ontario regulation 199/24

made under the

Liquor Licence and Control Act, 2019

Made: May 23, 2024
Filed: May 24, 2024
Published on e-Laws: May 24, 2024
Published in The Ontario Gazette: June 8, 2024

Amending O. Reg. 750/21

(MINIMUM PRICING OF LIQUOR AND OTHER PRICING MATTERS)

1. (1) The definition of “annual adjustment date” in subsection 1 (1) of Ontario Regulation 750/21 is amended by striking out “March 1” and substituting “April 1”.

(2) Subsection 1 (2) of the Regulation is amended by striking out “March 1” and substituting “April 1”.

2. The heading to Part II of the Regulation is revoked and the following substituted:

PART II
MINIMUM RETAIL PRICING

3. Section 2 of the Regulation is revoked.

4. Section 3 of the Regulation is amended by adding the following subsection:

(4) For the purposes of this section, if the purchase of liquor is paid for, in whole or in part, using benefits issued under a loyalty program or rewards marketing program and either or both of the following circumstances exist, the price paid for the liquor is deemed to be the price that the retailer would otherwise charge for the liquor:

1. The purchase of the liquor is from the LCBO.

2. The loyalty program or rewards marketing program satisfies the following requirements:

i. Rewards for the purchase of alcohol and reward redemptions that include alcohol are not subject to special offers or bonuses.

ii. No financial or monetary benefit is received, directly or indirectly, by the operator of the program from a liquor manufacturer or from a person acting on the manufacturer’s behalf.

5. Section 4 of the Regulation is revoked.

6. (1) Subsection 20 (2) of the Regulation is amended by striking out “if the same price reduction will be made at all retail stores and” in the portion before clause (a).

(2) Subsections 20 (3) and (4) of the Regulation are revoked.

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

Pricing by Brewers Retail Inc.

20.1 (1) The holder of the Brewers Retail Inc. licence, and the owners of the holder of the Brewers Retail Inc. licence, are directed and authorized to set retail prices for liquor sold at stores operated under the Brewers Retail Inc. licence, which may be different from the retail prices charged by operators of other retail stores.

(2) Prices set under subsection (1) must be calculated using a methodology that does not distinguish based on manufacturer.

Commencement

8. This Regulation comes into force on the later of September 5, 2024 and the day this Regulation is filed.