The Town of Killarney and the Rural Municipality of Turtle Mountain Amalgamation Regulation

The Town of Killarney and the Rural Municipality of Turtle Mountain Amalgamation Regulation, M.R. 160/2006 The Municipal Act , C.C.S.M. c. M225 Regulation 160/2006 Registered August 21, 2006 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Municipality of Killarney — Turtle Mountain established 3 Boundaries 4 Status of new municipality 5 Composition of first council 6 Election of members of council 7 Review of ward boundaries for 2014 general election 8 Extension of term of office of old councils 9 Dissolution of old councils 10 Limitation on powers of old councils 11 First meeting date and location 12 CAO appointed 13 By-laws and resolutions continued 14 Employees continued 15 Urban and rural service areas established 16 Application 17 Election of first council 18 Eligibility for office 19 Appointment of senior election official 20 Voters lists 21 Filing of nominations 22 Term of office 23 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 consisting of the members elected at the October 25, 2006 general election. (« premier conseil ») "former rural municipality" means the Rural Municipality of Turtle Mountain. (« ancienne municipalité rurale ») "former town" means the Town of Killarney. (« ancienne ville ») "municipal office" means the office located at 415 Broadway Avenue, Killarney. (« bureau municipal ») "new municipality" means the Municipality of Killarney - Turtle Mountain established under section 2. (« nouvelle municipalité ») "old councils" means the council of the Rural Municipality of Turtle Mountain and the council of the Town of Killarney. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY Municipality of Killarney — Turtle Mountain established 2 On January 1, 2007, the Town of Killarney and the Rural Municipality of Turtle Mountain are amalgamated to form the Municipality of Killarney - Turtle Mountain. Boundaries 3 The new municipality consists of the following area: Townships 1, 2 and 3 - 16, 17 and 18 WPM; all that portion of Township 4 - 16 WPM which lies South and West of Pelican Lake; and all those portions of Sections 6 and 7 in Township 4 - 15 WPM lying South of Pelican Lake. Status of new municipality 4 The new municipality has the status of a rural municipality. Composition of first council 5 The council of the new municipality is to be composed of a head of council and six councillors. Election of members of council 6(1) The head of council is to be elected by the voters of the new municipality. 6(2) The councillors of the new municipality are to be elected on the basis of three councillors being elected in each of the following wards: Urban Ward Ne ¼ of Section 34 and all those portions of Frac NE ¼ 33 and Frac NW ¼ 34 lying North of Road Plan 315 BLTO (BO DIV) in Township 2 - 17 WPM; Section 2 in Township 3 - 17 WPM Exc all that portion of N ½ of N ½ of said Section 2 which lies West of Broadway Ave Plan 457 BLTO (BO DIV), all that portion of N ½ of Section 3 in Township 3 - 17 WPM which lies South and West of Canadian Pacific Rly Plan 418 WLTO Exc all that portion of said N ½ of Section 3 which lies South and West of the NE limit of Road Plan 450 BLTO (BO DIV), all that portion of SE ¼ of said Section 3 contained within the limits of Plan 430 BLTO (BO DIV), and all that portion of the S ½ of said Section 3 which lies South of the Southern limit of water's edge of Killarney Lake Exc said Road Plan 315; Rural Ward Townships 1, 2 and 3 - 16, 17 and 18 WPM; all that portion of Township 4 - 16 WPM which lies South and West of Pelican Lake; and all those portions of Sections 6 and 7 in Township 4 - 15 WPM lying South of Pelican Lake (Exc the Urban Ward). 6(3) Subsection (2) is not effective for any purpose related to the 2014 general election or any subsequent general election or by-election. Review of ward boundaries for 2014 general election 7 After the 2010 general election but at least 180 days before the 2014 general election, the council of the new municipality must, in accordance with Division 2 (Elections) of Part 3 of the Act, (a) determine if the members of council are to be elected by a vote of the electors of the whole municipality or on the basis of wards; and (b) where councillors are to be elected by wards, pass a by-law establishing the number of wards, the boundaries of each and the number of councillors to be elected in each ward. TRANSITION PROVISIONS Extension of term of office of old councils 8 The term of office of a member of an old council who holds office on October 24, 2006 is extended until December 31, 2006, without the member being re-elected at the general election held on October 25, 2006. Dissolution of old councils 9 The old councils are dissolved on December 31, 2006. Limitation on powers of old councils 10 During the period commencing at 12 noon on October 26, 2006 and ending on December 31, 2006, the old councils may not (a) spend money except as authorized in their respective 2006 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, 2007, or that is binding on the successor new municipality or its council. First meeting date and location 11 The first meeting of the first council must be held before February 1, 2007. 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 12 The person who, on December 31, 2006, 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 13 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 the case of a conflict between them, the by-laws and resolutions of the former rural municipality apply. Employees continued 14 A person who, on December 31, 2006 is employed by the former rural municipality or the former town is, as of January 1, 2007, continued as an employee of the new municipality. Urban and rural service areas established 15(1) For the purposes of delivery of services by the new municipality, the rural ward and the urban ward are established as separate special service areas. 15(2) The council of the new municipality may, in accordance with Division 4 (Local Improvements and Special Services) of Part 10 of the Act, make changes to or dissolve a service area. ELECTION OF FIRST COUNCIL Application 16 Subject to the provisions of sections 17 to 22, The Municipal Councils and School Boards Election Act applies to the election of members of the first council. Election of first council 17 The members of the first council are to be elected at the October 25, 2006 general election. Eligibility for office 18 A member of an old council is eligible for nomination for and election to the first council of the new municipality. Appointment of senior election official 19 The person who holds office as the senior election officer of the Rural Municipality of Turtle Mountain is appointed as senior election official for the election of the first council. Voters lists 20 The voters list for the election of the first council is the voters list for the former rural municipality and the former town. Filing of nominations 21 Nominations for election to the first council must be filed with the senior election official at the municipal office. Term of office 22 The term of office of the members of the first council commences on January 1, 2007 and ends at 12 noon on the day following the next general election. COMING INTO FORCE Coming into force 23 This regulation comes into force on the day it is registered.