ontario regulation 481/16
made under the
Liquor Control Act
Made: December 14, 2016
Filed: December 19, 2016
Published on e-Laws: December 19, 2016
Printed in The Ontario Gazette: January 7, 2017
Amending O. Reg. 116/10
(MINIMUM PRICING OF LIQUOR AND OTHER PRICING MATTERS)
1. Subsection 3 (2) of Ontario Regulation 116/10 is amended by striking out “container deposit” at the end and substituting “container deposit, if any”.
2. The heading to Part II of the Regulation is amended by striking out “DRAFT”.
3. (1) Subsection 8 (1) of the Regulation is amended by striking out “draft”.
(2) Subsection 8 (2) of the Regulation is amended by,
(a) striking out “draft”; and
(b) adding “plus the container deposit, if any” at the end.
(3) Paragraph 2 of subsection 8 (3) of the Regulation is revoked and the following substituted:
2. The minimum retail price for a product sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus 8.93 cents per non-refillable container, plus an amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of that amount, plus an amount equal to 4 per cent of 8.93 cents.
(4) Section 8 of the Regulation is amended by adding the following subsection:
(3.1) Beginning March 1, 2017, the minimum retail price for non-draft cider is the same as the minimum retail price for non-draft beer.
(5) Subsection 8 (4) of the Regulation is amended by striking out “and draft cider” in the portion before paragraph 1.
(6) Paragraph 1 of subsection 8 (4) is amended by striking out “or draft cider”.
(7) Paragraph 2 of subsection 8 (4) of the Regulation is revoked and the following substituted:
2. The minimum retail price for a product sold in a non-refillable container shall be the sum of the amount determined under paragraph 1 plus 8.93 cents per non-refillable container, plus an amount equal to the harmonized sales tax that would be payable by a purchaser under Part IX of the Excise Tax Act (Canada) in respect of that amount, plus an amount equal to 4 per cent of 8.93 cents.
(8) Section 8 of the Regulation is amended by adding the following subsection:
(4.1) Beginning March 1, 2017, the minimum retail price for draft cider is the same as the minimum retail price for draft beer.
4. (1) Section 9 of the Regulation is amended by striking out “draft cider”.
(2) The Table to section 9 of the Regulation is revoked and the following substituted:
Table
baseline rates
|
Column 1 Alcohol content by volume |
Column 2 Baseline Rate |
|
Non-draft beer, less than 4.1% |
$3.045 per litre |
|
Non-draft beer, 4.1 to less than 4.9% |
$3.089 per litre |
|
Non-draft beer, 4.9 to less than 5.6% |
$3.170 per litre |
|
Non-draft beer, 5.6% or more |
$58.870 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations |
|
Class C spirits, less than 4.1% |
$3.045 per litre |
|
Class C spirits, 4.1 to less than 4.9% |
$3.089 per litre |
|
Class C spirits, 4.9 to less than 5.6% |
$3.170 per litre |
|
Class C spirits, 5.6% or more |
$58.870 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations |
|
Wine coolers, less than 4.1% |
$3.045 per litre |
|
Wine coolers, 4.1 to less than 4.9% |
$3.089 per litre |
|
Wine coolers, 4.9 to less than 5.6% |
$3.170 per litre |
|
Wine coolers, 5.6% up to and including 7% |
$58.870 per litre of absolute alcohol as defined in Division 2 of the Food and Drug Regulations |
|
Draft beer, any alcohol content |
$2.456 per litre |
5. The heading to Part III of the Regulation is revoked and the following substituted:
Part III
wine, sake and fortified wine
6. Section 14 of the Regulation is amended by adding “or cider” at the end.
7. Section 15 of the Regulation is revoked and the following substituted:
Minimum retail prices, wine, sake and fortified wine
15. (1) In exercising its power to fix the price at which wine, sake and fortified wine may be sold at retail in government stores, the Board shall not set the price of any product below the minimum retail price established in accordance with this Part in respect of the category to which the product belongs and the size of the container in which it is to be sold.
(2) Except as provided in this Regulation, the operator of a government store shall not offer or sell wine, sake or fortified wine at retail at a price lower than the minimum retail price established in accordance with this Part for the class and size of container in which the wine, sake or fortified wine is to be sold plus the container deposit, if any.
8. (1) Section 16 of the Regulation is revoked and the following substituted:
Minimum retail price beginning March 1, 2017
16. Beginning March 1, 2017, the minimum retail price for wine, sake and fortified wine is the price set out in Column 2, 3 or 4, as the case may be, for the size of container set out in Column 1 of the Table to this section.
Table
Minimum retail price effective March 1, 2017
|
Column 1 Container size (mL) |
Column 2 Wine and Sake: 7% or more alcohol content by volume |
Column 3 Wine and Sake: less than 7% alcohol content by volume |
Column 4 Fortified Wine |
|
50 |
0.40 |
0.35 |
0.45 |
|
375 |
3.35 |
2.95 |
3.95 |
|
750 |
6.25 |
5.55 |
7.60 |
|
1000 |
8.05 |
7.10 |
9.75 |
|
1500 |
11.65 |
10.30 |
14.15 |
|
2000 |
15.05 |
13.30 |
18.35 |
|
3000 |
22.10 |
19.50 |
27.05 |
|
4000 |
28.85 |
25.45 |
35.45 |
|
6000 |
42.80 |
37.75 |
52.90 |
|
8000 |
53.05 |
46.80 |
65.60 |
|
10,000 |
63.90 |
56.35 |
79.25 |
|
16,000 |
77.10 |
66.85 |
102.70 |
|
18,000 |
84.15 |
72.80 |
112.80 |
|
20,000 |
91.70 |
79.10 |
123.45 |
|
50,000 |
226.15 |
195.00 |
305.45 |
(2) Section 16 of the Regulation, as remade by subsection (1), is revoked and the following substituted:
Minimum retail price beginning March 1, 2018
16. Beginning March 1, 2018, the minimum retail price for wine, sake and fortified wine is the price set out in Column 2, 3 or 4, as the case may be, for the size of container set out in Column 1 of the Table to this section.
Table
Minimum retail price effective March 1, 2018
|
Column 1 Container size (mL) |
Column 2 Wine and Sake: 7% or more alcohol content by volume |
Column 3 Wine and Sake: less than 7% alcohol content by volume |
Column 4 Fortified Wine |
|
50 |
0.45 |
0.35 |
0.55 |
|
375 |
3.75 |
3.00 |
4.30 |
|
750 |
7.05 |
5.65 |
8.35 |
|
1000 |
9.10 |
7.25 |
10.70 |
|
1500 |
13.10 |
10.50 |
15.55 |
|
2000 |
16.90 |
13.55 |
20.15 |
|
3000 |
24.85 |
19.85 |
29.70 |
|
4000 |
32.45 |
25.90 |
38.90 |
|
6000 |
48.10 |
38.40 |
58.00 |
|
8000 |
59.65 |
47.60 |
72.00 |
|
10,000 |
71.85 |
57.35 |
86.95 |
|
16,000 |
86.70 |
68.00 |
112.65 |
|
18,000 |
94.60 |
74.05 |
123.75 |
|
20,000 |
103.10 |
80.50 |
135.45 |
|
50,000 |
254.20 |
198.40 |
335.10 |
(3) Section 16 of the Regulation, as remade by subsection (2), is revoked and the following substituted:
Minimum retail price beginning March 1, 2019
16. Beginning March 1, 2019, the minimum retail price for wine, sake and fortified wine is the price set out in Column 2, 3 or 4, as the case may be, for the size of container set out in Column 1 of the Table to this section.
Table
Minimum retail price effective March 1, 2019
|
Column 1 Container size (mL) |
Column 2 Wine and Sake: 7% or more alcohol content by volume |
Column 3 Wine and Sake: less than 7% alcohol content by volume |
Column 4 Fortified Wine |
|
50 |
0.50 |
0.35 |
0.55 |
|
375 |
4.10 |
3.05 |
4.65 |
|
750 |
7.75 |
5.75 |
9.00 |
|
1000 |
9.95 |
7.35 |
11.55 |
|
1500 |
14.35 |
10.65 |
16.80 |
|
2000 |
18.55 |
13.75 |
21.80 |
|
3000 |
27.25 |
20.15 |
32.10 |
|
4000 |
35.55 |
26.30 |
42.05 |
|
6000 |
52.75 |
39.05 |
62.75 |
|
8000 |
65.40 |
48.40 |
77.85 |
|
10,000 |
78.80 |
58.30 |
94.05 |
|
16,000 |
95.05 |
69.15 |
121.85 |
|
18,000 |
103.75 |
75.30 |
133.85 |
|
20,000 |
113.05 |
81.85 |
146.50 |
|
50,000 |
278.75 |
201.75 |
362.45 |
9. Section 17 of the Regulation is revoked and the following substituted:
Annual adjustment beginning March 1, 2020
17. (1) On each annual adjustment date beginning March 1, 2020, the Board shall, in accordance with the following formula, adjust the minimum retail price at which each container size of wine, sake and fortified wine set out in the Table to section 16 can be sold:
A + (A × I)
in which,
“A” is the minimum retail price in effect on the day before the annual adjustment date of the particular year, and
“I” is the index factor determined in accordance with Schedule 1.
(2) If wine, sake or fortified wine is sold in a container size other than a container size shown in the Table to section 16, the minimum retail price shall be determined in accordance with the following formula:
A/B × C
in which,
“A” is the minimum retail price in effect for the container size shown in the Table that is next smaller than the container that is not shown,
“B” is the size of the container shown in the Table that is next smaller than the container that is not shown, and
“C” is the size of the container for which the minimum retail price is to be determined.
10. (1) Subsection 18 (1) of the Regulation is amended by striking out “or a reference rate, as the case may be”.
(2) Subsection 18 (2) of the Regulation is amended by,
(a) striking out “or a reference rate” wherever it appears; and
(b) striking out “or rate”.
(3) Subsection 18 (3) of the Regulation is revoked and the following substituted:
(3) Except as provided in this Regulation, the operator of a government store shall not offer or sell liquor for which a minimum retail price has been set under this section at retail sale at a price that is lower than that minimum retail price plus the container deposit, if any.
(4) Subsection 18 (4) of the Regulation is amended by striking out “or a reference rate”.
11. Section 1 of Schedule 1 to the Regulation is amended by striking out “zero or” and substituting “zero and”.
Commencement
12. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of March 1, 2017 and the day it is filed.
(2) Subsection 8 (2) comes into force on March 1, 2018.
(3) Subsection 8 (3) comes into force on March 1, 2019.