The Rural Municipality of Gimli and The Town Of Gimli Annexation Regulation

The Rural Municipality of Gimli and The Town Of Gimli Annexation Regulation, M.R. 132/2002 The Municipal Act , C.C.S.M. c. M225 Regulation 132/2002 Registered August 9, 2002 bilingual version (HTML) PART 1 DEFINITIONS Definitions 1 In this regulation, "Act" means The Municipal Act ; («  Loi  ») "first council" means the council of the rural municipality consisting of the members elected at the October 23, 2002 general election; (« premier conseil ») "former municipality" means the Rural Municipality of Gimli as it was immediately before the coming into force of section 3; (« ancienne municipalité ») "LUD committee" means the committee of the Local Urban District of Gimli; (« comité du D.U.L. ») "LUD of Gimli" means the Local Urban District of Gimli as it is established under subsection 4(1); (« D.U.L. de Gimli ») "rural municipality" means the Rural Municipality of Gimli as it is continued under section 3; (« municipalité rurale ») "town" means The Town of Gimli as it was immediately before the coming into force of section 2; (« ville ») "transition period" means the period October 24, 2002 to January 1, 2003. (« période de transition ») PART 2 DISSOLUTION OF TOWN AND RELATED MATTERS Dissolution of town and council of town 2(1) The town and the council of the town are dissolved. 2(2) On the dissolution of the town, (a) all of its rights, property, debts, obligations and liabilities are transferred and vest in and belong to the rural municipality, and the town ceases to have any jurisdiction or interest in them; and (b) all the employees of the town are transferred to the rural municipality and their employment is deemed to be continuous despite their being transferred. 2(3) The rural municipality is the successor employer of the employees transferred to it, and every employee who is not represented by a bargaining agent at the time of the transfer or after is deemed to be employed by, and his or her employment contract assigned to, the rural municipality without any loss of the rights, privileges and obligations conferred upon or enjoyed by the employee before he or she was transferred. Rural municipality continued 3 The rural municipality is continued and its boundaries are as follows: Townships 18, 19, 20 and S½ 21–4 EPM; East halves of Townships 18, 19 and 20–3 EPM; and Sections 1 to 3 and 10 to 15 in Township 21–3 EPM (Exc the Town of Winnipeg Beach). Establishment and dissolution of LUD of Gimli 4(1) The LUD of Gimli is established and its boundaries are as follows: In the RM of Gimli in Township 19–4 EPM all that portion of Section 16 not covered by the waters of Lake Winnipeg, all that portion of the NE ¼ of Section 17 which lies West of the Ely 100 feet thereof and which lies South of the Canadian Pacific Rly Plan 4313 WLTO, all that portion of the Ely 100 feet of said NE ¼ of Section 17 which lies south of a straight line drawn Ely at right angles to the Western limit of said Ely 100 feet from the point of intersection of said Western limit with the Swly limit of said Rly Plan 4313, all those portions of the NW ¼ of said Section 17 which are contained within the limits of Blocks 9 and 10 and Solvin Road as same are shown on Plan 13729 WLTO, all that portion of said NE ¼ of Section 17 which lies North of said Rly Plan 4313 contained within the limits of said Solvin Road, and all that portion of N ½ of said Section 17 contained within the limits of said Rly Plan 4313 which lies between the straight productions Sly of the Western limit of said Block 10 and the Eastern limit of said Solvin Road. 4(2) The LUD of Gimli is dissolved on October 26, 2006, unless the first council has, before March 31, 2006, (a) consulted with the LUD committee or received an application by the LUD committee under subsection 65(1) of the Act that the LUD of Gimli be continued, with or without changes; (b) completed a review of the LUD of Gimli and prepared a report respecting it, including (i) appropriate boundaries for the LUD, and (ii) alternative service delivery options; (c) given notice of and held a public hearing in respect of the report prepared under clause (b); and (d) made an application for the continuation of the LUD of Gimli, with or without changes, to The Municipal Board. 4(3) An application under clause (2)⁠(d) is deemed to be a referral to The Municipal Board under section 60 of the Act. First meetings date and location 5 The initial meetings of the first council and of the LUD committee must take place on or before January 20, 2003, at the place of the last meeting of the council of the former municipality. CAO appointed 6 Joann King is appointed as chief administrative officer of the rural municipality until the first council appoints a chief administrative officer. By-laws and resolutions continued 7 Until they are amended or repealed, the by-laws and resolutions of the town are continued as by-laws and resolutions of the rural municipality, but if there is an inconsistency between the by-laws or resolutions of the town and of the former municipality, to the extent of that inconsistency the by-law or resolution of the former municipality apply. PART 3 ELECTIONS Application 8 Subject to the provisions of this Part, The Local Authorities Elections Act applies. Election of first council and committee 9(1) The members of the first council and the elected members of the LUD committee are to be elected at the October 23, 2002 general election. 9(2) The first council of the rural municipality consists of a head of council and four councillors elected at large. 9(3) The LUD committee is to be composed of a councillor appointed by the first council and two members elected at large by the electors of the LUD. Appointment of election officers 10 The election officials for the election of the first council and the committee are: (a) Georgia Clarkson — returning officer; (b) Bridget Gottfried — enumerator; (c) Karen Onofreychuk — revising officer. Filing of nominations 11 Nominations for election to the first council and the LUD committee must be filed with the returning officer at the municipal office of the former municipality. Term of office 12 Subject to section 17, the term of office of the members of the first council and of the first LUD committee commences at 12 noon on January 1, 2003 and ends at 12 noon on the day following the next general election. Eligibility for office 13 Members of the council of the town and of the former municipality are eligible to be nominated for, and elected to, the first council or the LUD committee. No election for town and former municipality 14 No election or by-election shall be held for members of the council of the town or of the former municipality. PART 4 TRANSITION PROVISIONS Councils of town and former municipality extended 15 The term of office of the members of council of the town and of the former municipality who hold office on October 22, 2002 are extended to 12 noon on January 1, 2003. Councils limited during transition period 16 During the transition period, the council of the town and of the former municipality (a) may only spend money that is not authorized in their respective 2002 financial plans if the expenditure (i) is approved in writing in advance by the minister or minister's delegate, or (ii) is in direct response to a written request received from the first council for support necessary for its transitional duties; (b) may not enter into any contract or agreement that is binding on the rural municipality after January 31, 2003. Transitional duties of first council 17(1) During the transition period, the first council is responsible for beginning to prepare for the orderly continuation of the rural municipality, including, but not limited to, the need for the rural municipality to (a) adopt a financial plan; (b) establish the procedures and operations of the first council and its committees; (c) harmonize the employees and operations of the town and the former municipality; (d) examine service delivery options within the rural municipality; and (e) consider any other matter that, in the opinion of the first council, is necessary for that purpose. 17(2) For the purpose of subsection (1), (a) the first council (i) has access, at all reasonable times, to the records and any other document or thing in the possession or control of the town or the former municipality, (ii) is entitled to receive any information that is required for their purposes from an employee of the town or of the former municipality, (iii) may receive the same remuneration and for the same purposes as is payable to a councillor of the former municipality under a by-law passed pursuant to section 124 of the Act, (iv) may request and receive financial and administrative support from the town and the former municipality; and (b) the council of the town and the former municipality must ensure the first council is given (i) the access, information and remuneration it is entitled to under clause (a), and (ii) the financial and administrative support requested under subclause (a)⁠(iv). 17(3) During the transition period, section 152 of the Act applies, with necessary changes, to meetings of the first council, but the first council (a) may not pass by-laws; (b) may pass resolutions to close and to re-open its meetings to the public as provided for in that section; and (c) may pass other resolutions, but those resolutions only take effect if adopted by the first council at a regular meeting held after January 1, 2003. 17(4) During the transition period, the LUD committee is responsible for beginning to prepare for its duties under the Act and its members are entitled to remuneration established in accordance with the Act. PART 5 EFFECT AND COMING INTO FORCE Effective for election 18 Pursuant to section 6 of The Local Authorities Elections Act , this regulation is effective for all purposes related to the October 23, 2002 election of members of the first council and committee. Coming into force 19(1) Subject to subsection (2), this regulation comes into force on the day it is registered. 19(2) Part 2 comes into force on January 1, 2003.