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NEWFOUNDLAND AND LABRADOR
REGULATION 20/08

Nain Alcohol Committee Regulations
under the
Liquor Control Act
(O.C. 2008-094)

(Filed April 8, 2008 )

Under the authority of section 133 of the Liquor Control Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , April 1, 2008 .

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. This order may be cited as the Nain Alcohol Committee Regulations .

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Definitions

        2. In these regulations

             (a)  "Act" means the Liquor Control Act;

             (b)  "committee" means the Nain Alcohol Committee referred to in subsection 3(1);

             (c)  "community" means a community as defined in the Act but for the purpose of these regulations is limited to the Inuit Community of Nain;

             (d)  "council" means a council as defined in the Act but for the purpose of these regulations is limited to the Inuit Community Council of the Inuit Community of Nain; and

             (e)  "youth representative" means a resident of the community who is 16 years of age or older but under 19 years of age.

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Committee established

        3. (1) The community may establish the Nain Alcohol Committee, the members of which shall be elected in accordance with the procedures set out in section 4.

             (2)  The Nain Alcohol Committee established by the community prior to the coming into force of these regulations shall be continued as the committee for the purpose of these regulations until an election is held under section 4.

             (3)  An election to elect the committee shall be held within 2 years after the day these regulations come into force.

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Election of committee

        4. (1) The committee shall consist of 7 members, one of whom may be a youth representative.

             (2)  The members of the committee shall be elected in a general election held on a day ordered by council.

             (3)  An election under subsection (2) shall be held in the same manner as an election held under the Municipal Elections Act , with those necessary modifications as the council may require.

             (4)  A candidate for youth representative shall be nominated in the same manner as any other member of the committee, but shall run as a candidate for youth representative only.

             (5)  Where

             (a)  no candidates are nominated; or

             (b)  fewer candidates are nominated than there are members of the committee to be elected

council may appoint as many persons as are necessary to fill the vacancies.

             (6)  Where a member resigns, or a vacancy on the committee otherwise arises, a person who

             (a)  was a candidate at the last election for members of the committee; and

             (b)  received the highest number of votes among the candidates who were not elected

may fill the vacancy and be a member of the committee until the next election.

             (7)  Where the person referred to in subsection (6) refuses to fill the vacancy on the committee, council shall offer the place to the candidate who received the next highest number of votes among the candidates who were not elected until a candidate fills the vacancy and becomes a member of the committee until the next election.

             (8)  Where a vacancy cannot be filled by the procedure set out in subsection (6) or (7), council shall, on the recommendation of the committee, appoint another person as a member of the committee.

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Qualifications of committee members

        5. (1) A person who

             (a)  is less than 19 years of age;

             (b)  has been convicted of an offence involving alcohol under the Criminal Code, the Act or regulations made under the Act or another Act within the 3 years immediately preceding the election of the committee;

             (c)  is the subject of an interdiction order under section 81 of the Act, or an order of prohibition under subsection 131(1) of the Act; or

             (d)  holds or is an applicant for a licence granted under the Act

is not qualified to be nominated as a candidate in an election for membership in the committee or to be appointed by the council to the committee under subsection 4 (5) or 4(8).

             (2)  Notwithstanding paragraph (1)(a), a person seeking nomination as a youth representative shall be not less than 16 years of age and not more than 19 years of age but is otherwise subject to the requirements of subsection (1).

             (3)  Where a person who has been nominated as a candidate in an election for membership in the committee,

             (a)  is convicted of an offence involving alcohol under the Criminal Code , the Act or a regulation made under the Act or another Act;

             (b)  is the subject of an interdiction order under section 81 of the Act, or an order of prohibition under subsection 131(1) of the Act; or

             (c)  applies for or is issued a licence under the Act after being nominated but before the close of the poll, that person shall be considered to have withdrawn from the election and a vote cast in favour of that candidate shall be rejected and shall not be counted.

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Terms of committee

        6. The term of a member of the committee shall be 2 years.

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Resignation of member

        7. Notwithstanding section 6, a person who, while serving as a member of the committee

             (a)  is the subject of an interdiction order under section 81 of the Act, or an order of prohibition under subsection 131(1) of the Act;

             (b)  is convicted of an offence involving alcohol under the Criminal Code , the Act or regulations under the Act or another Act; or

             (c)  applies for, or is issued, a licence under the Act

is considered to have resigned from the committee.

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Officers

        8. (1) The committee shall elect from among its members a chairperson, a vice chairperson and a secretary.

             (2)  The chairperson is the head of the committee and shall

             (a)  preside over meetings of the committee;

             (b)  oversee generally the carrying out of the decisions and functions of the committee; and

             (c)  have those other powers that may be conferred on him or her by the rules of the committee made under section 13.

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Meetings

        9. (1) The committee may convene a special meeting whenever necessary, but shall meet at least 4 times a year.

             (2)  The chairperson, or where the chairperson is absent or unable to act, the vice-chairperson or secretary, may call a special meeting by giving 7 days notice in writing to each member of the committee of the time, date and place of the special meeting.

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Quorum

      10. A quorum of the committee shall consist of 4 members. 

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Voting procedures

      11. (1) Where a quorum exists, a decision of the committee shall be made by a majority vote of the members present.

             (2)  Each member of the committee shall have one vote, except the chairperson who may only vote in the event of a tie.

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Minutes of meetings

      12. The secretary shall keep minutes of all meetings and records of all decisions of the committee.

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Rule-making power

      13. The committee may make rules for its proceedings which are not inconsistent with the Act or these regulations.

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Mandate of committee

      14. The committee may

             (a)  provide programs to educate persons in the use of alcohol for the prevention of alcohol abuse;

             (b)  establish a counselling service for persons who abuse alcohol;

             (c)  promote programs for the prevention of alcohol abuse; and

             (d)  provide advice to council respecting

                      (i)  the issuance or renewal of a licence to sell liquor in the community;

                     (ii)  the passing of a resolution approving the cancellation of a licence to sell liquor in the community, and

                    (iii)  the passing of a resolution approving restrictions on or the prohibition of the possession, purchase, sale, consumption, making and transportation of liquor within the community

and before providing that advice to council, the committee may seek the views of the residents of the community on the matters referred to in subparagraphs (i), (ii) and (iii).

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Validation of committee actions

      15. An act done by the committee shall, notwithstanding that it is subsequently discovered that there was a defect in the election, appointment or qualification of a person purporting to be a member of the committee, be considered as valid as if that defect had not existed. 

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No liability

      16. No action lies or shall be commenced against a member of the committee or of a council or a person acting on behalf of the committee or council for any loss or damage suffered by a person because of anything in good faith done, authorized to be done or authorized to be omitted by any of them

             (a)  under or in the exercise of a power conferred by these regulations; or

             (b)  in the carrying out of any decision or order made under these regulations or any duty imposed by these regulations.

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Financial responsibility

      17. All costs and expenses respecting

             (a)  the election of members of the committee and procedures for filling vacancies on the committee;

             (b)  the operation of the committee;

             (c)  the implementation of the advice of the committee on a matter referred to in paragraph 14(d); and

             (d)  the establishment of the programs and services referred to in paragraphs 14(a), (b) and (c)

shall be the sole and exclusive responsibility of the community.