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O. Reg. 34/16: FERMENT ON PREMISE FACILITIES

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

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ontario regulation 34/16

made under the

Liquor Licence Act

Made: February 10, 2016
Filed: February 17, 2016
Published on e-Laws: February 18, 2016
Printed in The Ontario Gazette: March 5, 2016

Amending O. Reg. 58/00

(FERMENT ON PREMISE FACILITIES)

1. The definition of “Registrar” in section 1 of Ontario Regulation 58/00 is revoked.

2. Section 5 of the Regulation is amended by adding the following subsections:

(2.1) Clause (1) (a) does not prevent a person, whom the customer designates and who is not the licensee or the licensee’s employee or agent, from making beer or wine on behalf of the customer on the licensed premises.

. . . . .

(3.1) Clause (1) (d) does not prevent the licensee or any of the licensee’s employees from removing carboys, after first informing the Registrar, when the location of the ferment on premise facility is moved.

3. Subsections 10 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) In this section,

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

(2) Except for public service advertising, a licensee may advertise or promote beer or wine or the availability of beer or wine only if the advertising,

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

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

(c) does not imply that consumption of beer or wine 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 beer or wine 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 beer or wine, 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 beer or wine; 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.

4. The following provisions of section 16 of the Regulation are amended by striking out “of Alcohol and Gaming” after “Registrar” in each case:

1. Subsection (4).

2. Subsection (5).

Commencement

5. This Regulation comes into force on the later of July 1, 2016 and the day it is filed.