Nunavut, Canada, local Obligatory referendum [LOR] - Plebiscite - Liquor Act (Licence)

General Typology

Instrument
Obligatory referendum [LOR]
Location
Nunavut, Canada
Political level
local
Local Name:
Plebiscite - Liquor Act (Licence)
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:
Plebiscite Concerning Licences

Requirement for plebiscite

43. (1) Subject to this section, the Board may not issue any licence in any settlement, municipality or area, without first, by means of a plebiscite, obtaining the approval of at least 60% of the votes cast by the qualified voters in that settlement, municipality or area.


(4) Where

(a) a plebiscite is held under subsection (1), and

(b) less than 60% of the votes cast in the settlement, municipality or area are in favour of the Board issuing a licence, no further plebiscite shall be held in the settlement, municipality or area to ask a question that is similar to such question within three years of that plebiscite.

Result in favour of licence

44. Where at a plebiscite at least 60% of the votes cast in the settlement, municipality or area are in favour of the Board issuing a particular type of licence, the Board may issue that licence on receipt of an application made under this Act.

Issuing licence without plebiscite

Subject Matter:

To issue a licence under the Liquor Act

Actors

Author:
Municipal Board
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
None
Approval Quorum:
60% of voters
Geographical Quorum:
None
Excluded Issues:
Exception

(2) Where, following a plebiscite, a licence or licences are issued in any settlement, municipality or area, the Board may issue other licences that are of the same class, or of a class with less privileges, in accordance with this Act, without a plebiscite.

Ranking of licences

(3) For the purposes of subsection (2) and section 47, licences shall be deemed to have more or less privileges in accordance with the following list, with a licence in the list having more privileges than those below it in the list and less privileges than those above it in the list:

(a) cocktail lounge licence;

(b) dining room licence;

(c) brew pub licence;

(d) guest room licence;

(e) club licence, canteen licence, special licence, aircraft licence, ship licence, private recreational facility licence, cultural and sports facility licence.

Other Formal Requirements:
45. Notwithstanding section 43, the Board may, if the applicant has met the requirements set out in this Act and the regulations, issue a licence, without a plebiscite, to an applicant for any of the following classes of licences:

(a) canteen licences;

(b) guest room licences;

(c) special licences;

(d) aircraft licences;

(e) ship licences;

(e.1) club licences;

(f) private recreational facility licences;

(g) cultural and sports facility licences.

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: