O. Reg. 149/11: GENERAL

 

ontario regulation 149/11

made under the

vintners quality AlLiance act, 1999

Made: May 4, 2011
Filed: May 6, 2011
Published on e-Laws: May 10, 2011
Printed in The Ontario Gazette: May 21, 2011

Amending O. Reg. 405/00

(General)

1. Subsection 2 (1) of Ontario Regulation 405/00 is amended by striking out “Ontario Grape Growers Marketing Board” wherever that expression appears and substituting in each case “Grape Growers of Ontario”.

2. Sections 8 and 9 of the Regulation are revoked and the following substituted:

Proceedings

8. The Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 is designated as the tribunal for the purposes of a hearing under subsections 6 (4) and 9 (3) of the Act.

9. (1) A decision described in subsection 6 (4) of the Act that is served on a manufacturer or an order described in subsection 9 (1) of the Act that is served on a person shall inform the manufacturer or other person, as the case may be, of the right to a hearing by the tribunal and the manner and time within which to request the hearing as described in subsection (2).

(2) The manufacturer or other person, as the case may be, is entitled to a hearing by the tribunal if, within 15 days after being served, the manufacturer or other person, as the case may be, serves a written notice requesting a hearing on the wine authority and the tribunal.

(3) If the manufacturer or other person does not request a hearing, the wine authority’s decision under subsection 6 (4) of the Act or its order under subsection 9 (1) of the Act is final.

(4) The manufacturer or other person who requests a hearing, the wine authority and the other persons that the panel specifies are parties to the hearing.

(5) A decision under subsection 6 (4) or an order under subsection 9 (1) of the Act takes effect immediately unless it provides otherwise, but if a hearing is requested, the tribunal may grant a stay of the decision or order until the tribunal has made an order or direction in accordance with subsection 10 (1) of this Regulation.

3. (1) The following provisions of the Regulation are amended by striking out “board” wherever that word appears and substituting in each case “tribunal”:

1. Subsection 10 (1), in the portion before clause (a).

2. Clause 10 (1) (a).

(2) Clause 10 (1) (b) of the Regulation is revoked and the following substituted:

(b) direct the wine authority to take the action that the tribunal considers appropriate in the circumstances.

(3) Clause 10 (2) (a) of the Regulation is amended by striking out “board” and substituting “tribunal”.

(4) Clause 10 (2) (b) of the Regulation is amended by adding “of the Licence Appeal Tribunal Act, 1999” at the end.

4. Section 11 of the Regulation is revoked and the following substituted:

11. (1) If a person has requested a hearing under the Act, as it read before the day section 2 of Ontario Regulation 149/11 comes into force, but the hearing has not commenced by that day, the Licence Appeal Tribunal shall hold the hearing.

(2) If a hearing before the board of the Alcohol and Gaming Commission of Ontario has not concluded by the day section 2 of Ontario Regulation 149/11 comes into force, then despite section 8 of this Regulation, the board shall continue to hold the hearing.

Commencement

5. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2011 and the day it is filed.

(2) Sections 2, 3 and 4 come into force on the latest of,

(a) July 1, 2011;

(b) the day this Regulation is filed; and

(c) the day section 9 of Schedule 1 to the Good Government Act, 2011 comes into force.