Part i (s. 1) Repealed: 2019, c. 15, Sched. 21, s. 20 (2).
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Part ii (s. 2-8) Repealed: 2019, c. 15, Sched. 21, s. 20 (2).
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Part IiI Brewers retail inc.
In this Part,
“Board” means the Liquor Control Board of Ontario continued under section 2 of the Liquor Control Board of Ontario Act, 2019; (“Régie”)
“compensation” includes compensatory, consequential, special, aggravated and punitive damages, contribution and indemnity and any other payment to limit, make good or atone for the physical, economic or emotional losses of any person, and any order to require or stop the taking of any action, and “compensate” has a corresponding meaning; (“dédommagement”, “dédommager”)
“June 2000 framework” means the document entitled “Serving Ontario Beer Consumers: A Framework for Improved Co-operation and Planning Between the LCBO and BRI” and the document to which it is attached, dated June 1, 2000 signed by the Chairman of Brewers Retail Inc. and the Chair and Chief Executive Officer of the Board; (“accord-cadre de juin 2000”)
“September 2011 agreement” means the agreement dated September 1, 2011 between Brewers Retail Inc., the Board and Her Majesty the Queen in right of Ontario as represented by the Minister of Finance with respect to management of a province-wide deposit return program for certain beverage alcohol containers. (“accord de septembre 2011”) ;
(1) One or more of the following may enter into agreements with the Crown in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario:
Brewers Retail Inc.
One or more shareholders of Brewers Retail Inc., individually or jointly.
One or more of the following may enter into agreements with a Crown agent in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario, if the Lieutenant Governor in Council directs the Crown agent to enter into such an agreement:
Brewers Retail Inc.
One or more shareholders of Brewers Retail Inc., individually or jointly.
The Board is deemed to have been directed, and Brewers Retail Inc. is deemed to have been authorized, to enter into the June 2000 framework in relation to the Crown’s or a Crown agent’s regulation and control of the sale of beer in Ontario.
An agreement referred to in subsection (1) or (2) may provide for such matters relating to Brewers Retail Inc. as the Lieutenant Governor in Council considers advisable, including its governance, capital structure, share ownership, finances, operations and accountability and its marketing and retail practices.
An agreement may provide for the following matters relating to the sale of beer in Ontario:
A procedure for investigating and resolving complaints by beer manufacturers, consumers and others about their dealings with Brewers Retail Inc. about the sale of beer in stores operated by Brewers Retail Inc.
The size of packaging to be used for beer sold by Brewers Retail Inc. and by the Board.
Rules regarding the pricing of beer sold by Brewers Retail Inc., or by one or more of its shareholders, including beer sold to a holder of a licence issued under the Liquor Licence Act to sell liquor.
Any matter addressed in the June 2000 framework.
Such other matters as the Lieutenant Governor in Council considers advisable.
If an agreement under subsection (1) provides for payments by the Board to beer manufacturers, calculated with reference to the volume of beer sold through stores to which authorizations under clause 3 (1) (e.1) apply, the Board shall make the payments in accordance with the terms of the agreement.
The Board shall collect from each store to which an authorization under clause 3 (1) (e.1) applies the store’s proportionate share of any payment required under subsection (6), as determined in accordance with the terms of the supply agreement between the Board and the store operator, by including the amount payable in the wholesale price of the beer it sells to the store.