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O. Reg. 200/24: GENERAL
filed May 24, 2024 under Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
Skip to contentontario regulation 200/24
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. 745/21
(GENERAL)
1. Section 1 of Ontario Regulation 745/21 is amended by adding the following subsection:
(2) In this Regulation,
“convenience store” has the same meaning as in Ontario Regulation 746/21 (Licensing); (“dépanneur”)
“grocery store” has the same meaning as in Ontario Regulation 746/21 (Licensing); (“épicerie”)
“wine boutique” has the same meaning as in Ontario Regulation 746/21 (Licensing). (“boutique de vins”)
2. (1) The definitions of “eligible grocery store” and “wine boutique” in subsection 11 (1) of the Regulation are revoked.
(2) Subsection 11 (2) of the Regulation is revoked and the following substituted:
(2) The operator of a retail store, other than a wine boutique, grocery store or convenience store, is exempt from clause 2 (1) (e) of the Act with respect to the charging of a fee on delivery of liquor sold through the retail store if the operator complies with subsection (3) of this section and sections 9 to 11 of Ontario Regulation 746/21 (Licensing) made under the Act.
3. Section 16 of the Regulation is amended by striking out “from October 1, 2015, between” and substituting “from October 1, 2015, and as amended from time to time, between”.
4. Section 17 of the Regulation is amended by adding the following subsections:
(3) Subject to subsection (5), it is a condition of every grocery store licence that the licensee, during hours of operation at which liquor is offered for sale,
(a) accept, at the grocery store, returns of empty regulated containers and empty containers that can be returned through the Brewers Retail Inc. packaging return system;
(b) provide refunds to consumers of the deposits collected on the containers; and
(c) comply with any additional requirements imposed by the LCBO in relation to the duties set out in clauses (a) and (b), including requirements related to the keeping of records and the sorting of containers.
(4) The LCBO shall reimburse the holder of a grocery store licence amounts refunded by the licensee under clause (3) (b).
(5) In the case of a licence for a grocery store that is within 5 kilometres of the location of a retail store that was operated by the holder of the Brewers Retail Inc. licence on September 3, 2024, subsection (3) applies only on and after January 1, 2026.
(6) It is a condition of every grocery store licence to which subsection (3) does not apply and of every convenience store licence that the licensee post clearly the closest place or places where containers referred to in clause (3) (a) can be returned, in accordance with such requirements directed by the LCBO.
5. (1) Subsection 19 (1) of the Regulation is amended by striking out “subsection 17 (1) or (2)” and substituting “subsection 17 (1), (2) or (3)”.
(2) Subsection 19 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(2) If a person authorized by the Minister of Finance determines during an audit that the amount of the deposits that have been collected or remitted is less than the amount required under the Ontario deposit return program, or that the amount reimbursed by the LCBO to a licensee under subsection 17 (4) is greater than the amount refunded by the licensee, the Minister of Finance may by order require that,
. . . . .
6. The Regulation is amended by adding the following section:
Prescribed age, s. 53 (1) of the Act
29.1 The prescribed age for the purposes of subsection 53 (1) of the Act is 16, 17 or 18 years of age.
Commencement
7. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 2 (2) comes into force on the later of August 1, 2024 and the day this Regulation is filed.
(3) Sections 3 to 5 come into force on the later of October 31, 2024 and the day this Regulation is filed.