Rural Municipality of Ethelbert and Village of Ethelbert Amalgamation Regulation
This regulation amalgamates the Rural Municipality of Ethelbert and the Village of Ethelbert into the Municipality of Ethelbert, sets transition rules for council, staff, bylaws, and tax rates, and requires the new CAO to call the first meeting by January 31, 2015.
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- Canada — Manitoba
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- Regulation
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- en
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Provisions of Rural Municipality of Ethelbert and Village of Ethelbert Amalgamation Regulation
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Rural Municipality of Ethelbert and Village of Ethelbert Amalgamation Regulation
AI-assisted research summary: This regulation amalgamates the Rural Municipality of Ethelbert and the Village of Ethelbert into the Municipality of Ethelbert, sets transition rules for council, staff, bylaws, and tax rates, and requires the new CAO to call the first meeting by January 31, 2015.
Rural Municipality of Ethelbert and Village of Ethelbert Amalgamation Regulation, M.R. 20/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 20/2014 Registered February 3, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 New municipality established 3 Boundaries 4 Status of new municipality 5 Composition of first council 6 Voters list 7 Appointment of senior election official 8 Election expenses and contributions by-law 9 Application 10 Term of office for members of first council 11 Extension of term of office of old councils 12 Dissolution of old councils 13 Limitation on powers of old councils 14 First meeting date and location 15 CAO appointed 16 Transitional: designated officer position of CFO established 17 By-laws and resolutions continued 18 Employees continued 19 Differential mill rates authorized 20 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "first council" means the council of the new municipality that consists of the members elected at the October 22, 2014 general election. (« premier conseil ») "former rural municipality" means the Rural Municipality of Ethelbert. (« ancienne municipalité rurale ») "former village" means the Village of Ethelbert. (« ancien village ») "municipal office" means the office located at 56 Second Avenue, Ethelbert, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Ethelbert that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former rural municipality and the council of the former village. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Rural Municipality of Ethelbert and the Village of Ethelbert are amalgamated to establish the Municipality of Ethelbert. Boundaries 3 The new municipality consists of the following area: Townships 28 to 31 - 21, 22 and 23 WPM. Status of new municipality 4 The new municipality has the status of a rural municipality. COUNCIL Composition of first council 5(1) The first council is to be composed of a head of council and four councillors. Election of members of council 5(2) Each member of the first council is to be elected at the October 22, 2014 general election by a vote of the voters of the whole new municipality. Voters list 6 The voters list for the election of the first council is the voters list for the former rural municipality and the former village. Appointment of senior election official 7 The person who holds office as the senior election official of the former village is appointed as the senior election official for the election of the first council. Election expenses and contributions by-law 8 The by-law of the former rural municipality passed under section 93.2 (by-law on expenses and contributions) of The Municipal Act applies in respect of the election of the first council. Application 9 Subject to sections 6 to 8, The Municipal Councils and School Boards Elections Act applies to the election of members of the first council. Term of office for members of first council 10 The term of office of the members of the first council commences on January 1, 2015 and ends at 12 noon on the day following the next general election. Extension of term of office of old councils 11 The term of office of the members of the old councils who hold office on October 21, 2014 is extended until December 31, 2014, without the members being re-elected at the general election held on October 22, 2014. Dissolution of old councils 12 The old councils are dissolved on December 31, 2014. Limitation on powers of old councils 13 During the period commencing at 12 noon on October 23, 2014 and ending on December 31, 2014, the old councils may not (a) spend money except as authorized in their respective 2014 financial plans, unless the expenditure is approved in writing in advance by the minister or minister's delegate; or (b) enter into a contract or agreement that binds the former rural municipality, the former village or the old councils after January 1, 2015, or that is binding on the successor new municipality or its council. First meeting date and location 14 The chief administrative officer of the new municipality must call the first meeting before January 31, 2015, and in doing so may fix the date, time and place of the meeting. CAO appointed 15(1) The person who, on December 31, 2014, holds office as chief administrative officer of the former rural municipality is continued as chief administrative officer of the new municipality. Transitional: designated officer position of CFO established 16(1) On the coming into force of this regulation, (a) the new municipality is deemed to have established by by-law the position of chief financial officer; and (b) the person who, on December 31, 2014, holds office as chief administrative officer of the former village is appointed as the chief financial officer of the new municipality. Position may be revoked or amended by by-law 16(2) The by-law that is deemed to establish the position of chief financial officer continues in force until the council of the new municipality passes a by-law that revokes the position or amends its title. By-laws and resolutions continued 17 The by-laws and resolutions of the former rural municipality and the former village are continued as by-laws and resolutions of the new municipality, and in case of a conflict between them, the most recently passed by-law or resolution applies. Employees continued 18 A person who, on December 31, 2014, is employed by the former rural municipality or the former village is, as of January 1, 2015, continued as an employee of the new municipality. Differential mill rates authorized 19 The council of the new municipality is hereby authorized to set and impose different rates of tax in the areas of the former rural municipality and the former village under section 304 of The Municipal Act for the years 2015 to 2024. For certainty, the difference in the services provided by the new municipality in the areas of the former rural municipality and the former village must generally be reflected in the different rates of taxes imposed in those areas. M.R. 145/2022 COMING INTO FORCE Coming into force 20 This regulation comes into force on the day it is registered under The Regulations Act .
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