Thank you, Mr. Speaker. I have a report on Tabled Document 100-12(2) from the Standing Committee on Legislation.
During the Second Session of the 12th Assembly, Mr. Brian Lewis, M.L.A. for Yellowknife Centre, introduced Bill 26, a private Member's bill, that would have amended the Liquor Act to allow the establishment of commercial breweries in the Northwest Territories.
At public hearings held on May 26, 1992, the Standing Committee on Legislation identified a number of problems with the Bill. A revised version was received late in the 2nd Session. At a subsequent meeting in September of 1992, the standing committee encouraged responses to re-introduce the revised bill at the November sitting.
In order to allow the standing committee to conduct a public review of the proposed legislative content prior to November, Mr. Lewis drafted, or tabled a draft of the revised bill on September 29, 1992. This was referred to the Standing Committee on Legislation by a formal motion of the House on October 1, 1992.
The Standing Committee on Legislation held public hearings on Tabled Document 100-12(2) on October 22, 1992. The standing committee would like to thank the following individuals for appearing as witnesses at the public hearings; Mr. Brian Lewis, Ms. Virginia Schuler, Mr. Paul Craig, Ms. Emerald Murphy from the Department of Safety and Public Services, Mr. John Donihee, Department of Justice, Mr. Victor MacIntosh and Mr. Doug Strater of the Pilot's Monumental Historic Arctic Brewing Company.
The Standing Committee on Legislation raised a number of points with the bill's sponsor and the other witnesses during the October 22 review. While most of the concerns raised by the standing committee in May had been addressed, there were a number of significant issues which the committee considered as outstanding.
A clearer definition of the affected community. The proposed legislation includes a local option procedure which would make it necessary for the Liquor Licensing Board to ascertain the views of the community most closely affected by the Brewery Permit Application.
In order for a permit to be issued, the local government would have to pass a resolution supporting the application. The standing committee asked the sponsor to review this proposed section and to ensure that procedures are in place which allow the board to ascertain the views of both the band council and the municipal council in communities where they co-exist.
Also to address the case in which neighbouring communities exist which may be closely affected by the establishment of a brewery.
The coming into force provisions, the standing committee noted that the proposed bill presented in Tabled Document 100-12(2) contained no provision as to when it should come into force. As such, the bill would come into force upon ascent. Recognizing that some time would be necessary for government departments to develop regulations and guidelines, the committee suggested that the sponsor should include a specific coming into force provision when he introduces his private Member's bill.
The clarification of a brew pub concept:
1. The proposed legislation would allow a holder of a brewery permit to apply to the Liquor Licensing Board for a licence to operate a brew pub in which products from the brewery could be sold. The standing committee asked the sponsor to provide additional clarification in its proposed legislation with regard to whether holders of brew pub licences would be able to also apply for other classes of licences for the same premises;
For instance, would a brew pub also be licensed as a cocktail lounge which would enable the licensee to sell products other than those manufactured under the licensee's brewery permit;
2. How a brew pub would be classified with respect to the statutory hierarchy of privileges deemed to exist under subsection 43.(2) of the Liquor Act. This could have particular significance with respect to the operation of local options including the holding of plebiscites.
For public information, the standing committee was concerned that there might be some potential for this amendment to be misconstrued in certain quarters as carrying implications for the illegal manufacture of home brewed alcohol.
The sponsor and the relevant government departments or agencies would be encouraged to ensure that any public information about the proposed legislation should draw a clear distinction between the manufacture of beer under brewery permits and the unlawful preparation of beverage alcohol.
A brief comment about further stages in the consideration of this legislation may be helpful. With this report, the Standing Committee on Legislation has concluded its review of Tabled Document 100-12(2).
Should the sponsor now wish to proceed with this legislative initiative, the next step would be to introduce it as a private member's public bill. The bill would be considered at first and second reading according to the rules of the Legislative Assembly.
If the bill receives second reading, it would be automatically referred back to the Standing Committee on Legislation for review. Given that the standing committee has already considered the content in some detail in its current form as a tabled document, it might be anticipated that committee review would not be prolonged. However, at that time, Members of the standing committee will be interested in examining whether matters outlined in this report have been adequately addressed.
Upon completion of its review process, the standing committee would then refer the bill for consideration by the House in the Committee of the Whole. Subsequent stages of passage would be third reading, and assent by the Commissioner of the Northwest Territories. Thank you, Mr. Speaker.