorized under clause 3 (1) (e.1) of the Act to operate a government store for the sale of liquor to the public shall, as a condition to the authorization,
(a) collect a deposit on every regulated container it sells directly through its government store;
(b) maintain at its head office all necessary records to substantiate that all deposits have been collected in accordance with the Ontario deposit return program;
(c) permit the Minister or his or her designate to conduct audits of the records referred to in clause (b) and assist in an audit in accordance with subsection (3.1); and
(d) correct its records and remit any amount found to be owing to the Board, in accordance with subsection (4.1).
. . . . .
(3.1) A person described in paragraph 2 of subsection (1) shall make available to the Minister or his or her designate copies of all records requested for the purpose of conducting an audit under clause (2.1) (c).
(3) Subsection 2 (4) of the Regulation is amended by striking out “an audit” in the portion before clause (a) and substituting “an audit under clause (2) (e)”.
(4) Section 2 of the Regulation is amended by adding the following subsection:
(4.1) If the Minister or his or her designate determines during an audit under clause (2.1) (c) that the amount of the deposits that have been collected is greater than the amount required under the Ontario deposit return program, the Minister may by order require,
(a) that corrections be made to the records of the authorized person; and
(b) that the person remit the amount owing to the Board within 15 days after the date of the order.
3. Section 3 of the Regulation is amended by adding “or a person who is required to collect deposits under subsection 2 (2.1)” after “under subsection 2 (2)”.
4. (1) Subsection 4 (1) of the Regulation is amended by striking out “an audit” and substituting “an audit under clause 2 (2) (e)”.
(2) Subsection 4 (2) of the Regulation is amended by striking out “an audit” and substituting “an audit under clause 2 (2) (e)”.
Commencement
5. This Regulation comes into force on the day it is filed.