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NEWFOUNDLAND

AND

LABRADOR

REGULATION 27/06

Hopedale Alcohol Committee Regulations

under the

Liquor Control Act

( O.C

. 2006-067)

Amended by:

117/07

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. Johns

February 28, 2006

Robert C. Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Committee established

Election of committee

Qualifications of committee members

Term of committee

Resignation of member

Officers

Meetings

Quorum

Voting procedures

Minutes of meetings

Rule-making power

Mandate of committee

Validation of committee actions

No liability

Financial responsibility

Short title

These regulations may be cited

as the Hopedale Alcohol Committee Regulations

27/06 s1

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Definitions

In these regulations

(a)

"Act" means the Liquor Control Act

(b)

" committee

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

(b.1)

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

(c)

" 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 Hopedale;

(d)

[Rep. by 117/07 s1]

(e)

" youth

representative" means a resident of the community who is 16 years of age or more but under 19 years of age.

27/06 s2 ; 117/07 s1

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Committee established

(1) The

community 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 community 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.

27/06 s3 ; 117/07 s2

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Election of committee

(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) 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.

27/06 s4

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Qualifications of committee members

(1)A person who

(

a) 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) 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

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) 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.

27/06 s5

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Term of committee

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

27/06 s6

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Resignation of member

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) 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.

27/06 s7

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Officers

(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.

27/06 s8

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Meetings

(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.

27/06 s9

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Quorum

A quorum of the committee shall consist of 3

members.

27/06 s10

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Voting procedures

(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.

27/06 s11

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Minutes of meetings

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

27/06 s12

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Rule-making power

The committee may make rules for its proceedings which

are not inconsistent with the Act or these regulations.

27/06 s13

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Mandate of committee

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

prior to providing such 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).

27/06 s14 ; 117/07 s3

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Validation of committee actions

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.

27/06 s15

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No liability

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

27/06 s16

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Financial responsibility

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.

27/06 s17 ; 117/07 s4

Earl G. Tucker, Queen's Printer