Nunavut, Canada, local Plebiscite [ATP] - Plebiscite - Liquor Act - Restrictions, Prohibition

General Typology

Instrument
Plebiscite [ATP]
Location
Nunavut, Canada
Political level
local
Local Name:
Plebiscite - Liquor Act - Restrictions, Prohibition
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

48. (1) Where at least 20 qualified voters in a settlement, municipality or area petition the Minister to hold a plebiscite to determine whether the consumption, possession, purchase, sale or transport of liquor ought to be restricted or prohibited in the settlement, municipality or area, the Minister may order that a plebiscite be held to determine the wishes of the qualified voters of the settlement, municipality or area.

Declarations after plebiscite in unregulated area
49. (1) Where at a plebiscite held under subsection 48(1), at least 60% of the votes cast by the qualified voters of the settlement, municipality or area where the consumption, possession, purchase, sale or transport of liquor is not restricted or prohibited are in favour of
(a) restricting any such activities in the settlement, municipality or area and becoming a restricted area, or
(b) prohibiting any such activities in the settlement, municipality or area and becoming a prohibited area, the Minister shall declare the settlement, municipality or area a restricted or prohibited area, as the case may be.

References: CONSOLIDATION OF LIQUOR ACT, R.S.N.W.T. 1988,c.L-9, (Current to: August 15, 2014)

Subject Matter:

To restrict or prohibit liquor consumption, possession, purchase, sale, transport

Actors

Author:
Petition of citizens - (see corresponding PAX)
Initiator:
Minister
Decision maker:
Voters

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Declarations after plebiscite in unregulated area 49. (1) Where at a plebiscite held under subsection 48(1), at least 60% of the votes cast by the qualified voters of the settlement, municipality or area where the consumption, possession, purchase, (..)
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Exception

(3) Where

(a) a brew pub licence for the sale and consumption at a brew pub of beer manufactured by the licence holder under a brewery permit,

(b) a cocktail lounge licence for the sale and consumption of liquor, or

(c) a dining room licence for the sale and consumption of beer and wine in a public dining room,

is in force in a settlement, municipality or area, no question shall be asked in a plebiscite held under subsection (1) that would, if approved by the qualified voters of the settlement, municipality or area, authorize the making of a regulation that would have the effect of prohibiting or restricting the sale of liquor for consumption in the licensed premises in accordance with the terms and conditions of the licence and the provisions of this Act and the regulations.

Other Formal Requirements:

Possible systems that may be chosen by plebiscite
(2) Without limiting the generality of subsection (1), the qualified voters may, subject to subsection (3) and the approval of the Minister, choose to vote on any system and may vote on the following systems:
(a) an unrestricted system in which the community is subject only to the general liquor laws of Nunavut;
(b) repealed, R.S.N.W.T. 1988,c.101(Supp.),s.5;
(c) a restricted quantities system in which, in addition to the general liquor laws, the quantity of liquor that a person may purchase is limited;
(d) a committee system, in which a locally elected alcohol education committee decides
(i) who may consume, possess, purchase or transport liquor in the settlement, municipality or area,
(ii) who may import liquor into the settlement, municipality or area under this Act,
(iii) the amount of liquor that a person may possess, purchase, transport or import in the settlement, municipality or area,
(iv) who may apply for a wine permit in the settlement, municipality or area and the amount of wine that a person may apply to make, and
(v) who may brew beer for personal or family consumption in the settlement, municipality or area and the amount of beer that a person may brew; a prohibition system, which prohibits the consumption, possession, purchase, sale or transport of liquor within the settlement, municipality or area.

References: References: CONSOLIDATION OF LIQUOR ACT, R.S.N.W.T. 1988,c.L-9, (Current to: February 10, 2013)

Procedural Elements

Wording Of Ballot Question:

Questions
(5) The questions on a ballot used in a plebiscite under subsection (1) must
(a) reflect the content of the petition and may include other questions that the Minister considers desirable; and
(b) be translated into languages or dialects appropriate to the settlement, municipality or area.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

Please note: This instrument should be seen in combination on the PAX-instrument for a petition to restrict or prohibit liquor consumption, possession, purchase, sale, transport.