Rural Municipality of Shellmouth-Boulton and Rural Municipality of Silver Creek Amalgamation Regulation

Rural Municipality of Shellmouth-Boulton and Rural Municipality of Silver Creek Amalgamation Regulation, M.R. 22/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 22/2014 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 By-laws and resolutions continued 17 Employees continued 17.1 Differential mill rates authorized 18 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 municipalities" means the Rural Municipality of Shellmouth-Boulton and the Rural Municipality of Silver Creek. (« anciennes municipalités ») "municipal office" means the office located at 118 Main Street, Inglis, Manitoba. (« bureau municipal ») "new municipality" means the Rural Municipality of Riding Mountain West that is established under section 2. (« nouvelle municipalité ») "old councils" means the councils of the former municipalities. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Rural Municipality of Shellmouth-Boulton and the Rural Municipality of Silver Creek are amalgamated to establish the Rural Municipality of Riding Mountain West. Boundaries 3 The new municipality consists of the following area: Townships 22, 23 and 24 - 26 to 29 WPM and Townships 19, 20 and 21 - 26 and 27 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 eight councillors. Election of members of council 5(2) The members of the first council are to be elected at the October 22, 2014 general election. Election of councillors on basis of wards 5(3) The councillors of the new municipality are to be elected on the basis of one councillor from each of the following wards: Ward 1 Township 19 - 26 and 27 WPM; Sections 1 to 6 Township 20 - 26 and 27 WPM. Ward 2 Sections 7 to 36 Township 20 - 26 WPM; Township 21 - 26 WPM. Ward 3 Sections 7 to 36 Township 20 - 27 WPM; Township 21 - 27 WPM. Ward 4 Township 22 - 26 and 27 WPM; E ½ Township 22 - 28 WPM; S ½ Township 23 - 26 and 27 WPM; Sections 1 and 2 Township 23 - 28 WPM. Ward 5 W ½ of Township 22 - 28 WPM; Township 22 - 29 WPM; Sections 3 to 10 and 15 to 18 Township 23 - 28 WPM. Ward 6 Township 23 - 29 WPM; all that portion of Township 24 - 29 WPM located west of Lake of the Prairies. Ward 7 Sections 19 to 21 and 28 to 33 Township 23 - 27 WPM; W ½ of Township 24 - 27 WPM; Sections 11 to 14 and 19 to 36 Township 23 - 28 WPM; Township 24 - 28 WPM; all that portion of Township 24 -29 WPM located East of Lake of the Prairies. Ward 8 N ½ Township 23 - 26 WPM; Township 24 - 26 WPM; Sections 22 to 27 and 34 to 36 Township 23 - 27 WPM; E ½ Township 24 - 27 WPM. After 2014 general election 5(4) The number of councillors and the wards prescribed in this section are effective for the 2014 general election. For the following general election and after that, unless otherwise provided by by-law of the new municipality, (a) the council of the new municipality is to be composed of a head of council and eight councillors; and (b) each member of a council is to be elected 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 municipalities. Appointment of senior election official 7 The person who holds office as the senior election official of the Rural Municipality of Shellmouth-Boulton 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 Rural Municipality of Shellmouth-Boulton 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 municipalities 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(1) The first meeting of the first council is to be held on January 14, 2015, 9:00 a.m. at the municipal office. Alternative time for first meeting if required 14(2) If the first meeting does not occur as specified in subsection (1) then 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 The person who, on December 31, 2014, holds office as chief administrative officer of the Rural Municipality of Shellmouth-Boulton is continued as chief administrative officer of the new municipality. By-laws and resolutions continued 16 The by-laws and resolutions of the former municipalities 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 17 A person who, on December 31, 2014, is employed by the former municipalities is, as of January 1, 2015, continued as an employee of the new municipality. DIFFERENTIAL MILL RATES Differential mill rates authorized 17.1 The council of the new municipality is hereby authorized to set and impose different rates of tax in the areas of the former municipalities under section 304 of The Municipal Act for the years 2015 to 2022. For certainty, the difference in the services provided by the new municipality in the areas of the former municipalities must generally be reflected in the different rates of taxes imposed in those areas. M.R. 34/2015 COMING INTO FORCE Coming into force 18 This regulation comes into force on the day it is registered under The Regulations Act .