O. Reg. 525/24: GENERAL, Filed December 13, 2024 under Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22

ontario regulation 525/24

made under the

Liquor Licence and Control Act, 2019

Made: December 12, 2024
Filed: December 13, 2024
Published on e-Laws: December 13, 2024
Published in The Ontario Gazette: December 28, 2024

Amending O. Reg. 745/21

(GENERAL)

1. Section 16 of Ontario Regulation 745/21 is amended by striking out “entitled “Amended Ontario Deposit Return Program Agreement”, dated January 1, 2016 and with effect from October 1, 2015, and as amended from time to time, between Her Majesty the Queen” and substituting “entitled “Amended and Restated Ontario Deposit Return Program Agreement”, dated October 30, 2024 with effect from October 31, 2024, and as amended from time to time, between His Majesty the King”.

2. (1) Subsection 17 (3) of the Regulation is amended by adding “and to section 17.1” after “subsection (5)” in the portion before clause (a).

(2) Subsection 17 (4) of the Regulation is revoked and the following substituted:

(4) The LCBO shall reimburse the holder of a grocery store licence the amounts refunded under clause (3) (b) in respect of deposits collected on containers, provided that the licensee has, in respect of those containers, complied with subsection (3) or, if the licensee has been exempted from any requirements of that subsection under subsection 17.1 (2) on the basis of an alternative arrangement, with the requirements of the alternative arrangement as well as any requirements of subsection (3) from which the licensee is not exempt.

(3) Subsection 17 (6) of the Regulation is revoked and the following substituted:

(6) It is a condition of every grocery store licence to which subsection (3) does not apply and of every convenience store licence that, unless the empty containers referred to in clause (3) (a) are accepted for return at the premises to which the licence applies, the licensee post clearly at the premises the closest place or places where those empty containers can be returned, in accordance with such requirements directed by the LCBO.

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

Exemptions to requirement of s. 17 (3)

17.1 (1) For the purposes of this section, an alternative arrangement is a contract between a grocery store licensee and Brewers Retail Inc. in its capacity as the operator of the Ontario deposit return program that provides for certain aspects of the Ontario deposit return program to be implemented other than in accordance with this Regulation and that addresses one or more of the following:

1. The location at which and method by which the containers described in clause 17 (3) (a) will be accepted, which may include a licensee arranging for those containers to be accepted through the engagement of Brewers Retail Inc. or a third-party service provider.

2. The manner in which Brewers Retail Inc. is to collect the containers described in clause 17 (3) (a).

3. Any fees to be charged to the grocery store licensee by Brewers Retail Inc. or any compensation to be paid to the licensee by Brewers Retail Inc.

4. The sorting of containers described in clause 17 (3) (a).

5. The management of bulk returns in excess of 360 containers.

6. The specific methods or technologies used in accepting the return of containers described in clause 17 (3) (a).

7. Anything else respecting the Ontario deposit return program that is not inconsistent with the agreement referred to in section 16, the Act or the regulations.

(2) The LCBO may exempt a holder of a grocery store licence from some or all of the requirements of subsection 17 (3) by providing a written notice of the exemption to the holder of the licence if,

(a) Brewers Retail Inc. has entered into an alternative arrangement with the licensee; and

(b) Brewers Retail Inc. has provided the LCBO with information establishing the alternative arrangement and allowing the LCBO to determine the exemption to be granted.

(3) An exemption under subsection (2) ceases to apply if the alternative arrangement ceases to be in effect or if the alternative arrangement is varied after the LCBO provided written notice, under that subsection, of the exemption to which the alternative arrangement relates.

(4) If the LCBO provides for an exemption under subsection (2), it shall promptly provide a copy of the written notice of the exemption to the Registrar.

(5) Brewers Retail Inc. shall promptly notify the LCBO if an alternative arrangement ceases to be in effect or if the alternative arrangement is varied after the LCBO provided, under subsection (2), written notice of the exemption to which the alternative arrangement relates, and the LCBO shall, in turn, promptly notify the Registrar.

Commencement

4. This Regulation comes into force on the day it is filed.