Ontario, Canada, local Popular or citizens initiative [PCI] - Petition on sale of liquor

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Ontario, Canada
Political level
local
Local Name:
Petition on sale of liquor
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

53.(2) The council of a municipality shall submit to a vote such prescribed questions respecting the authorization of the sale of liquor in the municipality as are requested by a petition signed by at least 25 per cent of the persons appearing on the list of electors, as revised, prepared for the previous municipal election.
Idem
54.(2) The council of a municipality shall submit to a vote such prescribed questions respecting the prohibition of the sale of liquor in the municipality as are requested by a petition signed by at least 25 per cent of the persons appearing on the list of electors, as revised, prepared for the previous municipal election.

Establishing stores

(3) Government stores may be established in a municipality in which 60 per cent of the electors voting on a question vote in favour of the sale of liquor in government stores.

Issuing licences

(4) Licences to sell liquor may be issued for premises in a municipality in which 60 per cent of the electors voting on a question vote in favour of the sale of liquor in licensed premises. R.S.O. 1990, c. L.19, s. 53.

Closing stores

(3) If 60 per cent of the electors voting on a question vote in favour of prohibiting the sale of liquor in government stores, all government stores established in the municipality shall be closed as of the 31st day of March in the following year.

Revoking licences
(4) If 60 per cent of the electors voting on a question vote in favour of prohibiting the sale of liquor in licensed premises, all licences to sell liquor issued for premises in the municipality shall be deemed to be revoked as of the 31st day of March in the following year.

No right to a hearing
(5) Sections 15 and 21 do not apply where a licence is deemed to be revoked under subsection (4). R.S.O. 1990, c.L.19, s.54.

Voting day
55.(1)Subject to subsection (2), the day fixed for taking a vote on any question under section 53 or 54 shall be voting day in the next regular election under the Municipal Elections Act, 1996, unless the council, with the approval of the Board, fixes another day and notifies the clerk of the municipality. 1996, c.32, s.73(1); 2002, c.18, Sched.E, s.7(4).
Idem
(2)A vote shall not be held on any question until after sixty days from,
(a) the filing of the petition requiring the question to be submitted; or
(b) the date the council approves the submission of the question, if the council submits the question without a petition. R.S.O. 1990, c.L.19, s.55(2); 1996, c.32, s.73(2).

Eligible voters
56.The persons eligible to vote on a question under section 53 or 54 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 on the day fixed for taking the vote on the question. R.S.O. 1990, c.L.19, s.56; 2002, c. 17, Sched. F, Table. Municipal Elections Act, 1996 applies
57. The provisions of the Municipal Elections Act, 1996 apply to the taking of a vote under this Act. R.S.O. 1990, c.L.19, s.57; 2002, c. 17, Sched. F, Table.

Who may sign petition
(3)In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons qualified to sign a petition under section 53 or 54 are the persons whose names appear on the list of electors, as revised, prepared for the previous municipal election held in the municipality amalgamated or municipality or part annexed, as the case may be. R.S.O. 1990, c.L.19, s.60(3); 1996, c.26, s.3(16).

Who may vote
(4)In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons eligible to vote on a question under section 53 or 54 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 in the municipality amalgamated or municipality or part annexed, as the case may be. R.S.O. 1990, c.L.19, s.60(4); 1996, c.26, s.3(16); 2002, c. 17, Sched. F, Table.

References: Liquor Licence Act, R.S.O. 1990, CHAPTER L.19, (2011)

Subject Matter:

To initiate referendum on sale of liquor

Actors

Author:
electors
Initiator:
electors
Decision maker:
electorate

Requirements

Number Of Signatures:
25% of electors
Available Time:
No information in legal source
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
60% of votes cast
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: