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Newfoundland and Labrador
Regulation 2006


NEWFOUNDLAND AND LABRADOR REGULATION 27/06

NEWFOUNDLAND AND LABRADOR
REGULATION 27/06

Hopedale Alcohol Committee Regulations
under the
Liquor Control Act
(O.C. 2006-067)

(Filed March 6, 2006)

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, February 28, 2006.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Committee established

        4.   Election of committee

        5.   Qualifications of committee members

        6.   Term of committee

        7.   Resignation of member

        8.   Officers

        9.   Meetings

      10.   Quorum

      11.   Voting procedures

      12.   Minutes of meetings

      13.   Rule-making power

      14.   Mandate of committee

      15.   Validation of committee actions

      16.   No liability

      17.   Financial responsibility


Short title

        1. These regulations may be cited as the Hopedale Alcohol Committee Regulations.

Definitions

        2. In these regulations

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

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

             (c)  "council" means the council of the municipality of Hopedale;

             (d)  "municipality" means the town of Hopedale; and

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

Committee established

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

             (2)  The alcohol committee established by the municipality prior to the coming into force of these regulations shall be continued as the committee for the purposes of these regulations until an election is held under section 4.

             (3)  An election to elect the committee shall be held within 12 months after the day these regulations come into force.

Election of committee

        4. (1) The committee shall consist of 7 members, one of which shall 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 such necessary modifications as 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.

Qualifications of committee members

        5. (1) A person who

             (a)  is less than 19 years of age; or

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

             (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 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, including nomination as a youth representative,

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

             (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.

Term of committee

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

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

shall be considered to have resigned from the committee.

Officers

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

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

             (a)  preside over the 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.

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.

Quorum

      10. A quorum of the committee shall consist of 3 members.

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.

Minutes of meetings

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

Rule-making power

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

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 municipality,

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

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

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.

No liability

      16. No action lies or shall be commenced against a member of the committee or of 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.

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 municipality.