Town of Shoal Lake and the Rural Municipality of Shoal Lake Amalgamation Regulation

Town of Shoal Lake and the Rural Municipality of Shoal Lake Amalgamation Regulation, M.R. 65/2010 The Municipal Act , C.C.S.M. c. M225 Regulation 65/2010 Registered June 15, 2010 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 Election of members of council 7 Voters list 8 Appointment of senior election official 9 Election expenses and contributions 10 Filing of applications and nominations to register 11 Application 12 Term of office for members of first council 13 Extension of term of office of old councils 14 Dissolution of old councils 15 Limitation on powers of old councils 16 First meeting date and location 17 CAO appointed 18 By-laws and resolutions continued 19 Employees continued 20 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Municipal Act . («  Loi  ») "first council" means the council of the new municipality that consists of the members elected at the October 27, 2010 general election. (« premier conseil ») "former rural municipality" means the Rural Municipality of Shoal Lake. (« ancienne municipalité rurale ») "former town" means the Town of Shoal Lake. (« ancienne ville ») "municipal office" means the office located at 438 Station Road, Shoal Lake, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Shoal Lake that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the Rural Municipality of Shoal Lake and the council of the Town of Shoal Lake. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2011, the Rural Municipality of Shoal Lake and the Town of Shoal Lake are amalgamated to establish the Municipality of Shoal Lake. Boundaries 3 The new municipality consists of the following area: Townships 16, 17 and 18 - 23 and 24 WPM. Status of new municipality 4 The new municipality has the status of a rural municipality. FIRST COUNCIL Composition of first council 5 The first council of the new municipality is to be composed of a head of council and six councillors. ELECTION OF FIRST COUNCIL Election of members of council 6 The members of the first council of the new municipality are to be elected at the October 27, 2010 general election. Voters list 7 The voters list for the election of the first council is the voters list for the former rural municipality and the former town. Appointment of senior election official 8 The person who holds office as the senior election officer of the Rural Municipality of Shoal Lake is appointed as the senior election official for the election of the first council. Election expenses and contributions 9(1) The by-law of the former rural municipality passed under section 93.2 (by-law on expenses and contributions) of the Act applies in respect of the election of the first council. 9(2) If, before the coming into force of this regulation, (a) an individual is a registered candidate for an elected office on one of the old councils, the individual is deemed to be registered as a candidate for the same elected office on the new council; (b) a registered candidate has solicited or accepted a contribution, borrowed money or incurred an expense in respect of an election for an elected office on one of the old councils, the candidate is deemed to have done so in respect of being elected for the same elected office on the new council; and (c) an individual who made a contribution to a registered candidate for an elected office on one of the old councils is deemed to have made the contribution to the registered candidate in the election for the new council. Filing of applications and nominations to register 10 An individual who wishes to be registered or nominated as a candidate in the election for the new council must file his or her application or nomination with the senior election official at the municipal office. Application 11 Subject to sections 6 to 10, The Municipal Councils and School Boards Elections Act applies to the election of members of the first council. TRANSITION PROVISIONS Term of office for members of first council 12 The term of office of the members of the first council commences on January 1, 2011 and ends at 12 noon on the day following the next general election. Extension of term of office of old councils 13 The term of office of a member of an old council who holds office on October 26, 2010 is extended until December 31, 2010, without the member being re-elected at the general election held on October 27, 2010. Dissolution of old councils 14 The old councils are dissolved on December 31, 2010. Limitation on powers of old councils 15 During the period commencing at 12 noon on October 28, 2010 and ending on December 31, 2010, the old councils may not (a) spend money except as authorized in their respective 2010 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 town or the old councils after January 1, 2011, or that is binding on the successor new municipality or its council. First meeting date and location 16 The first meeting of the first council must be held before February 1, 2011. The chief administrative officer of the new municipality must call the first meeting, and in doing so, may fix the date, time and place of the meeting. CAO appointed 17 The person who, on December 31, 2010, holds office as chief administrative officer of the former rural municipality is continued as chief administrative officer of the new municipality. By-laws and resolutions continued 18 The by-laws and resolutions of the former rural municipality and the former town are continued as by-laws and resolutions of the new municipality, and in case of a conflict between them, the by-laws and resolutions of the former rural municipality apply. Employees continued 19 A person who, on December 31, 2010, is employed by the former rural municipality or the former town is, as of January 1, 2011, continued as an employee of the new municipality. COMING INTO FORCE Coming into force 20 This regulation comes into force on the day it is registered.