Liquor Control Act
R.R.O. 1990, REGULATION 717
GENERAL
Historical version for the period December 19, 2016 to April 30, 2017.
Last amendment: O. Reg. 480/16.
This is the English version of a bilingual regulation.
1.-2.1.1Revoked: O.Reg. 291/15, s. 1.
2.2Revoked: O.Reg. 117/10, s.1.
2.3Revoked: O.Reg. 117/10, s.2.
2.4Revoked: O.Reg. 69/09, s.4.
Wine
3.(1)Subject to the approval of the Board, a manufacturer of Ontario wine may establish government stores for the retail sale of wine made by the manufacturer. R.R.O. 1990, Reg. 717, s.3 (1).
(2)In a store established under subsection (1), a manufacturer may sell only,
(a) wine made by the manufacturer; and
(b) subject to the approval of the Board, Ontario wine made by other manufacturers of Ontario wine as part of a gift or souvenir package that includes wine made by the manufacturer. R.R.O. 1990, Reg. 717, s.3 (2).
4.(1)A manufacturer may sell or deliver only wine that conforms with the Food and Drugs Act (Canada) and the regulations made thereunder. R.R.O. 1990, Reg. 717, s.4(1).
(2)A manufacturer may sell only,
(a) Ontario wine produced from fruit grown in Ontario;
(b) Ontario wine produced from apples grown in Ontario combined with the concentrated juice of apples grown out of Ontario in the proportion prescribed in Regulation 718 of the Revised Regulations of Ontario, 1990;
(c) Ontario wine produced by the alcoholic fermentation of Ontario honey;
(d) wine manufactured in accordance with the Wine Content and Labelling Act, 2000; or
(e) wine that is manufactured outside of Ontario, imported into Ontario as finished product pursuant to an authorization of the Board and bottled in Ontario by a manufacturer of Ontario wine on condition that the sale of such wine is to the Board only. R.R.O. 1990, Reg. 717, s.4(2); O.Reg. 271/97, s.1; O.Reg. 69/09, s.5; O.Reg. 261/16, s. 1 (1, 2).
(3)No manufacturer shall add distillate of cereal grains to wine except if the distillate is made from cereal grains grown in Ontario and the wine contains at least 14 per cent of alcohol by volume. R.R.O. 1990, Reg. 717, s.4(3).
(4)With the approval of the Board, a manufacturer may deliver any of the products described in clauses (2) (a) to (d) and liquor manufactured by other Ontario manufacturers. O.Reg. 261/16, s. 1 (3).
5.(1)Ontario wine that meets the following standards is classified as Ontario table wine:
1. The wine must be manufactured entirely from Ontario grapes of the vinifera or French hybrid varieties as set out in the Schedule and may include Ontario grapes of vinifera or French hybrid varieties that are in an experimental stage but not included in the Schedule.
2. The total volume, measured on the 30th day of November in the year of manufacture of wine from one tonne of Ontario grapes, is not more than 902 litres. R.R.O. 1990, Reg. 717, s.5 (1).
(2)No manufacturer shall call a wine an Ontario table wine unless it meets the standards set out in subsection (1). R.R.O. 1990, Reg. 717, s.5 (2).
6.If wine sold by a manufacturer is more than 7 per cent but less than 14 per cent of alcohol by volume and is manufactured in any part from labrusca grapes not listed in the Schedule or grape product resulting from labrusca grapes not listed in the Schedule, the label on each bottle of the wine shall indicate that the wine contains native North American variety grapes. R.R.O. 1990, Reg. 717, s.6.
7.No manufacturer of wine shall sell wine to another manufacturer without the approval of the Board. R.R.O. 1990, Reg. 717, s.7.
8.No person shall transfer wine or distillate of wine from the premises of a manufacturer to any other premises in Ontario without the approval of the Board. R.R.O. 1990, Reg. 717, s.8.
9.A manufacturer of wine may, with the approval of the Board, establish a warehouse for the purpose of warehousing or storing,
(a) the manufacturer’s wine; and
(b) such products of other Ontario liquor manufacturers as may be authorized by the Board. O.Reg. 261/16, s. 2.
10.Once a month, a manufacturer shall provide the Board with a record of all retail sales of wine made through the government stores operated by the manufacturer. R.R.O. 1990, Reg. 717, s.10.
11.Each cask, vat or container in excess of 682 litres (150 Imperial gallons) capacity used by a manufacturer for the storage of wine shall have,
(a) an individual number painted thereon or affixed thereon by means of metal figures; and
(b) the capacity in Imperial gallons or litres plainly indicated thereon. R.R.O. 1990, Reg. 717, s.11.
12.(1)Every manufacturer shall keep books and records that fully and clearly set out a record of,
(a) all Ontario fruits, sugar and other materials purchased for producing and processing wine;
(b) all selling and disposing of wine;
(c) the winery’s accountable inventory, as of the 30th day of November in each year, of table wines and of other wines; and
(d) all materials and the quantity of each used in manufacturing both Ontario wine and wine manufactured in accordance with the Wine Content and Labelling Act, 2000. R.R.O. 1990, Reg. 717, s.12 (1); O.Reg. 69/09, s.6.
(2)Every manufacturer shall keep the books and records required under subsection (1) for two years following the year in which the last entry was made and, during that period, shall produce the books and records for examination at the request of the Board. R.R.O. 1990, Reg. 717, s.12 (2).
13.(1)A manufacturer of Ontario wine shall be allowed as loss up to 5 per cent of the total volume of new wine within the first six months from the commencement of fermentation, up to 1½ per cent of the total volume of new wine in the second six months of the first year, and up to 3 per cent of the total volume of wine in each succeeding year and such allowances shall be considered as resulting from lees and evaporation. R.R.O. 1990, Reg. 717, s.13 (1).
(2)Where wine is baked on the premises of a manufacturer of Ontario wine, allowances for loss up to, but not exceeding, 5 per cent may be made provided the manufacturer keeps a record showing,
(a) the serial number of each tank;
(b) the date on which wine is placed in the tank;
(c) the quantity of alcohol contained in the wine;
(d) the date on which baking is commenced;
(e) the date on which baking is completed;
(f) the method employed;
(g) the date on which the wine is removed from the tank; and
(h) the quantity removed and its alcoholic content,
and no allowance for losses due to the baking of wine shall be made unless shown by such record to have been sustained. R.R.O. 1990, Reg. 717, s.13 (2).
(3)Where wine is stored in barrels of under 150 Imperial gallons capacity, an additional allowance for loss of 3 per cent after the first year of age shall be made. R.R.O. 1990, Reg. 717, s.13 (3).
14.A manufacturer who loses any wine other than a loss from lees, evaporation or processing shall report the loss to the Board forthwith. R.R.O. 1990, Reg. 717, s.14.
15.A manufacturer found with less wine on the manufacturer’s premises than the records indicate should be there shall be deemed to have sold wine in the amount of the shortage. R.R.O. 1990, Reg. 717, s.15.
16.Every manufacturer shall, not later than the tenth day of every month, furnish the Board with a statement, on a form provided by the Board, showing,
(a) quantities of wine sold during the next preceding month;
(b) quantities of Ontario grown grapes, cherries, other fruits and concentrates thereof and the concentrated juice of apples grown outside Ontario purchased or used in the production of Ontario wine during the month for which the statement is made; and
(c) quantities of imported grapes or grape product purchased or used in the production of wine during the month for which the statement is made. R.R.O. 1990, Reg. 717, s.16.
17.(1)By the 10th day of April in each year, every manufacturer of Ontario wine shall furnish the Board with a statement on a form provided by the Board showing the manufacturer’s volume of business. R.R.O. 1990, Reg. 717, s.17 (1).
(2)At the request of the Board, a manufacturer shall produce for examination books of account, invoices and all paper necessary to show the quantity of materials used in the production of wine and to show the quantity of wine sold for export from Ontario. R.R.O. 1990, Reg. 717, s.17 (2).
Special Occasion Permits
18.(1)For the purpose of this section and sections 19 and 20,
“purchase permit” means a permit issued by the Board for the purchase of liquor to be sold or served at an event for which a special occasion permit is issued under the Liquor Licence Act. R.R.O. 1990, Reg. 717, s.18 (1).
Note: On May 1, 2017, subsection 18 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 480/16, s. 1 (1))
(1)For the purpose of this section and sections 19 and 20,
“special occasion permit receipt” means a sales receipt issued by the Board for the purchase of liquor to be sold or served at an event for which a special occasion permit is issued under the Liquor Licence Act. O. Reg. 480/16, s. 1 (1).
(2)Every person authorized to sell liquor at a government store, except a government store to which an authorization under clause 3 (1) (e.1) of the Act applies, is an official for the purpose of issuing a purchase permit and shall collect the fees for such a permit. R.R.O. 1990, Reg. 717, s.18 (2); O.Reg. 291/15, s. 3.
Note: On May 1, 2017, subsection 18 (2) of the Regulation is amended by striking out “a purchase permit and shall collect the fees for such a permit” at the end and substituting “a special occasion permit receipt”. (See: O. Reg. 480/16, s. 1 (2))
(3)Employees of the Liquor Licence Board of Ontario designated by the Board are agents of the Board for the purpose of issuing a purchase permit and shall collect the fees for such a permit. R.R.O. 1990, Reg. 717, s.18 (3).
Note: On May 1, 2017, subsection 18 (3) of the Regulation is revoked. (See: O. Reg. 480/16, s. 1 (3))
(4)Fees collected on the issue of a purchase permit shall be paid to the Board as directed by the Board. R.R.O. 1990, Reg. 717, s.18 (4).
Note: On May 1, 2017, subsection 18 (4) of the Regulation is revoked. (See: O. Reg. 480/16, s. 1 (3))
19.(1)Where a special occasion permit for the sale of liquor is issued pursuant to the Liquor Licence Act, the liquor specified for sale in the special occasion permit may be purchased at a government store, but not at a government store to which an authorization under clause 3 (1) (e.1) of the Act applies, and the liquor may only be purchased after the issue of a purchase permit. R.R.O. 1990, Reg. 717, s.19 (1); O.Reg. 291/15, s. 5.
Note: On May 1, 2017, subsection 19 (1) of the Regulation is amended by striking out “and the liquor may only be purchased after the issue of a purchase permit” at the end. (See: O. Reg. 480/16, s. 2 (1))
(2)Where a purchase permit is issued, it shall be issued in the name of the person named in the special occasion permit. R.R.O. 1990, Reg. 717, s.19 (2).
Note: On May 1, 2017, subsection 19 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 480/16, s. 2 (2))
(2)Where a special occasion permit receipt is issued, it shall be issued in the name of the person named in the special occasion permit and shall have the number of the special occasion permit printed on it. O. Reg. 480/16, s. 2 (2).
(3)The fee payable upon the issue of a purchase permit shall be 16 per cent of the retail price of the liquor, excluding any container deposit. O.Reg. 117/10, s.3.
Note: On May 1, 2017, subsection 19 (3) of the Regulation is revoked. (See: O. Reg. 480/16, s. 2 (2))
(4)Despite subsection (1), no purchase permit is required where a special occasion permit for the sale of liquor is issued for a wedding reception. R.R.O. 1990, Reg. 717, s.19 (4).
Note: On May 1, 2017, subsection 19 (4) of the Regulation is revoked. (See: O. Reg. 480/16, s. 2 (2))
20.(1)Liquor obtained under a purchase permit may be returned to any government store, except a government store to which an authorization under clause 3 (1) (e.1) of the Act applies. R.R.O. 1990, Reg. 717, s.20 (1); O.Reg. 291/15, s. 6.
Note: On May 1, 2017, subsection 20 (1) of the Regulation is amended by striking out “under a purchase permit” and substituting “under a special occasion permit”. (See: O. Reg. 480/16, s. 3 (1))
(2)Where liquor is returned to a government store under subsection (1), a refund shall be made on the fee paid. R.R.O. 1990, Reg. 717, s.20 (2).
Note: On May 1, 2017, subsection 20 (2) of the Regulation is revoked. (See: O. Reg. 480/16, s. 3 (2))
(3)A refund under subsection (2) may be made only to the person named in the purchase permit, or the person’s agent, upon the production of the purchase permit and the return of the liquor within seven days of the function in respect of which the special occasion permit for the sale of liquor was issued. R.R.O. 1990, Reg. 717, s.20 (3).
Note: On May 1, 2017, subsection 20 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 480/16, s. 3 (3))
(3)A refund for liquor returned under subsection (1) may be made only to the person named in the special occasion permit receipt, or the person’s agent, on the production of the special occasion permit receipt and the return of the liquor in saleable condition. O. Reg. 480/16, s. 3 (3).