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ontario regulation 376/20

made under the

Liquor Licence Act

Made: July 15, 2020
Filed: July 15, 2020
Published on e-Laws: July 16, 2020
Printed in The Ontario Gazette: August 1, 2020

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

(GENERAL)

1. The French version of subsections 3 (2) and (8) of Regulation 718 of the Revised Regulations of Ontario, 1990 is amended by striking out “normalement” wherever it appears and substituting in each case “ordinairement”.

2. (1) Subsection 14 (1.1) of the Regulation is amended by striking out “section 15” and substituting “subsection 15 (1)”.

(2) Section 14 of the Regulation is amended by adding the following subsections:

(1.2) A licence holder is exempt from subsection 10 (5) of the Act with respect to an agreement with a manufacturer of liquor that facilitates the purchase and delivery by the licence holder of the liquor of the manufacturer on behalf of a customer, if the agreement,

(a) applies only to the purchase and delivery of liquor before July 1, 2021;

(b) does not restrict either party to the agreement from entering into an agreement with another person that facilitates the purchase and delivery by a licence holder of the liquor of a manufacturer on behalf of a customer; and

(c) does not restrict the manufacturer from arranging for the delivery of the liquor of the manufacturer on the manufacturer’s behalf in accordance with the conditions of an authorization issued under clause 3 (1) (e) of the Liquor Control Act.

(1.3) Subsection (1.2) applies with necessary modifications with respect to agreements with Brewers Retail Inc. that facilitate the purchase and delivery of liquor by a licence holder.

(3) Subsections 14 (1.2) and (1.3) of the Regulation, as made by subsection (2), are revoked.

3. (1) Paragraph 1 of section 15 of the Regulation is amended by striking out “shall purchase liquor” and substituting “shall ensure that liquor is purchased”.

(2) Paragraph 2 of section 15 of the Regulation is amended by striking out “shall not purchase liquor” and substituting “shall ensure that liquor is not purchased”.

(3) Paragraph 2.1 of section 15 of the Regulation is amended by striking out “shall not purchase liquor” and substituting “shall ensure that liquor is not purchased”.

(4) Paragraph 2.3 of section 15 of the Regulation is amended by striking out “shall not purchase beer” and substituting “shall ensure that beer is not purchased”.

(5) Section 15 of the Regulation is amended by adding the following paragraph:

2.4 The licence holder shall ensure that the delivery of liquor is only to,

i. a residence, or

ii. a private place, as defined in subsection 3 (1).

(6) Paragraph 3 of section 15 of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

3. An order shall include, and the licence holder shall ensure the recording on an order form of,

. . . . .

(7) Subparagraph 3 iv of section 15 of the Regulation is amended by striking out “residential”.

(8) Paragraph 4 of section 15 of the Regulation is revoked and the following substituted:

4. The licence holder shall ensure that the liquor is delivered to a person at the address listed in the purchase order referred to in paragraph 3 who is at least 19 years of age.

(9) Paragraphs 5 and 6 of section 15 of the Regulation are revoked.

(10) Section 15 of the Regulation is amended by adding the following subsection:

(2) A benefit for the purposes of paragraph 2.2 of subsection (1) does not include any non-monetary benefit provided for under an agreement to which subsection 14 (1.2) applies that is intended to facilitate the purchase and delivery of liquor by the licence holder under the agreement.

(11) Subsection 15 (2) of the Regulation, as made by subsection (10), is revoked.

4. (1) Subsection 16 (1) of the Regulation is amended by striking out “shall deliver liquor” and substituting “shall ensure that liquor is delivered”.

(2) Subsection 16 (2) of the Regulation is amended by striking out “employees of the licence holder” and substituting “employees and contractors of the licence holder”.

(3) Subsection 16 (3) of the Regulation is amended by striking out “a copy of each order form and receipt referred to in section 15” and substituting “a copy of each order form required by subsection 15 (1)”.

5. Subsection 17 (1) of the Regulation is revoked and the following substituted:

(1) The licence holder shall ensure that the person making a delivery of liquor inspects an item of identification before delivering liquor to a person who appears to be under 19 years of age.

6. Section 19 of the Regulation is amended by striking out “shall not permit free liquor to be offered” and substituting “shall ensure that free liquor is not offered”.

7. Section 22 of the Regulation is amended by striking out “shall not deliver liquor” and substituting “shall ensure that liquor is not delivered”.

8. (1) Subsection 23 (1) of the Regulation is revoked and the following substituted:

(1) This section applies if a person is applying for the transfer of a licence to deliver liquor.

(2) Subsection 23 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) The licence holder may contract out the delivery of liquor to the person who is applying for the transfer of the licence if,

. . . . .

(3) The French version of subsection 23 (3) of the Regulation is amended by striking out “se soustraire contractuellement à” and substituting “sous-traiter”.

(4) The French version of subsection 23 (4) of the Regulation is amended by striking out “s’est soustrait contractuellement à” and substituting “a sous-traité”.

Commencement

9. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 2 (3) and 3 (11) come into force on the later of July 1, 2021 and the day this Regulation is filed.

 

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