Bringing Choice and Fairness to the People Act (Beverage Alcohol Retail Sales), 2019 — Bill 115 (42nd Parliament, 1st Session)

Bill 115, 42-1

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Bill 115, Bringing Choice and Fairness to the People Act (Beverage Alcohol Retail Sales), 2019

Fedeli, Hon. Victor Minister of Finance

Royal Assent received. Statutes of Ontario 2019,

chapter 10

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Royal Assent

Original

Bill 115 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 115 and does not form part of the law.

Bill 115 has been enacted as

Chapter 10 of the Statutes of Ontario, 2019.

The

Bill amends the Liquor Control Act to provide for

the termination of an agreement entitled the Master Framework Agreement entered

into between specified parties and the Crown.

Bill 115 2019

Act to amend the Liquor Control Act with respect to the termination of a

specified agreement

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section 9 of the Liquor Control Act is

amended by adding the following

definitions:

“Master

Framework Agreement” means the agreement entitled “Master Framework Agreement”

dated September 22, 2015 between Brewers Retail Inc., Labatt Brewing Company

Limited, Molson Canada 2005, Sleeman Breweries Ltd. and Her Majesty the Queen

in right of Ontario; (“accord-cadre général”)

“October

2015 agreement” means the agreement entitled “Amended Ontario Deposit Return

Program Agreement” dated January 1, 2016 and with effect from October 1, 2015,

between Her Majesty the Queen in right of Ontario as represented by the

Minister of Finance, Brewers Retail Inc. and the Board with respect to

management of a province-wide deposit return program for certain beverage

alcohol containers; (“entente d’octobre 2015”)

“Termination

Agreement” means the agreement entitled “Termination Agreement” dated January

1, 2016 between Brewers Retail Inc. and the Board with respect to the

termination of the June 2000 framework. (“accord de résiliation”)

(2) The

definition of “September 2011 agreement” in

section 9 of the Act is repealed.

The Act is amended by adding the following sections:

Termination

of Master Framework Agreement

(1) If

the Master Framework Agreement is in effect immediately before

section 2 of the

Bringing Choice and Fairness to the People Act (Beverage

Alcohol Retail Sales), 2019 comes into force, it is terminated on the

day that

section comes into force.

October

2015 agreement, Termination Agreement

(2) For

greater certainty, the termination of the Master Framework Agreement by

subsection (1) shall not be construed as,

(

a) terminating

the October 2015 agreement, providing a ground for terminating the October 2015

agreement or affecting any rights or obligations set out in the October 2015

agreement, including those set out in

section 6.3 of the agreement; or

(

b) terminating

the Termination Agreement, providing a ground for terminating the Termination

Agreement or affecting any rights or obligations set out in the Termination

Agreement.

Consequences

of termination

cause of action

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, operation, administration or repeal of any provision of sections 11

to 13;

(

b) the

termination of the Master Framework Agreement either by subsection 11 (1) or in

accordance with its terms; and

(

c) any

representation or other conduct that is related, directly or indirectly, to the

Master Framework Agreement.

expropriation

(2) Nothing

referred to in subsection (1) constitutes expropriation or injurious affection

for the purposes of the Expropriations Act or

otherwise at law.

remedy

(3) No

costs, compensation or damages are owing or payable to any person and no remedy,

including but not limited to a remedy in contract, restitution, unjust

enrichment or tort, or for misfeasance, bad faith, breach of trust or fiduciary

obligation or any equitable remedy or any remedy under any statute, is available

to any person in relation to anything referred to in subsection (1).

Same

(4) Without

limiting the generality of subsection (3), no costs, compensation or damages

are owing or payable for any past, present or future losses or expenses in

relation to anything referred to in subsection (1).

proceeding

(5) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, unjust enrichment or tort, or for misfeasance, bad

faith, breach of trust or fiduciary obligation or any equitable remedy,

including but not limited to specific performance, injunction or declaratory

relief, or any remedy under any statute, may be brought or maintained for

compensation for any past, present or future losses or expenses in relation to

anything referred to in subsection (1), including any proceeding to enforce a

judgment or order made by a court or tribunal outside of Canada.

Same

(6) Subsection

(5) applies regardless of whether the cause of action on which the proceeding

is purportedly based arose before, on or after the day

section 2 of the Bringing Choice and Fairness to the People Act (Beverage Alcohol

Retail Sales), 2019 comes into force.

Proceedings

set aside

(7) Any

proceeding referred to in subsection (5) commenced before the day

section 2 of the

Bringing Choice and Fairness to the People Act (Beverage

Alcohol Retail Sales), 2019 comes into force is deemed to have been

dismissed, without costs, on the day that

section comes into force and any

decision in a proceeding referred to in subsection (5) is of no effect.

Exception

(8) This

section does not apply to a proceeding commenced by the Crown or its agents and

nothing in this

section precludes a proceeding commenced by the Crown or its

agents.

Losses

and expenses

(9) Without

limiting the generality of subsections (4) and (5), the losses and expenses

referred to in those subsections include the following:

1. A

loss of profit or other benefit.

2. A

loss of business opportunity.

3. A

loss of business or costs consequential on a loss of business.

4. A

loss of interest or of the use of capital or a reduction of capital.

5. A

loss arising from the failure of any person to achieve a desired or anticipated

rate of return on the person’s business activities.

6. A

loss arising from the reduction or cessation of business activity due to lost

profits or benefits, real or anticipated, or the actions of creditors,

suppliers or customers.

Conflict

Sections

11 and 12 prevail over any provision of the Master Framework Agreement, the October

2015 agreement and the Termination Agreement.

Building

Ontario Up Act (Budget Measures), 2015

Sections 9, 10 and 11 of

Schedule 20 to the Building

Ontario Up Act (Budget Measures), 2015 are repealed.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Bringing Choice and

Fairness to the People Act (Beverage Alcohol Retail Sales), 2019 .

Bill 115 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Liquor Control Act to provide for

the termination of an agreement entitled the Master Framework Agreement entered

into between specified parties and the Crown.

Bill 115 2019

Act to amend the Liquor Control Act with respect to the termination of a

specified agreement

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Section 9 of the Liquor Control Act is

amended by adding the following

definitions:

“Master

Framework Agreement” means the agreement entitled “Master Framework Agreement”

dated September 22, 2015 between Brewers Retail Inc., Labatt Brewing Company

Limited, Molson Canada 2005, Sleeman Breweries Ltd. and Her Majesty the Queen

in right of Ontario; (“accord-cadre général”)

“October

2015 agreement” means the agreement entitled “Amended Ontario Deposit Return

Program Agreement” dated January 1, 2016 and with effect from October 1, 2015,

between Her Majesty the Queen in right of Ontario as represented by the

Minister of Finance, Brewers Retail Inc. and the Board with respect to

management of a province-wide deposit return program for certain beverage

alcohol containers; (“entente d’octobre 2015”)

“Termination

Agreement” means the agreement entitled “Termination Agreement” dated January

1, 2016 between Brewers Retail Inc. and the Board with respect to the

termination of the June 2000 framework. (“accord de résiliation”)

(2) The

definition of “September 2011 agreement” in

section 9 of the Act is repealed.

The Act is amended by adding the following sections:

Termination

of Master Framework Agreement

(1) If

the Master Framework Agreement is in effect immediately before

section 2 of the

Bringing Choice and Fairness to the People Act (Beverage

Alcohol Retail Sales), 2019 comes into force, it is terminated on the

day that

section comes into force.

October

2015 agreement, Termination Agreement

(2) For

greater certainty, the termination of the Master Framework Agreement by

subsection (1) shall not be construed as,

(

a) terminating

the October 2015 agreement, providing a ground for terminating the October 2015

agreement or affecting any rights or obligations set out in the October 2015

agreement, including those set out in

section 6.3 of the agreement; or

(

b) terminating

the Termination Agreement, providing a ground for terminating the Termination

Agreement or affecting any rights or obligations set out in the Termination

Agreement.

Consequences

of termination

cause of action

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, operation, administration or repeal of any provision of sections 11

to 13;

(

b) the

termination of the Master Framework Agreement either by subsection 11 (1) or in

accordance with its terms; and

(

c) any

representation or other conduct that is related, directly or indirectly, to the

Master Framework Agreement.

expropriation

(2) Nothing

referred to in subsection (1) constitutes expropriation or injurious affection

for the purposes of the Expropriations Act or

otherwise at law.

remedy

(3) No

costs, compensation or damages are owing or payable to any person and no remedy,

including but not limited to a remedy in contract, restitution, unjust

enrichment or tort, or for misfeasance, bad faith, breach of trust or fiduciary

obligation or any equitable remedy or any remedy under any statute, is

available to any person in relation to anything referred to in subsection (1).