An Act to provide for Plebiscites on Questions relating to the Control or Suppression of Traffic in Alcoholic Liquors.

H

[Assented to 21st December, 1923.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the " Liquor-control Plebiscites Act." Short title.

2. In this Act, unless the context otherwise requires:-
"Electoral district" means any electoral district in the Prov-
ince entitled to return a member or members to serve in the
Legislature:

"Electors," in respect of any plebiscite under this Act, means.

all persons whose names appear on the lists of voters which
would be used for the taking of the votes at a general elec-
tion of members to serve in the Legislature if such election
were being held at the time fixed for the taking of the
plebiscite :

"Provincial Secretary" includes the Deputy Provincial Sec

retary.

Interpretation.

questions to

3. (1.) The Lieutenant-Govermnor in Council shall submit to a Power to submit vote of the electors the following question and on a ballot in the electors. following form:

14

Do you approve of the sale of beer by the glass in licensed premises without a bar under Government control and regulation?

Yes.

Fixing of dates and issuance of writs.

Issue of writs.

Publication of notice in Gazette.

No.

(If you approve, mark an X in the square opposite the word "Yes.' If you do not approve, mark an X in the square opposite the word "No.")

and the Lieutenant-Governor in Council may at the same time or at any subsequent time submit to a vote of the electors any question relating to the control or suppression of traffic in alcoholic liquors.

(2.) The Lieutenant-Governor in Council may at any time subsequent to the taking of the general vote of the electors on the question set out in the form of ballot contained in this section, and from time to time, submit to a vote of the electors of any polling division the said question on a ballot in the said form, and may at any time submit to a vote of the electors of any polling division any other question relating to the control or suppression of traffic in alcoholic liquors, and the provisions of this Act shall apply, mutatis mutandis, to the taking of the vote.

4. The Lieutenant-Governor in Council shall in each case fix by Proclamation the date for taking the vote, and shall order the issue of writs in His Majesty's name for taking the vote, and shall determine the form of the writs, and shall fix the date for the return of the writs.

5. The writs shall be addressed by the Provincial Secretary to the Returning Officers for the several electoral districts in the Province who shall be appointed by the Lieutenant-Governor in Council. The writs shall be forwarded to the Returning Officers by mail or otherwise, and the Provincial Secretary shall cause to be attached to each writ a copy of the question upon which the vote is to be taken.

6. The Provincial Secretary shall forthwith upon the issue of the writs publish in the Gazette a notice of the issue of the same and a copy of the question upon which the vote is to be taken.

Officers.

7. (1.) The Returning Officer for each electoral district shall Duties of Returning forthwith after receipt of the writ addressed to him cause a proclamation under his hand to be made, giving notice of its receipt, and particulars of the writ, and of the place, day, and hours at which a poll shall be open and closed in each polling division for taking and receiving the votes of the electors, and the proclamation shall be published by him in one or more newspapers published or circulating in the electoral district, and by printed bills posted up in public places in the electoral district.

(2.) Subject to this Act and to the regulations, every Returning Officer shall forthwith after the receipt by him of the writ take all steps as are necessary to be taken on his part to carry the writ into effect.

Provincial to apply.

8. For the purposes of executing the writs and the taking of a Provisions of vote under this Act, all the provisions of the "Provincial Elections Elections Act" Act" respecting the election of members of the Legislature shall, subject to the provisions of this Act and the regulations, apply, mutatis mutandis, to the conduct of all proceedings, and with respect to the powers to be exercised, and the duties to be performed by, and the rights, obligations, liabilities, qualifications, and disqualifications of electors, officers, and other persons, and with respect to the offences and the penalties which may be incurred.

9. Each elector shall vote only once. The voting shall be by Method of voting. ballot, and each voter shall indicate his vote by marking it on the ballot-paper in accordance with the directions given thereon.

10. The Lieutenant-Governor in Council shall determine the form Ballots and forms. of the ballot-papers to be used in the taking of the vote, and the Provincial Secretary shall forward the ballot-papers, with the writs and such forms, notices, and instructions as may be prescribed by the regulations, to the Returning Officers in sufficient number for each electoral district.

11. The result of the poll in each polling division shall be ascer- Counting of ballots. tained by scrutiny to be conducted by the Presiding Officer in the presence and subject to the inspection of such agents and scrutineers as are by regulation provided and as are present. The scrutiny shall commence as soon as practicable after the closing of the poll, and on completion of the scrutiny the Presiding Officer shall prepare a statement of the poll and forward it to the Returning Officer.

by Returning

12. (1.) Upon the completion of the final count, the Returning Statements of poll Officer shall endorse on the writ a statement certifying in relatiou Officer. to the votes polled in his electoral district :—

(a.) The number of votes given in the affirmative and in the
negative respectively in respect of the question:

Publication of results in Gazette.

Punishment of offences.

Payment of expenses.

General power of
Lieut.-Governor in
Council to make
regulations.

(b.) The number of ballot-papers rejected as spoiled:
(c.) The number of unused ballot-papers;

and shall, within ten days after the holding of the vote, transmit the
writ so endorsed, together with all sealed packets of ballots, to the
Provincial Secretary.

(2.) In respect of the vote taken on the question set out in the form of ballot contained in section 3, the Returning Officer shall, along with the return of the writ, furnish to the Provincial Secretary a certificate showing the number of votes given in the affirmative and in the negative respectively in each polling division throughout the electoral district.

13. The Provincial Secretary shall prepare from the returns endorsed on the writs so returned to him a statement of the total number of votes in the affirmative and the total number of votes in the negative, and of the number of ballots rejected as spoiled, and shall publish a copy of the statement in the Gazette within thirty days after the taking of the votes.

14. Any act done in relation to or connected with any of the proceedings under this Act which is of a like character to any act made punishable when done in relation to or connected with any of the proceedings of the "Provincial Elections Act" shall be an offence against this Act, and also against the "Provincial Elections Act," and shall be punishable in the same manner and to the same extent as the corresponding offence would be punishable under the "Provincial Elections Act."

15. (1.) All necessary expenses incurred in or about the taking of any vote pursuant to this Act, or otherwise in the execution of the provisions of this Act, and all expenses consequent thereupon, including the compensation (if any) of Returning Officers, deputies, officials, and clerks, shall be paid by the Liquor Control Board, and, for the purpose of payment, shall be deemed expenditures incurred in the administration of the "Government Liquor Act."

(2.) All accounts for services and expenses payable under this section shall be rendered in duplicate, duly certified to, and accompanied by satisfactory vouchers showing disbursements made (if any), and shall be forwarded to the Provincial Secretary, who shall determine the sums to be allowed and paid, subject to any regulations made by the Lieutenant-Governor in Council.

16. (1.) The Lieutenant-Governor in Council may from time to time make all regulations necessary or expedient for the effectual carrying out of this Act and of the proceedings had thereunder, and for the adapting to this Act of the provisions of the "Provincial Elections Act."