249_2022 — Food Delivery Service Fee Regulation

s. 1 — Definitions

In this regulation, Act means the Food Delivery Service Fee Act.

s. 2 — Reference period

For the purposes of the definition of "reference period" in section 1 [definitions] of the Act, the specified period is, as applicable,

s. 2(a)

the period beginning on January 1 and ending on the following June 30, or

s. 2(b)

the period beginning on July 1 and ending on the following December 31.

s. 3 — Base tier fee

For the purposes of the definition of "base tier fee" in section 3 [definitions for Division 1 of Part 3] of the Act, the specified amount, in relation to a customer's order of food or beverages from a restaurant, is 20% of the total amount, not including taxes and gratuities, that the restaurant operator charges the customer for the food or beverages.

s. 4 — Threshold number of restaurants

For the purposes of the definition of "threshold number" in section 3 of the Act, the specified number of restaurants is 500.

s. 5 — Delayed application of sections 5 (1) and 6 of Act

For the purposes of section 4 (3) [application of Division 1 of Part 3] of the Act, the prescribed period is 14 days.

s. 6 — Notice of cancellation of agreement

For the purposes of section 6 (2) (a) (i) [right to cancel agreement] of the Act, the prescribed number of days is 7 days.

s. 7 — Retention of records

The following periods are prescribed for the purposes of section 8 (2) [requirement to retain records] of the Act:

s. 7(a)

in the case of a record referred to in section 8 (1) (a), (b) or (d) of the Act, 3 years after the date the record is created;

s. 7(b)

in the case of a record referred to in section 8 (1) (c) of the Act, 3 years after the end of the reference period to which the record relates.

s. 8 — Complaints — time limit

For the purposes of section 9 (2) (a) [restaurant operators may make complaint to director] of the Act, the prescribed period is 1 year.

s. 9 — Administrative penalties — contraventions

For the purposes of section 15 (1) (a) [administrative penalties] of the Act, the following provisions of the Act are prescribed:

s. 9(a)

section 5 (1) (a) and (3) [fees for services that include core services];

s. 9(b)

section 6 (2) (b) [right to cancel agreement];

s. 9(c)

section 7 (1) [no reduction of compensation];

s. 9(d)

section 8 [requirements to prepare, maintain and retain records];

s. 9(e)

section 12 (2) [powers to require records and information].

s. 10 — Maximum amount of administrative penalty

For the purposes of section 17 (2) [amount of administrative penalty] of the Act, the specified amount is $2 300.

s. 11 — Payment of administrative penalty

For the purposes of section 18 (a) [payment of administrative penalty] of the Act, the prescribed period is 30 days.

s. 12 — Reconsiderations — time limit

For the purposes of section 22 (2) (a) (ii) [reconsiderations] of the Act, the prescribed period is, as applicable, 30 days after the date that a person receives

s. 12(a)

a compliance order under section 13 of the Act, or

s. 12(b)

a notice of administrative penalty under section 16 of the Act.