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

General Typology

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

46. (1) Where at least 20% of the qualified voters in a settlement, municipality or area petition the Minister to close licensed premises of a certain class or classes, the Minister may order that a plebiscite be held to determine the wishes of the qualified voters of the settlement, municipality or area.

Cancellation of licences

47. Where

(a) a licence is in force in a settlement, municipality or area in which a plebiscite has been held under subsection 46(1), and

(b) 60% of the votes cast are against that type of licence, the Board shall cancel all licences of that type, or of a type that grants more privileges, in the settlement, municipality or area.

Plebiscite concerning restriction of hours

47.1. (1) Where at least twenty percent of the qualified voters in a settlement or municipality petition the Minister to hold a plebiscite to determine whether the hours of operation of licensed premises of a certain class or of certain classes ought to be restricted, or whether an existing restriction ought to be amended or removed, the Minister may order that a plebiscite be held to determine the wishes of the qualified voters of the settlement or municipality.

Imposition of restriction

(2) Where at least sixty percent of the votes cast at a plebiscite held under subsection (1) are in favour of restricting the hours of operation of licensed premises of a certain class or of certain classes, the Board shall amend the licences of licensed premises of that class or of those classes to comply with the restriction approved at the plebiscite.

Amendment or removal of restriction

(3) Where at least sixty percent of the votes cast at a plebiscite held under subsection (1) are in favour of amending or removing a restriction on the hours of operation of licensed premises of a certain class or of certain classes, the Board shall accordingly amend or remove the restriction on licences of that class or of those classes.

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

Subject Matter:

Plebiscite on licences, restriction of hours - Liquor Act

Actors

Author:
Petition of electorate for referendum on that issue
Initiator:
Minister
Decision maker:
citizens

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
60% of voters cast
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Protection for existing licences

(2) Where licences of any class, other than those set out in section 45, are in existence in any settlement, municipality or area for less than four years, no question shall be asked in a plebiscite that may have the effect of cancelling the licences existing in the settlement, municipality or area.

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks:

Please note: This instrument doesn´t follow the usual procedures and in total combines the agenda initiative as "author" instrument and the plebiscite.