Rural Municipality of Ochre River and Rural Municipality of Lawrence Amalgamation Regulation

Rural Municipality of Ochre River and Rural Municipality of Lawrence Amalgamation Regulation, M.R. 31/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 31/2014 Registered February 7, 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 18 Differential mill rates authorized 19 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 Ochre River and the Rural Municipality of Lawrence. (« anciennes municipalités ») "municipal office" means the office located at 206 MacKenzie Avenue, Ochre River, Manitoba. (« bureau municipal ») "new municipality" means the Rural Municipality of Lakeshore 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 Ochre River and the Rural Municipality of Lawrence are amalgamated to establish the Rural Municipality of Lakeshore. Boundaries 3 The new municipality consists of the following area: All those portions of Townships 25 to 29 - 16 WPM, 27 and 28 - 17 WPM, and 28 - 18 WPM, all lying East of Dauphin Lake; Sections 25 to 36 in Township 25 - 15 WPM; and Townships 26 to 29 - 15 WPM. Sections 6, 7, 18 and 19 in Township 25 - 15 WPM; and all or Frac Townships 22 to 25 - 16 and 17 WPM Exc Frac Sections 18, 19, 30 and 31 in Township 25 - 17 WPM, Exc Section 36 in Township 25 - 16 WPM, and Exc Sections 1, 12, 13, 24, 25 and 36 in Townships 22, 23 and 24 - 16 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 29 - 15 and 16 WPM. Ward 2 Sections 3 to 10, 15 to 22 and 27 to 34 Township 28 - 16 WPM; all those portions of Sections 15 to 22 and 27 to 36 Township 27 - 16 WPM, Township 27 - 17 WPM, Township 28 - 17 WPM, and 28 - 18 WPM located North and East of Dauphin Lake. Ward 3 Townships 27 and 28 - 15 WPM; Sections 13, 14, 23 to 26, 35 and 36 Township 27 - 16 WPM; Sections 13, 14, 23 to 26, 35 and 36 Township 28 - 16 WPM. Ward 4 Township 26 - 15 WPM; all those portions of Sections 25 to 36 Township 25 - 15 WPM, Section 36 Township 25 - 16 WPM, and Township 26 - 16 WPM located North and East of Dauphin Lake. Ward 5 All those portions of Sections 31 to 34 Township 24 - 17 WPM and Sections 2 to 7 Township 25 - 17 WPM located South and West of Dauphin Lake. Ward 6 All those portions of Sections 1 to 30 Township 24 - 17 WPM, Sections 2 to 11, 14 to 23 and 26 to 35 Township 24 - 16 WPM, Sections 1, 2, 12 and 13 Township 25 - 16 WPM and Sections 6, 7, 18 and 19 Township 25 - 15 WPM located South and East of Dauphin Lake, excepting the LUD of Ochre River. Ward 7 Sections 19 to 21 and 28 to 33 Township 22 - 17 WPM; Sections 3 to 10, 15 to 22 and 27 to 34 Township 23 - 17 WPM. LUD of Ochre River, as prescribed in the Local Urban Districts Regulation , Manitoba Regulation 174/99. Ward 8 Sections 2 to 11, 14 to 23 and 25 to 35 Township 22 - 16 WPM; Sections 1, 12 to 15, 22 to 27 and 34 to 36 Township 22 - 17 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 Ochre River 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 Ochre River 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 13, 2015 at 7:00 p.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 head of council of the new municipality must call the first meeting on or before January 16, 2015, and in doing so may fix the date, time and place of the meeting. Appointment of CAO 15 At its first meeting, the first council must appoint a person as the chief administrative officer of the new municipality or, pending such an appointment, designate a person as acting chief administrative officer. 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 authorized 18 The first council 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 2018. 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. COMING INTO FORCE Coming into force 19 This regulation comes into force on the day it is registered under The Regulations Act .