Pursuant to section 14.1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996, the following is the schedule of monetary penalties that the Board of the Alcohol and Gaming Commission of Ontario has established, and the Minister of the Attorney General has approved, for contraventions of the Liquor Licence Act, Liquor Control Act and its regulations with respect to the sale of beer and wine in retail stores.

Liquor Licence Act

SECTION

PROVISION

RECOMMENDED

MAXIMUM

30(1)

No person shall knowingly sell or supply liquor to a person under nineteen years of age.

R.S.O. 1990, c. L. 19, s. 30(1).

Up to $20,000

30(2)

No person shall sell or supply liquor to a

person who appears to be under nineteen years of age. R.S.O. 1990, c. L. 19, s. 30(2).

Up to $15,000

Liquor Control Act

SECTION

PROVISION

RECOMMENDED

MAXIMUM

3(2)(a)

The store operator must, subject to any regulation, comply with such conditions as may be imposed by the Board with respect to authorizations for government stores under clause 1(e) or (e.1). 2015, c. 20, Sched. 20, s. 3(5).

Up to $10,000

4.5(1)

No person shall obstruct an inspector who is carrying out his or her duties under the Liquor Control Act. 1994, c. 9, s. 3; 2015, c. 20, Sched. 20, s. 4.

Up to $15,000

4.5(2)

A licensee or permit holder under the Liquor Licence Act, a manufacturer, a person who imports liquor, a person authorized to operate a government store, or any other person who is granted an authorization or is the subject of 

an appointment referred to in subsection 3(2) shall answer any inquiries made by the inspector that are relevant to the inspection.

1994, c. 9, s.3.

Up to $15,000

Regulation 232/16 – Sale of Liquor in Government Stores

SECTION

PROVISION

RECOMMENDED

MAXIMUM

GENERAL REQUIREMENTS

10

The operator of a grocery store that is authorized to sell beer or wine in the store must post the authorization in a conspicuous place in the store.

Up to $1,500

11(1)

The operator of a grocery store that is authorized to sell beer or wine in the store must begin to offer the beer and wine for sale to the public under the authorization within 12 months after receiving the authorization, and must continue to offer for sale the beer and wine in the store thereafter.

Up to $4,000

12(1)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that beer and wine is not available to customers outside of the hours of operation authorized by the Board for the sale of beer and wine.

Up to $15,000

12(2)

All aspects of the sale of beer and wine under an authorization to sell beer or wine, including ordering and payment, must be conducted in person at the grocery store.

Up to $6,000

12(3)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that, before beer is sold or served to a person apparently under the age of 19 years, the person’s identification is inspected.

Up to $15,000

13(1)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that it is offered for sale, and sold, at the price stipulated by the Board.

Up to $6,000

13(2)

The operator of a grocery store that is authorized to sell beer or wine in the store is not permitted sell containers of wine (excluding cider) that have a lower stipulated price than the lowest retail price described in section 45 of O.Reg 232/16.

Up to $6,000

13(3)1

The operator of a grocery store that is authorized to sell beer or wine in the store must not accept as full or part payment for beer or wine any benefits issued under a loyalty program or a rewards marketing, including coupons, tickets, points or rewards.

Up to $6,000

13(3)2

The operator of a grocery store that is authorized to sell beer or wine in the store must not exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets,

points or rewards, for cash that is applied to payment for beer or wine.

Up to $6,000

13(3)3

The operator of a grocery store that is authorized to sell beer or wine in the store must not offer free or discounted merchandise contingent on the purchase of beer or wine.

Up to $10,000

13(4)

Except as may be required on sales receipts and invoices for the purposes of the Excise Tax Act (Canada), the operator of a grocery store that is authorized to sell beer or wine in the store shall display and advertise prices for beer and wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the operator and the Board.

Up to $4,000

14(1)

The operator of a grocery store that is authorized to sell beer or wine in the store must operate the store in compliance with all applicable federal, provincial and municipal law.

Up to $10,000

14(2)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that the store

continues to be a grocery store within the meaning of the Regulation.

Up to $10,000

14(3)

The operator of a grocery store that is authorized to sell beer or wine in the store must be a party to a supply agreement with the Board and must comply with the agreement.

Up to $10,000

14(4)

The operator of a grocery store that is authorized to sell beer or wine in the store must not acquire beer or wine for sale in the store otherwise than from the Board in accordance with the supply agreement.

Up to $10,000

14(5)

The operator of a grocery store that is authorized to sell beer or wine in the store must provide a secure area for the storage of beer and wine that is not on display.

Up to $4,000

14(6)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that any employee who handles beer or wine at the store is at least 18 years of age.

Up to $4,000

14(7)

The operator of a grocery store that is authorized to sell beer or wine in the store must ensure that any person who sells beer or wine in the store or offers samples of beer and wine to customers in the store has successfully completed a server training course.

Up to $6,000

15(1)

The operator of a grocery store that is authorized to sell beer or wine in the store must not offer a brand of beer or wine for sale at the grocery store if the store operator or any of its affiliates has a direct or indirect financial interest in the brand or in a trademark under which the brand is marketed.

Up to $10,000

15(2)

The operator of a grocery store that is authorized to sell beer or wine in the store must not enter into an agreement with a beer or wine manufacturer that restricts the manufacturer’s ability to sell its beer or wine in other stores.

Up to $10,000

15(3)

The operator of a grocery store that is authorized to sell beer or wine in the store must not enter into an agreement with a beer or wine manufacturer that guarantees the provision of shelf space at the grocery store or a product listing for the manufacturer’s beer or wine or that guarantees any merchandising, marketing or promotional opportunities.

Up to $10,000

15(4)

The operator of a grocery store that is authorized to sell beer or wine in the store and its agents and employees must not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a beer or wine manufacturer or from a representative or employee of the manufacturer, including a benefit for the provision of shelf space at the grocery store or product listing for the manufacturer’s beer or wine, or for any merchandising, marketing or promotional opportunity.

Up to $10,000

15(5)

If the operator of a grocery store that is authorized to sell beer or wine in the store charges a fee to a beer or wine manufacturer for providing warehousing or distribution services for the beer or wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be made available to the public.

Up to $10,000

SALE OF BEER IN GROCERY STORES

18(1)

The operator of a grocery store that is authorized to sell beer in the store must offer for sale a variety of brands of beer from manufacturers with a variety of annual production amounts of beer.

Up to $4,000

18(2)1

The operator of a grocery store that is authorized to sell beer in the store must not offer for sale, or sell, beer with an alcohol content greater than 7.1 per cent by volume.

Up to $4,000

18(2)2

The operator of a grocery store that is authorized to sell beer in the store must not offer for sale, or sell, beer that contains alcohol obtained other than by fermentation of an infusion or decoction of barley, malt and hops or of any similar products if that alcohol increases the total alcohol content of the beer by more than 0.5 of one per cent by volume.

Up to $4,000

18(2)3

The operator of a grocery store that is authorized to sell beer in the store must not offer for sale, or sell, beer that is a malt-based cooler.

Up to $4,000

19(1)

The operator of a grocery store that is authorized to sell beer in the store must not offer for sale, or sell, beer in containers with a volume of more than 750 ml or beer in packages with more than six containers.

Up to $4,000

19(2)

The operator of a grocery store that is authorized to sell beer in the store must not offer a discount or a rebate in respect of the purchase of more than six containers of beer.

Up to $6,000

20(1)

The operator of a grocery store that is authorized to sell beer in the store must ensure that beer is displayed in a single contiguous product display area.

Up to $10,000

20(2)

The operator of a grocery store that is authorized to sell beer in the store must ensure that at least 20 per cent of the containers of beer on display are containers of beer produced by small brewers.

Up to $10,000

20(3)

If the operator of a grocery store that is authorized to sell beer in the store and is also authorized to sell wine in the store, the operator must ensure that at least 10 per cent of the containers of beer and wine on display are containers of beer.

Up to $10,000

SALE OF WINE IN GROCERY STORES

21(1)1

The operator of a grocery store that is authorized to sell wine in the store must not offer for sale, or sell, wine with an alcohol content greater than 18 per cent by volume.

Up to $4,000

21(1)2

The operator of a grocery store that is authorized to sell wine in the store must not offer for sale, or sell, cream wine.

Up to $4,000

21(1)3

The operator of a grocery store that is authorized to sell wine in the store must not offer for sale, or sell, wine beverages.

Up to $4,000

22(1)1

For the first three years during which the operator of a grocery store sells wine in the store under a restricted beer and wine authorization, the operator is permitted to sell only:

  1. cider,
  2. wine that is produced by a small winery using grapes from a single country, and
  3. quality assurance wine produced using grapes from a single country by a winery that, at any time during the three-year period, is a mid-sized winery.

Up to $10,000

22(1)2

During the first three years that the grocery store operator is authorized to sell wine under a restricted beer and wine authorization, the operator is not permitted to sell wine (excluding cider) manufactured by a winery that is affiliated with another winery that is not a mid-sized or small winery at any time during the three-year period.

Up to $10,000

23

The operator of a grocery store that is authorized to sell wine in the store must not offer for sale, or sell, wine in containers having a volume of more than 4 litres.

Up to $2,000

24(1)

The operator of a grocery store that is authorized to sell wine in the store must ensure that the wine (excluding cider) is displayed in a single contiguous product display area.

Up to $10,000

24(2)

If the operator of a grocery store that is authorized to sell wine in the store sells VQA wines, the display area must contain one or more signs indicating the availability of VQA wines for sale.

Up to $2,000

24(3)

The operator of a grocery store that is authorized to sell wine in the store must ensure that at least 10 per cent of the containers of beer and wine on display are containers of wine (excluding cider).

Up to $10,000

25(2)1

The operator of a grocery store with a beer and wine authorization, other than a restricted beer and wine authorization, must ensure that at least 10 per cent of the containers of wine (excluding cider) on display in the store contain wine manufactured by small wineries.

Up to $10,000

25(2)2

The operator of a grocery store with a beer and wine authorization, other than a restricted beer and wine authorization,

Up to $10,000

 

must ensure that at least 50 per cent of the containers of wine (excluding cider) on display in the store contain wine that is produced using grapes from a single country and in respect of which at least one of the following criteria is satisfied:

  1. The wine is quality assurance wine,
  2. The wine was produced by a small winery,
  3. The country where the grapes were grown produces, in the aggregate, less than 150 million litres of wine annually from grapes grown in that country.
 

25(3)1

For the first three years during which the operator of a grocery store that is authorized to sell wine in the store sells wine under a restricted beer and wine authorization, at least 20 per cent of the containers of wine (excluding cider) on display in the store must contain wine manufactured by small wineries.

Up to $10,000

SALE OF CIDER IN GROCERY STORES

26(1)

The operator of a grocery store that is authorized to sell cider in the store must not offer for sale, or sell, cider with an alcohol content greater than 7.1 per cent by volume.

Up to $4,000

27(1)

The operator of a grocery store that is authorized to sell cider in the store must not offer for sale, or sell, cider in containers with a volume of more than 750 ml or cider in packages with more than six containers.

Up to $4,000

27(2)

The operator of a grocery store that is authorized to sell cider in the store must not offer a discount or rebate in respect of the purchase of more than six containers of cider.

Up to $6,000

28(1)

The operator of a grocery store that sells both beer and cider in the store must ensure that the beer and cider are displayed in a single contiguous product display area.

Up to $10,000

28(2)

The operator of a grocery store that is authorized to sell cider in the store must ensure that at least 20 per cent of the containers of cider on display, excluding any cider on display in a wine boutique, are containers of cider produced by small cideries.

Up to $10,000

SALE OF WINE IN WINE BOUTIQUES

 

28.2(3)

A winery that has a supplementary wine authorization for a wine boutique must post its supplementary wine authorization in a conspicuous place in the wine boutique or grocery store.

Up to $1,500

28.3(1)

A winery that is authorized to sell wine in a wine boutique must begin to offer the wine for sale to the public under the authorization within 12 months after receiving the authorization, and must continue to offer the wine for sale in the

boutique thereafter.

Up to $4,000

28.3(2)

All sales to the public of wine from the wine boutique must be conducted by the operator of the grocery store in which the wine boutique is located as agent for the

winery.

Up to $6,000

28.4(1)1

A winery that is authorized to sell wine in a wine boutique must ensure that wine is not available to customers outside of the hours of operation authorized by the Board for the sale of wine.

Up to $15,000

28.4(1)1

All aspects of the sale of wine under a supplementary wine authorization, including ordering and payment, must be conducted in person at the grocery store.

Up to $6,000

28.4(1)1

A winery that is authorized to sell wine in a wine boutique must ensure that, before wine is sold or served to a person apparently under the age of 19 years, the person’s identification is inspected.

Up to $15,000

28.4(1)2

A winery that is authorized to sell wine in a wine boutique must ensure that wine is offered for sale, and sold, at the price stipulated by the Board.

Up to $6,000

28.4(1)2

A winery that is authorized to sell wine in a wine boutique must not accept as full or part payment for wine any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards.

Up to $6,000

28.4(1)2

A winery that is authorized to sell wine in a wine boutique must not exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards, for cash that is applied to payment for wine.

Up to $6,000

28.4(1)2

A winery that is authorized to sell wine in a wine boutique must not offer free or discounted merchandise contingent upon the purchase of wine.

Up to $10,000

28.4(1)2

Except as may be required on sales receipts and invoices for the purposes of the Excise Tax Act (Canada), a winery that is authorized to sell wine in a wine boutique shall display and advertise prices for wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the winery and the Board.

Up to $4,000

28.4(1)3

A winery that is authorized to sell wine in a wine boutique must not offer a brand of wine for sale in the wine boutique if the winery or any of its affiliates has a direct or indirect financial interest in the brand or in a trademark under which the brand is marketed.

Up to $10,000

28.4(1)3

A winery that is authorized to sell wine in a wine boutique must not enter into an agreement with a wine manufacturer that restricts the manufacturer’s ability to sell its wine in other wine boutiques.

Up to $10,000

28.4(1)3

A winery that is authorized to sell wine in a wine boutique must not enter into an agreement with a wine manufacturer that guarantees the provision of shelf space at the wine boutique or a product listing for the manufacturer’s wine or that guarantees any merchandising, marketing or promotional opportunities.

Up to $10,000

28.4(1)3

A winery that is authorized to sell wine in a wine boutique and its agents and employees must not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a wine manufacturer or from a representative or employee of the manufacturer, including a benefit for the provision of shelf space at the wine boutique or a product listing for the manufacturer’s wine or for any merchandising, marketing or promotional opportunity.

Up to $10,000

28.4(1)3

If a winery that is authorized to sell wine in a wine boutique charges a fee to a wine manufacturer for providing warehousing or distribution services for the wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be made available to the public.

Up to $10,000

28.4(2)1

The operator of a grocery store that has an authorization as a wine boutique sales agent must post the authorization in a conspicuous place in the store.

Up to $1,500

28.4(2)1

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that wine is not available to customers outside of the hours of operation authorized by the Board for the sale of wine.

Up to $15,000

28.4(2)1

All aspects of the sale of wine under an authorization as a wine boutique sales agent, including ordering and payment, must be conducted in person at the grocery store.

Up to $6,000

28.4(2)1

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that, before wine is sold or served to a person apparently under the age of 19 years, the person’s identification is inspected.

Up to $15,000

28.4(2)2

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that wine is offered for sale, and sold, at the price stipulated by the Board.

Up to $6,000

28.4(2)2

The operator of a grocery store that has an authorization as a wine boutique sales agent must not accept as full or part payment for wine any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards.

Up to $6,000

28.4(2)2

The operator of a grocery store that has an authorization as a wine boutique sales agent must not exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets,

points or rewards, for cash that is applied to payment for wine.

Up to $6,000

28.4(2)2

The operator of a grocery store that has an authorization as a wine boutique sales agent must not offer free or discounted merchandise contingent upon the purchase of wine.

Up to $10,000

28.4(2)2

Except as may be required on sales

receipts and invoices for the purposes of the Excise Tax Act (Canada), the grocery store operator that has an authorization as a wine boutique sales agent shall display and advertise prices for wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the winery and the Board.

Up to $4,000

28.4(2)3

The operator of a grocery store that has an authorization as a wine boutique sales agent must operate the store in compliance with all applicable federal,

provincial and municipal law.

Up to $10,000

28.4(2)3

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that the store continues to be a grocery store within the meaning of O Reg 232/16.

Up to $10,000

28.4(2)3

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that any employee who handles wine is at least 18 years of age.

Up to $4,000

28.4(2)3

The operator of a grocery store that has an authorization as a wine boutique sales agent must ensure that any person who sells wine in the store or offers samples of wine to customers in the store has successfully completed a server training course.

Up to $6,000

28.4(2)4

The operator of a grocery store that has an authorization as a wine boutique sales agent must not offer a brand of wine for sale at the wine boutique if the store operator or any of its affiliates has a direct or indirect financial interest in the brand or in a trademark under which the brand is marketed.

Up to $10,000

28.4(2)4

The operator of a grocery store that has an authorization as a wine boutique sales agent must not enter into an agreement with a wine manufacturer that restricts the manufacturer’s ability to sell its wine in other stores.

Up to $10,000

28.4(2)4

The operator of a grocery store that has an authorization as a wine boutique sales agent must not enter into an agreement with a wine manufacturer that guarantees the provision of shelf space at the grocery store or a product listing for the manufacturer’s wine or that guarantees any merchandising, marketing or promotional opportunities.

Up to $10,000

28.4(2)4

The operator of a grocery store that has an authorization as a wine boutique sales agent and its agents and employees must not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a wine manufacturer or from a representative or employee of the manufacturer, including a benefit for the provision of shelf space at the grocery store or a product listing for the manufacturer’s wine, or for any merchandising, marketing or promotional opportunity.

Up to $10,000

28.4(2)4

If the operator of a grocery store that has an authorization as a wine boutique sales agent charges a fee to a wine manufacturer for providing warehousing or distribution services for the wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public.

Up to $10,000

28.5(1)

A winery that operates a wine boutique must do so in compliance with all applicable federal, provincial and municipal law.

Up to $10,000

28.5(2)

A winery that operates a wine boutique must not acquire wine for sale under its supplementary wine authorization otherwise than from the Board in accordance with its supply agreement.

Up to $10,000

28.5(3)

The space in which the wine boutique is located must be readily distinguishable from the grocery store, and the name of the wine boutique must be prominently displayed in the boutique and must be distinct from the name of the grocery store.

Up to $10,000

28.5(4)

If wine that is not on display in the wine boutique is stored at the grocery store, the operator of the grocery store must provide a secure storage area for the wine.

Up to $4,000

28.5(5)

A winery that is authorized to sell wine in a wine boutique must ensure that any employee who handles wine in the wine boutique is at least 18 years of age.

Up to $4,000

28.5(6)

A winery that is authorized to sell wine in a wine boutique must ensure that any of its employee who deals with customers at the wine boutique and anyone who offers samples of wine to customers in the boutique has successfully completed a server training course.

Up to $6,000

28.7(1)1

A winery that is authorized to sell wine in a wine boutique must not offer for sale, or sell, wine with an alcohol content greater than 18 per cent by volume.

Up to $4,000

28.7(1)2

A winery that is authorized to sell wine in a wine boutique must not sell or offer for sale wine beverages.

Up to $4,000

28.7(1)3

A winery that is authorized to sell wine in the wine boutique must not sell or offer for sale cider with an alcohol content greater than 7.1 per cent by volume.

Up to $4,000

28.7(3)

A winery that is authorized to sell wine in a wine boutique must ensure that there is a variety of stock-keeping units of wine (excluding cider) offered for sale in the wine boutique, and at a minimum the variety must include the lesser of the following:

  1. At least 25 stock-keeping units of wine must be for wine manufactured by other wineries.
  2. At least one-half of the stock- keeping units of VQA wine must be for wine manufactured by other wineries.

Up to $10,000

28.8(1)

A winery that is authorized to sell wine in a wine boutique must not sell wine in containers having a volume of more than 4 litres.

Up to $2,000

28.8(2)

A winery that is authorized to sell wine in a wine boutique must not offer for sale, or sell, cider in packages with more than

six containers.

Up to $2,000

28.8(3)

A winery that is authorized to sell wine in a wine boutique must not offer a discount or rebate in respect of the purchase of more than six containers of cider.

Up to $6,000

28.9(1)

A winery that is authorized to sell wine in a wine boutique must ensure that wine is displayed in a single contiguous product

display area within the boutique.

Up to $10,000

28.9(1)

A winery that is authorized to sell wine in a wine boutique must ensure that the wine boutique does not display for sale merchandise belonging to the grocery store.

Up to $10,000

28.9(2)

A winery that is authorized to sell wine in a wine boutique must ensure that at least 50 per cent of the containers of wine on display in the wine boutique are containers of VQA wine and that at least one half of those containers are containers of wine manufactured by other wineries.

Up to $10,000

28.9(3)

A winery that is authorized to sell wine in a wine boutique must ensure that at least 5 per cent of the containers of wine on display in the wine boutique are containers of wine manufactured by a small winery.

Up to $10,000

28.9(4)

The display area must contain one or more signs indicating that VQA wines are available for sale.

Up to $2,000

28.10(1)

A winery that is authorized to sell wine in a wine boutique must establish a policy describing measures that have the goal of ensuring that at least 25 per cent of the wine sold in any 12-month period in all wine boutiques operated by the winery is VQA wine, and that at least 50 per cent of the VQA wine sold is manufactured by other wineries.

Up to $4,000

28.10(2)

After the first 12 months of operation, the winery must ensure that at least 20 per cent of the wine sold in any 12-month period in all wine boutiques operated by the winery is VQA wine, and that at least 40 per cent of the VQA wine sold is manufactured by other wineries.

Up to $10,000

28.10(3)

A winery that is authorized to sell wine in a wine boutique must ensure that at least 10 per cent of the wine sold in a wine boutique during its first 12 months of operation is VQA wine, and that at least 20 per cent of the VQA wine sold is manufactured by other wineries.

Up to $10,000

28.11(1)

A winery that is authorized to sell wine in a wine boutique must maintain weekly sales information identifying the stock- keeping units of wine sold in all wine boutiques operated by the winery and must retain that information for at least

three years.

Up to $4,000

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