O. Reg. 727/20: LICENCES TO SELL LIQUOR
filed December 9, 2020 under Liquor Licence Act, R.S.O. 1990, c. L.19
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made under the
Liquor Licence Act
Made: December 3, 2020
Filed: December 9, 2020
Published on e-Laws: December 10, 2020
Printed in The Ontario Gazette: December 26, 2020
Amending Reg. 719 of R.R.O. 1990
(LICENCES TO SELL LIQUOR)
1. Subsection 20 (3) of Regulation 719 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
(3) Without restricting the generality of subsection (1), the licence holder shall not offer for sale a serving of liquor for less than the following amount, including all applicable taxes:
1. $2.00, subject to paragraph 2.
2. In the case of spirits containing more than 14.8 per cent alcohol by volume, $1.34.
2. Section 22 of the Regulation is amended by striking out “56” and substituting “56.2”.
3. Section 28 of the Regulation is revoked.
4. (1) Subsection 56.1 (1) of the Regulation is amended by striking out “sealed, unopened liquor” in the portion before clause (a) and substituting “liquor in a securely closed container”.
(2) Clause 56.1 (1) (a) of the Regulation is amended by striking out “food is purchased together with the liquor sold by the licence holder” at the beginning and substituting “food sold by the licence holder at the licensed premises is purchased together with the liquor”.
(3) Subsections 56.1 (3.1) and (4) of the Regulation are revoked.
(4) Subsection 56.1 (8) of the Regulation is revoked.
5. (1) Subsections 56.2 (1) and (3.1) of the Regulation are revoked.
(2) Subsections 56.2 (4) and (5) of the Regulation are revoked and the following substituted:
(4) Despite subsection 17 (2), the offer for sale and sale of liquor for delivery may be supervised by a holder of a licence to deliver liquor with whom the holder of the licence to sell liquor has entered into an arrangement for the purpose, or by an employee or contractor of the holder of a licence to deliver liquor who is authorized by that holder to do so.
(5) The sale of liquor for delivery is subject to the following requirements:
1. The liquor must be in a securely closed container.
2. Food sold by the licence holder at the licensed premises must be purchased together with the liquor.
3. The liquor may only be sold for delivery to a residence or a private place, as defined in section 3 of Ontario Regulation 718 of the Revised Regulations of Ontario, 1990 (General) made under the Act.
(5.1) The licence holder shall ensure that the following requirements are met for each order for liquor sold for delivery under this section, other than an order placed with the holder of a licence to deliver liquor or an employee or contractor of such a holder:
1. The order must include the following information, which must be recorded together with the licence holder’s name and address:
i. The name and address of the customer.
ii. The date on which the liquor is purchased, and the date on which it is to be delivered.
iii. The kinds and quantities of liquor to be delivered, and the price paid for them.
iv. The address where the liquor is to be delivered.
v. The name of the person making the delivery and, if the person is a holder of a licence to deliver liquor or an employee or contractor of such a holder, that holder’s licence number.
2. The liquor must be delivered, together with the food that was purchased with it, to the address provided for in the order.
3. Despite paragraph 2, liquor shall not be delivered to a patient in an institution listed in Schedule 1 of Regulation 718 of the Revised Regulations of Ontario, 1990 (General), or to a patient in an institution for the treatment of alcoholics.
4. The liquor must be delivered to a person who is at least nineteen years of age, at the address provided for in the order.
5. Before the delivery of the liquor to a person who is apparently under the age of nineteen years, an item of identification of the person referred to in subsection (6) must be inspected.
(3) Subsection 56.2 (6) of the Regulation is amended by striking out “paragraph 6 of subsection (5)” and substituting “paragraph 5 of subsection (5.1)”.
(4) Subsection 56.2 (7) of the Regulation is revoked.
(5) Subsections 56.2 (8), (9), (10) and (11) of the Regulation are revoked and the following substituted:
(8) The licence holder shall retain every record of an order required by paragraph 1 of subsection (5.1) for one year from the date of delivery of the liquor.
(9) In the case of orders for liquor sold for delivery under this section that are placed with the holder of a licence to deliver liquor or an employee or contractor of such a holder, the licence holder shall, for one year from the date of delivery of the liquor, retain records of sales of the liquor that include, in respect of each sale,
(a) the kinds and quantities of liquor delivered; and
(b) the licence number of the holder of a licence to deliver liquor who delivered, or whose employee or contractor delivered, the liquor.
(6) Subsection 56.2 (14) of the Regulation is revoked.
6. (1) Subsection 57 (3) of the Regulation is amended by striking out “The beer” at the beginning and substituting “Subject to section 56.2, the beer”.
(2) Subsection 57 (7) of the Regulation is revoked and the following substituted:
(7) The licence holder shall make a daily record indicating the amount of beer manufactured for sale and the amounts of beer sold at each location referred to in subsection (3), including beer sold for delivery under section 56.2, and shall retain the records for two years.
7. (1) Subsection 58 (3) of the Regulation is amended by striking out “The wine” at the beginning and substituting “Subject to section 56.2, the wine”.
(2) Subsection 58 (7) of the Regulation is revoked and the following substituted:
(7) The licence holder shall make a daily record indicating the amount of wine manufactured for sale and the amount sold on the premises to which the licence applies, including wine sold for delivery under section 56.2, and shall retain the records for two years.
8. Section 97 of the Regulation is revoked and the following substituted:
97. (1) The Registrar may, subject to subsection (2), approve a temporary physical extension that is adjacent to the premises to which a licence to sell liquor applies, for the period specified by the Registrar.
(2) In the case of a premises that is a boat, the Registrar may only approve as a temporary physical extension of the boat,
(a) a dock to which the boat is attached, if,
(i) the dock is secured or affixed to land, and
(ii) access to the water surrounding the dock is prevented by a physical barrier; and
(b) a specified portion of the land to which the dock is secured or affixed, if access to any water bordering the specified portion of land is prevented by a physical barrier.
9. Subsection 98 (2) of the Regulation is revoked.
O. Reg. 260/20
10. Subsection 7 (2) of Ontario Regulation 260/20, which would revoke subsection 97 (2) of the Regulation, is revoked.
Commencement
11. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.
(2) Sections 3 and 8 come into force on the later of December 19, 2020 and the day this Regulation is filed.
(3) Section 1, subsections 4 (1) to (3) and 5 (1) to (5) and sections 6 and 7 come into force on the later of January 1, 2021 and the day this Regulation is filed.