Acts and Regulations

2017, c.18 - Local Governance Act

Section 174
Disposition versions

Full text
Authorization for operating a retail business on the weekly day of rest
Repealed: 2021, c.44, s.4
2019, c.12, s.19; 2021, c.44, s.4
174Repealed: 2021, c.44, s.4
2019, c.12, s.19; 2021, c.44, s.4
Authorization for operating a retail business on the weekly day of rest
2019, c.12, s.19
174(1)In this section “weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.
174(2)Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(3)A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(4)If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposal.
174(5)After being petitioned under subsection (2) or after receiving a recommendation under subsection (3), the Minister may issue a permit authorizing the operation of a retail business on the weekly day of rest in the local service district, subject to any conditions that the Minister considers appropriate and, in determining whether to issue the permit, the Minister shall consider,
(a) if the local service district has an advisory committee, the committee’s recommendation, and
(b) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).
174(6)The Minister may amend, suspend or revoke a permit issued under subsection (5) only after being petitioned under subsection (2) or after receiving a recommendation under subsection (3).
174(7)If the Minister receives a petition under subsection (2) and a meeting is called under subsection (4), or if the Minister receives a recommendation under subsection (3), the Minister shall not receive another petition or recommendation dealing with the same matter in the local service district for a period of one year after the date of the original petition or recommendation.
174(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
174(9)A person who violates or fails to comply with a condition imposed under subsection (5) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
2019, c.12, s.19
Authorization for operating a retail business on the weekly day of rest
174(1)In this section “weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.
174(2)Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(3)A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(4)If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposal.
174(5)After being petitioned under subsection (2) or after receiving a recommendation under subsection (3), the Minister may issue a permit authorizing the operation of a retail business on the weekly day of rest in the local service district, subject to any conditions that the Minister considers appropriate and, in determining whether to issue the permit, the Minister shall consider,
(a) if the local service district has an advisory committee, the committee’s recommendation, and
(b) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).
174(6)The Minister may amend, suspend or revoke a permit issued under subsection (5) only after being petitioned under subsection (2) or after receiving a recommendation under subsection (3).
174(7)If the Minister receives a petition under subsection (2) and a meeting is called under subsection (4), or if the Minister receives a recommendation under subsection (3), the Minister shall not receive another petition or recommendation dealing with the same matter in the local service district for a period of one year after the date of the original petition or recommendation.
174(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
174(9)A person who violates or fails to comply with a condition imposed under subsection (5) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
Authorization for operating a retail business on the weekly day of rest
174(1)In this section “weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.
174(2)Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(3)A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she authorize the operation of retail businesses on the weekly day of rest in the local service district.
174(4)If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposal.
174(5)After being petitioned under subsection (2) or after receiving a recommendation under subsection (3), the Minister may issue a permit authorizing the operation of a retail business on the weekly day of rest in the local service district, subject to any conditions that the Minister considers appropriate and, in determining whether to issue the permit, the Minister shall consider,
(a) if the local service district has an advisory committee, the committee’s recommendation, and
(b) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).
174(6)The Minister may amend, suspend or revoke a permit issued under subsection (5) only after being petitioned under subsection (2) or after receiving a recommendation under subsection (3).
174(7)If the Minister receives a petition under subsection (2) and a meeting is called under subsection (4), or if the Minister receives a recommendation under subsection (3), the Minister shall not receive another petition or recommendation dealing with the same matter in the local service district for a period of one year after the date of the original petition or recommendation.
174(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
174(9)A person who violates or fails to comply with a condition imposed under subsection (5) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.