|
|
|
Quebec Liquor
Advertising Regulations
|
Regulations respecting
promotion, advertising and educational programs relating to
alcoholic beverages
An Act respecting liquor
permits (R.S.Q., c. P-9.1. s. 114, pars 1.1, 12 and 12.1;
1990, c. 67, s. 6)
Division I
Interpretation
1.
In this regulation, unless the
context indicates otherwise, the definitions appearing in
section 2 of the Act respecting offences relating to
alcoholic beverages (R.S.Q., c. I-8.1) apply to this
Regulation.
Division II
Advertising of Alcoholic
Beverages
2.
No person may advertise alcoholic
beverages where the advertising
(1) is directed at a person
of minor age or includes a person of minor age to consume
alcoholic beverages;
(2) directly or indirectly
portrays consumption of alcoholic beverages;
(a) as an element that
enhances the importance, social prestige or success of a
person;
(b) as a means of improving
athletic performance;
(c) as an essential element
in a person's participation in activities; or
(d) as an aid in surmounting
personal problems;
(3) associates the
consumption of alcoholic beverages with the driving of a
motorized vehicle; or
(4) induces a person to
consume alcoholic beverages in an irresponsible
manner.
3.
No person may advertise alcoholic
beverages by means of advertising that
(1) uses a person of minor
age;
(2) uses or alludes to a
fictitious or real character associated with persons of
minor age; or
(3) shows a person or
persons engaged in the consumption of alcoholic beverages in
an irresponsible manner.
4.
Sections 2 and 3 do not apply to
advertising intended to promote abstinence or moderation in
the consumption of alcoholic beverages or to provide
information on the effects of irresponsible consumption of
alcoholic beverages.
5.
Any representation relating to an
alcoholic beverage in advertising shall be accurate.
6.
A manufacturer and a permit holder
may not advertise an alcoholic beverage jointly.
A distributor may not
advertise an alcoholic beverage jointly with a manufacturer
or permit holder.
The first and second
paragraphs do not apply to advertising inside a permit
holder's establishment.
In this Regulation,
"distributor" means a person
authorized by the Société des alcools du
Québec under paragraph h of section 17 of the Act
respecting the Société des alcools du
Québec (R.S.Q., c. S-13); (
distributeur
)
"manufacturer" means the
Société des alcools du Québec, in
respect of the alcoholic beverages it bottles under its own
name, a holder of a permit issued under the Act respecting
the Société des alcools du Québec, any
other supplier of alcoholic beverages of the
Société des alcools du Québec and an
agent or representative of those persons (
fabricant
)
"permit holder" means a
holder of a permit issued under the Act respecting liquor
permits (R.S.Q., c. P9.1). (
détenteur de
permis)
7.
A manufacturer or a permit holder may
not advertise on clothing and equipment intended for use by
a person of minor age in a sport or in any other activity
engaged in by a person of minor age.
8.
A permit holder or a distributor may
not advertise the brands of alcoholic beverages of one
manufacturer exclusively
The first paragraph does not
apply to advertising inside a permit holder's
establishment.
9.
At no time may a holder of a permit
that authorizes consumption on the premises offer or grant a
reduced selling price on alcoholic beverages.
10.
A holder of a permit that authorizes
consumption on the premises may not, either directly or
indirectly, advertise free consumption of alcoholic
beverages.
Division III
Promotion
Practices
11.
A manufacturer may not offer or
procure a financial or other benefit for a distributor with
intent to restrict or deny the availability of another
manufacturer's alcoholic beverages within the distribution
network of that distributor.
A distributor may not
solicit or accept a financial or other benefit from a
manufacturer with intent to restrict the availability of
another manufacturer's alcoholic beverages within the
distribution network of that distributor.
12.
Alcoholic beverages may be provide
for the purposes of a tasting in a location in which the
public is admitted only on the condition that
(1) the tasting takes place
in a branch of the Société des alcools du
Québec, in a permit holder's establishment, in the
store of an agent of the Société des alcools
du Québec, or on the premises where alcoholic
beverages are made under a small-scale production
permit;
(2) the tasting is of
alcoholic beverages authorized to be sold on the premises of
the tasting;
(3) the quantity of
alcoholic beverage served to a person does not exceed, per
product brand, 100 ml for an alcoholic beverage containing
not more than 7% alcohol per volume, 50 ml for an alcoholic
beverage containing more than 7% but less than 20 % alcohol
per volume, and 25 ml for an alcoholic beverage containing
not less then 20% alcohol per volume;
(4) the tasting is held by
the manufacturer of the alcoholic beverages to be tasted or
by an undertaking not connected with the alcoholic beverage
industry and specialized in public opinion polling, or by
employees of the Société des alcools du
Québec;
(5) the alcoholic beverages
used are bought directly from the permit holder on whose
premises the tasting is held; and
(6) the person to whom the
alcoholic beverage is given is of full age.
A permit holder may not be a
manufacturer's agent or mandatory for the purposes of
holding a tasting.
In this Regulation,
"tasting" means a
promotional activity at which a manufacturer serves
alcoholic beverages to persons in such quantity as to allow
only for a taste of the alcoholic beverage served
(
dégustation
).
13.
A manufacturer shall send to the
Régie des permis d'alcool du Québec, at least
15 days prior to the date of the tasting, a notice stating
the name and address of the person on whose premises the
tasting is to be held and the quantities per brand of
alcoholic beverage to be tasted.
14.
The Régie shall issue
authorization for the tasting to the manufacturer unless, of
its own motion, it has undertaken proceedings to revoke,
suspend or not renew the manufacturer's permit.
15.
A manufacturer may not sell, give or
supply a permit holder with the equipment required to
operate under the permit.
For the purposes of this
section, promotional items intended for use by consumers on
the premises of the establishment are deemed not to be
equipment required to operate under the permit.
16. No manufacturer or permit holder or
their employees may give alcoholic beverages to a person of
minor age or to a person in a state of intoxication.
17. A holder of a distiller's permit, a
wine maker's permit or a cider maker's permit may not give
away from stock an alcoholic beverage bottled by the permit
holder unless the alcoholic beverage was bought from the
Société des alcools du Québec.
Notwithstanding the
foregoing, a permit holder may give away from stock an
alcoholic beverage bottled by the permit holder if the
alcoholic beverage is
(1) given for personal
consumption to a person visiting the permit holder's
bottling facilities; or
(2) given for personal
consumption to a person employed by the permit
holder.
18. A grocery permit holder may not sell
beer and alcoholic beverages made of beer and other
non-alcoholic substances at a price lower than their
purchase price. In determining the purchase price, and beer
and alcoholic beverages made of beer and other non-alcoholic
substances given to the permit holder by the seller of those
products may not be taken into account.
Subject to section 12, a
grocery permit holder or a person employed by the permit
holder may not give or allow alcoholic beverages to be given
to anyone in the permit holder's establishment.
Division IV
Educational Programs
Relating to Alcoholic Beverages
19. Manufacturers shall, individually or
as a group, implement educational programs relating to
alcoholic beverages.
The programs may take the
form of
(1) funding to an
organization engaged in medical research into treatments
aimed at helping persons suffering from problems related to
the consumption of alcoholic beverages.
(2) funding to a support and
rehabilitation centre for persons suffering from problems
related to the consumption of alcoholic beverages; or
(3) publicity informing
consumers of alcoholic beverages of the benefits of
responsible consumption without referring to any brand of
alcoholic beverage in particular, or participation in an
organization that funds such publicity.
20. Manufacturer's shall submit the
programs prescribed in section 19 to the Régie not
later than 1 March of each year or on any other date
previously agreed upon with the Régie.
Division V
Approval Procedure for
Promotion, Advertising and Educational Programs Relating to
Alcoholic Beverages
21. A manufacturer intending to
advertise alcoholic beverages shall first have the
advertising approved by the Régie.
The manufacturer shall
forward a written account of the advertising to the
Régie at least 5 days before the advertising is to be
released.
22. Any other person intending to
advertise may, likewise, have the advertising approved by
the Régie.
23. The Régie shall issue a
certificate of compliance if the advertising or educational
program submitted to it complies with this
Regulation.
24. The Régie shall refuse to
approve a manufacturer's advertising if the manufacturer
failed to submit an educational program relating to
alcoholic beverages before 1 March, or did not implement
such program within 12 months following the date on which it
was approved.
25. The Régie shall revoke the
certificate of compliance it has issued if the advertising
or educational program differs from the written account
referred to in the second paragraph of section 21 or where
applicable, from the educational program submitted in
compliance with section 20, to such extent that the original
meaning or scope has been altered.
26. A manufacturer or a person whose
advertising has been approved by the Régie shall keep
the text of the advertising or, where applicable, a copy of
the advertising on tape or videotape, for a period of 1 year
after the date of its release.
27. This Regulation replaces the
Regulation respecting the Advisory Committee on the
advertising of alcoholic beverages (R.R.Q., 1981, c. P-91.,
r. 1), and the Regulation respecting sales promotion and
advertising of alcoholic beverages (R.R.Q., 1981, c. P-91,
r.8).
28. This Regulation comes into force on
the fifteenth day following the date of its publication in
the Gazette
officielle du Québec.
Regulation respecting
liquor permits
(Amendment)
An Act respecting liquor
permits
(R.S.Q., c. 9.1, s. 114,
pars. 2, 3 and 6)
1. The Regulation respecting liquor
permits made on 5 August 1983, published in the
Gazette officielle du
Québec dated
17 August 1983 and replacing the Règlement sur les
permits d'alcool that had been approved by Order in Council
2659-81 dated 23 September 1981 (R.R.Q., 1981 c, P-91., r.
6), and amended by the regulations approved by Orders in
Council 2619-83 dated 14 December 1983 and 1056-90 dated 18
July 1990, is further amended by inserting the following
after section 15:
"15.1 A holder of a reunion permit must
purchase the beer he intends to sell or serve directly from
a holder of a grocery permit."
2. The following is inserted after
section 23:
"23.1 Not withstanding paragraphs 2 and 3
of section 20 and paragraph 1 of section 21, the
Régie may issue to a manufacturer,within the meaning
of the Regulation respecting promotion, advertising and
educational programs relating to alcoholic beverages,
approved by Order in Council (insert the number and date of
the Order on Council), a reunion permit to sell on the
premises of an exhibition or of a trade or specialty
show."
(2) by adding the following
paragraph at the end:
"From 1 December 1994, the
fees mentioned in paragraphs a, b, c and d shall be fixed at $450, $900, $1,350
and $200 respectively.".
2. The following is inserted after
section 4:
"4.1 on 1 May 1995 and on ! May of each
subsequent year, the fees in force at that time for the
licences referred to in paragraphs a, b, c and d of section 4 shall be indexed on the
basis of the rate of variation in the general average
Consumer Price Index for Canada as determined by Statistics
Canada for the proceeding calendar year in relation to that
for the previous year. The new fees shall have effect from
the date of indexing.
The fees thus indexed shall
be reduced to the nearest dollar where they contain a
fraction of a dollar less than $0.50; they shall be
increased to the nearest dollar where they contain a
fraction of a dollar to or greater than $0.50.
The Office de la protection
du consommateur shall publish in theGazette officielle du
Québec each
year a notice indicating the new fees as soon as they are
determined.".
3. This Regulation shall come into
force on the fifteenth day following the date of its
publication in the Gazette officielle du
Québec.
8338
Gouvernement du
Québec
O.C.
610-94, 27 April
1994
An Act respecting the liquor
permits
(R.S.Q., c. P-9.1)
Promotion,advertising and
educational programs relating to alcoholic
beverages
- Amendments
Regulation to amend the
Regulation respecting promotion,advertising and educational
programs relating to alcoholic beverages
WHEREAS under paragraph 13.1
of section 114 of the Act respecting liquor permits
(R.S.Q.,c. P-9.1), enacted by section 52 of chapter 71 of
the Statutes of 1993, the Régie des alcools, des
courses et des jeux may make regulations determining the
minimum retail price of beer so as not to encourage the
irresponsible consumption thereof, which price may vary
according to the category of permit or apply only to certain
of such categories;
WHEREAS the Regulation
respecting promotion,advertising and educational programs
relating to alcoholic beverages was approved by Order in
Council 1529-91 dated 6 November 1991;
WHEREAS it is expedient to
amend the Regulation;
WHEREAS in accordance with
section 10 and 11 of the Regulations Act (R.S.Q.,c.
R-18.1),a draft of the Regulation attached to this Order in
Council was published in part 2 of the Gazette officielle du
Québec of 17
November 1993 with a notice that it could be submitted to
the Government for approval upon the expiry of 45 days
following that publication;
WHEREAS it is expedient to
approve the regulation with amendments;
IT IS ORDERED, therefore, on
the recommendation of the Minister of Health and Social
Services, the Minister of Public Security, the Minister of
Income Security and the Minister of Transport:
THAT the Regulation to amend
the Regulation respecting promotion, advertising and
educational programs relating to alcoholic beverages,
attached hereto, be approved.
BENOIT MORIN,
Clerk of the Conseil
exécutif
Regulation to amend the
Regulation respecting promotion, advertising and educational
programs relating to alcoholic beverages
An Act respecting liquor
permits
(R.S.Q., c. P-9.1, s.114,
par. 13.1; 1993, c.71, s.52)
1. The Regulation respecting
promotion,advertising and educational program relating to
alcoholic beverages, approved by Order in Council 1529-91
dated 6 November 1991, is amended in section 18 by
substituting the following paragraphs for the first
paragraph:
2.
This Regulation comes into force on
the fifteenth day following the date of its publication in
the Gazette
officielle du Québec.
8339
Gouvernement du
Québec
|
|
|
|
|
