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O. Reg. 30/16: GENERAL

filed February 17, 2016 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ontario regulation 30/16

made under the

Liquor Licence Act

Made: February 10, 2016
Filed: February 17, 2016
Published on e-Laws: February 17, 2016
Printed in The Ontario Gazette: March 5, 2016

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

(GENERAL)

1. The following provisions of Regulation 718 of the Revised Regulations of Ontario, 1990 are amended by striking out “Registrar of Alcohol and Gaming” wherever that expression appears and substituting in each case “Registrar”:

1. Subsection 2 (1).

2. Paragraph 2 of subsection 2.1 (2).

3. Subsection 6 (1).

4. Section 12.

5. Subsection 14 (1).

6. Subsection 14 (2.1).

7. Subsection 14 (3).

8. Subsection 14 (4).

9. Subsection 18 (1).

10. Subsection 18 (2).

11. Subsection 23 (2), in the portion before clause (a).

12. Clause 23 (2) (a).

13. Clause 23 (2) (b).

14. Subsection 24 (4).

15. Subsection 24 (5).

2. (1) Subsection 2.1 (2) of the Regulation is amended by adding the following paragraph:

0.1 The holder shall ensure that the holder, all managers and other persons, whether employed by or under contract to the holder, who are involved in taking orders from customers for the sale of liquor or in providing samples of liquor to customers for the purpose of encouraging the sale of liquor to them, hold a certificate demonstrating the successful completion of a server training course approved by the Board.

(2) Paragraph 3 of subsection 2.1 (2) of the Regulation is amended by striking out “referred to in subsection (3)” and substituting “approved by the Registrar”.

(3) Paragraph 6 of subsection 2.1 (2) of the Regulation is amended by striking out “180” and substituting “360”.

(4) Paragraph 7 of subsection 2.1 (2) of the Regulation is revoked and the following substituted:

7. The holder shall retain purchase orders for one year after receiving them.

8. Upon delivering liquor to a purchaser who purchases it from the holder, the holder shall provide the purchaser with an invoice that shows the cost of the liquor and any service fees charged by the holder.

(5) Subsection 2.1 (3) of the Regulation is revoked.

3. Clause 6 (3.1) (c) of the Regulation is amended by striking out “board of the Alcohol and Gaming Commission of Ontario” at the end and substituting “Board”.

4. Clause 11 (b) of the Regulation is amended by striking out “a Board employee” at the end and substituting “an employee of that Board”.

5. Section 21 of the Regulation is revoked and the following substituted:

21. (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 licence to deliver liquor may advertise or promote liquor or the availability of liquor only if the advertising,

(a) is consistent with the principle of depicting responsibility in the 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 with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of physical danger;

(f) does not depict motorized vehicles in motion in advertising showing the consumption of liquor, unless the motorized vehicle is a form of public transportation;

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

(h) is in compliance with the guidelines related to advertising issued by the Registrar and published on the website of the Alcohol and Gaming Commission of Ontario, as they are amended from time to time.

6. (1) Section 23.1 of the Regulation is amended by striking out “board of the Alcohol and Gaming Commission of Ontario” and substituting “Board”.

(2) Section 23.1 of the Regulation is amended by striking out “within 60 days of the commencement of employment or of first being under contract” at the end.

Commencement

7. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2016 and the day it is filed.

(2) Subsection 6 (2) comes into force on July 1, 2017.