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O. Reg. 481/16: MINIMUM PRICING OF LIQUOR AND OTHER PRICING MATTERS

filed December 19, 2016 under Liquor Control Act, R.S.O. 1990, c. L.18

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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.