Liquor Control Board of Ontario Act, 2019, S.O. 2019, c. 15, Sched. 21

• Jurisdiction: Ontario

Liquor Control Board of Ontario Act, 2019

S.o. 2019, chapter 15
Schedule 21

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendments: 2019, c. 15, Sched. 21, s. 19.

CONTENTS

Interpretation

Definitions

1 In this Act,

“LCBO” means the Liquor Control Board of Ontario continued under section 2; (“Régie des alcools”)

“liquor” has the same meaning as in the Liquor Licence and Control Act, 2019; (“boisson alcoolisée”)

“Minister” means the Minister responsible for the administration of this Act; (“ministre”)

“regulations” means the regulations made under this Act. (“règlements”)

Continuation, Objects, Powers

LCBO continued

2 (1) The Liquor Control Board of Ontario is continued as a corporation without share capital that is composed of the members of its board of directors. 2019, c. 15, Sched. 21, s. 2 (1).

Crown agent

(2) The LCBO is an agent of the Crown in right of Ontario. 2019, c. 15, Sched. 21, s. 2 (2).

Same

(3) The regulations may specify provisions of the Business Corporations Act that apply to the LCBO, with or without any modifications prescribed by the regulations. 2019, c. 15, Sched. 21, s. 2 (3).

Same

(4) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the LCBO. 2019, c. 15, Sched. 21, s. 2 (4), 19.

Section Amendments with date in force (d/m/y)

2019, c. 15, Sched. 21, s. 19 - 29/11/2021

Objects

3 The LCBO has the following objects:

1. To establish retail stores in Ontario for the sale of liquor to the public, including online stores and stores operated by its agents.

2. To buy and sell liquor, both as a wholesaler and as a retailer.

3. To import liquor and control the importation of liquor.

4. To promote social responsibility in connection with liquor.

5. To perform such other functions as may be assigned to the LCBO by this Act or any other Act.

6. To engage in any other activities that are prescribed by the regulations.

7. To engage in any other activity that is incidental to carrying out its other objects.

General powers

4 (1) Except as limited by this Act, the LCBO has the capacity, rights and powers of a natural person for the purposes of carrying out its objects.

Subsidiaries

(2) The LCBO shall not create or acquire a subsidiary.

Importation of liquor

5 (1) Subject to any limitations prescribed by the regulations, the LCBO may, by resolution of its board of directors, make rules respecting liquor brought into Ontario from outside of Canada that is to be consigned to the LCBO pursuant to subsection 3 (1) of the Importation of Intoxicating Liquors Act (Canada) or any other applicable law.

Agreement with Canada

(2) The LCBO may enter into an agreement with the Government of Canada respecting any matter relating to liquor brought into Ontario from outside of Canada that is to be consigned to the LCBO.

Same

(3) Without limiting the generality of subsection (2), the agreement may provide for the appointment of officers, as defined in subsection 2 (1) of the Customs Act (Canada), employed at customs offices located in Ontario as agents of the LCBO for the purposes of,

(a) accepting liquor to be consigned to the LCBO;

(b) selling and releasing liquor back to persons bringing the liquor into Ontario on payment of any mark-up imposed by the LCBO; and

(c) releasing to the LCBO liquor on which any mark-up imposed by the LCBO is not paid by the person bringing the liquor into Ontario.

Board of Directors, Chief Executive Officer, employees

Board of Directors

6 (1) The board of directors of the LCBO consists of not more than 11 members appointed by the Lieutenant Governor in Council.

Remuneration

(2) Members are entitled to be paid remuneration and reimbursement for reasonable expenses as determined by the Lieutenant Governor in Council.

Chair and Vice Chair

(3) The Lieutenant Governor in Council shall designate a member as the chair of the board and may designate another member as the vice-chair.

Acting Chair

(4) If the chair is absent or unable to act, or if the office of the chair is vacant, the vice-chair shall act as chair.

Same

(5) If the chair and vice-chair are absent, the members present shall appoint an acting chair from among themselves.

Quorum

(6) A majority of the members constitutes a quorum of the board of directors.

Powers and Duties of the Board of Directors

7 (1) The board of directors shall manage and supervise the activities and affairs of the LCBO.

By-Laws

(2) The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the LCBO.

Delegation

(3) The board may delegate to a committee of the board or to an officer or employee of the LCBO any of the board of director’s powers other than the power to,

(a) make, amend or repeal by-laws of the LCBO;

(b) approve the LCBO’s budget, including the budget for capital expenditures and staffing;

(c) approve...