ontario regulation 99/16

made under the

Liquor Control Act

Made: April 13, 2016
Filed: April 18, 2016
Published on e-Laws: April 18, 2016
Printed in The Ontario Gazette: May 7, 2016

Amending O. Reg. 290/15

(GOVERNMENT STORES)

1. Ontario Regulation 290/15 is amended by striking out “beer” wherever it appears in the following provisions and substituting in each case “beer or cider”:

1. Subsection 5 (4), in the portion before paragraph 1.

2. Paragraph 1 of subsection 5 (4).

3. Paragraph 2 of subsection 5 (4).

4. Paragraph 3 of subsection 5 (4).

5. Paragraph 2 of subsection 7 (1).

6. Paragraph 3 of subsection 7 (1).

7. Paragraph 4 of subsection 7 (1).

8. Paragraph 5 of subsection 7 (1).

9. Paragraph 3 of subsection 7 (2).

10. Paragraph 6 of subsection 7 (2).

11. Paragraph 7 of subsection 7 (2).

12. Paragraph 8 of subsection 7 (2).

13. Paragraph 11 of subsection 7 (2).

14. Paragraph 12 of subsection 7 (2).

15. Subparagraph 13 i of subsection 7 (2).

16. Subparagraph 13 ii of subsection 7 (2).

17. Subparagraph 13 iii of subsection 7 (2).

18. Paragraph 16 of subsection 7 (2).

19. Paragraph 4 of subsection 7 (3).

2.  Subsection 5 (1) of the Regulation is amended by adding the following definition:

“cider” means wine produced from apples or pears or from the concentrated juice of apples or pears, to which is added herbs, water, honey or sugar;

3. (1) Subsection 6 (7) of the Regulation is amended by striking out “for the sale of beer in a retail store that the person operates” and substituting “under this section”.

(2) Subsection 6 (9) of the Regulation is amended by striking out “for the sale of beer in a retail store” and substituting “under this section in respect of a retail store”.

4. The Regulation is amended by adding the following section:

Authorizations issued before June 6, 2016

6.1 (1) If the Board issued an authorization to a person under section 6 before June 6, 2016 for the sale of beer only, the person may request that the Board amend the authorization so that it provides for the sale of both beer and cider.

(2) The Board shall grant a request under subsection (1) if the person is in compliance with section 7.

5. (1) Section 7 of the Regulation is amended by adding the following subsection:

(0.1) This section sets out the conditions that apply to authorizations for the sale of beer or beer and cider issued or transferred under section 6 or 6.1.

(2) Subsection 7 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The following are the conditions that apply to authorizations referred to in subsection (0.1) in respect of the acquisition of beer or cider for sale in a retail store:

. . . . .

(3) Subsection 7 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The following conditions apply to authorizations referred to in subsection (0.1) in respect of the sale and advertising of beer and cider:

. . . . .

(4) Paragraph 2 of subsection 7 (2) of the Regulation is amended by adding “and, if cider is offered for sale, a variety of brands of cider” after “beer”.

(5) Paragraph 9 of subsection 7 (2) of the Regulation is revoked and the following substituted:

9. The store operator must ensure that beer is displayed in a single contiguous product display area, or if the store operator sells beer and cider, that both beer and cider are displayed in a single contiguous product display area.

(6) Paragraph 10 of subsection 7 (2) of the Regulation is amended by adding “and that at least 20 per cent of the containers of cider on display to consumers is cider produced by small cideries” at the end.

(7) Paragraph 14 of subsection 7 (2) of the Regulation is amended by adding “and cider” after “beer”.

(8) Paragraph 15 of subsection 7 (2) of the Regulation is amended by adding “and cider” after “beer”.

(9) Subsection 7 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) The following conditions apply to authorizations referred to in subsection (0.1) in respect of the operation of the retail store to which the authorization applies:

. . . . .

(10) Paragraph 3 of subsection 7 (3) of the Regulation is amended by adding “and cider” after “beer”.

(11) Paragraph 5 of subsection 7 (3) of the Regulation is revoked and the following substituted:

5. The store operator must ensure that beer and cider are not available to customers outside of the hours of operation authorized by the Board for the sale of beer and cider.

(12) Section 7 of the Regulation is amended by adding the following subsections:

(5.1) For the purposes of paragraph 10 of subsection (2), a cider manufacturer is a small cidery for a sales year if,

(a) in the preceding production year, the manufacturer’s worldwide production did not exceed 25,000 hectolitres of cider or, if the manufacturer has been manufacturing cider for less than one year, its worldwide production is not expected to exceed 25,000 hectolitres of cider in the year; and

(b) every affiliate that the manufacturer had that manufactured cider in the preceding production year was a small cidery.

(5.2) The following shall be included in determining the amount of a cider manufacturer’s worldwide production of cider for a particular production year for the purposes of subsection (5.1):

1. All cider manufactured during the year by the cider manufacturer, including cider that is manufactured under contract for another cider manufacturer.

2. All cider manufactured during the year by an affiliate of the manufacturer, including cider manufactured by the affiliate under contract for another cider manufacturer.

3. All cider manufactured during the year by another cider manufacturer under contract for the manufacturer or for an affiliate of the manufacturer.

(13) Subsection 7 (6) of the Regulation is amended by adding “or (5.2)” after “(5)” and by adding “or cider” after “beer”.

6. (1) Subsection 8 (1) of the Regulation is amended by striking out “beer” and substituting “beer or beer and cider”.

(2) Subsection 8 (3) of the Regulation is amended by adding “and cider” after “beer”.

(3) Section 8 of the Regulation is amended by adding the following subsection:

(3.1) Despite subsection (3), if, before June 6, 2016, a store operator was issued an authorization under section 6 to sell beer only, the Board, on a request from the operator, shall amend the operator’s existing supply agreement to also provide for the supply of cider to the operator, at the same wholesale discount at which the Board supplies beer under the agreement.

Commencement

7. This Regulation comes into force on the later of June 6, 2016 and the day it is filed.