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O. Reg. 299/24: LICENSING
filed July 15, 2024 under Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
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ontario regulation 299/24
made under the
Liquor Licence and Control Act, 2019
Made: July 15, 2024
Filed: July 15, 2024
Published on e-Laws: July 15, 2024
Published in The Ontario Gazette: August 3, 2024
Amending O. Reg. 746/21
(LICENSING)
1. Section 35 of Ontario Regulation 746/21 is amended by adding the following subsection:
(3.1) The condition set out in paragraph 3 of subsection (3) does not apply to the transfer of wine or spirits during the period beginning on July 18, 2024 and ending on September 5, 2024.
2. Section 70.1 of the Regulation is amended by adding the following subsections:
(2) Despite the continued application of this Regulation, as it read before May 24, 2024, to a holder of a beer and cider grocery licence or a beer and wine grocery store licence that was in effect on May 24, 2024, the holder of such a licence may, beginning on July 18, 2024,
(a) offer for sale or sell ready-to-drink beverages with an alcohol content that is not greater than 7.1 per cent by volume in a grocery store operated by the licensee; and
(b) offer for sale or sell beer in packages with more than six containers.
(3) During the period beginning on July 18, 2024 and ending on July 31, 2024, the following rules apply if a licensee referred to in subsection (2) offers for sale or sells ready-to-drink beverages referred to in clause (2) (a):
1. Paragraphs 2 and 3 of subsection 71 (1), paragraphs 2 and 3 of section 72, section 84 and subsections 88 (3), (4), (5) and (7) of this Regulation, as it read before May 24, 2024, apply with respect to the ready-to-drink beverages as if those beverages were wine or beer.
2. The licensee must not offer for sale or sell ready-to-drink beverages unless those beverages have been purchased from the LCBO, and the licensee must comply with all terms and conditions imposed by the LCBO relating to the sale.
3. The product display rules are subject to the following modifications:
i. Beer, cider and wine are deemed not to include ready-to-drink beverages for the purposes of section 89 of this Regulation, as it read before May 24, 2024.
ii. The licensee must ensure that at least 20 per cent of the containers of ready-to-drink beverages on display in the grocery store are containers of beverages produced by small breweries, small distilleries or small wineries.
4. The licensee must not offer for sale or sell ready-to-drink beverages in a container with a volume of more than 750 mL.
5. If the licensee purchases containers of liquor that are packaged together for consumer sale, the licensee must sell the liquor in that packaging.
(4) For greater certainty, a licensee referred to in subsection (2) that offers for sale or sells ready-to-drink beverages referred to in clause (2) (a) during the period mentioned in subsection (3) must also comply with the provisions of this Regulation, as it read before May 24, 2024, that apply with respect to ready-to-drink beverages by virtue of those beverages being liquor.
(5) During the period beginning on July 18, 2024 and ending on July 31, 2024, subsections 89 (1) and (2) of this Regulation, as it read before May 24, 2024, do not apply with respect to holders of a beer and cider grocery store licence or a beer and wine grocery store licence that was in effect on May 24, 2024, but the holder of such a licence shall ensure that energy drinks and products that promote the immoderate consumption of liquor are not displayed in close proximity to liquor.
3. Paragraph 2 of subsection 87 (6) of the Regulation is amended by striking out “section 70.1” and substituting “subsection 70.1 (1)”.
4. Section 89 of the Regulation is amended by adding the following subsection:
(2.1) Subsections (1.1), (1.2) and (2) do not apply during the period beginning on August 1, 2024 and ending on September 5, 2024, but the licensee shall ensure that energy drinks and products that promote the immoderate consumption of liquor are not displayed in close proximity to liquor.
Commencement
5. This Regulation comes into force on the day it is filed.