Rural Municipality of McCreary and Village of McCreary Amalgamation Regulation

Rural Municipality of McCreary and Village of McCreary Amalgamation Regulation, M.R. 205/2013 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 205/2013 Registered December 20, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 New municipality established 3 Boundaries 4 Status of new municipality 5 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 Appointment of CAO 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 rural municipality" means the Rural Municipality of McCreary. (« ancienne municipalité rurale ») "former village" means the Village of McCreary. (« ancienne ville ») "municipal office" means the office located at 432 First Avenue, McCreary, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of McCreary that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former rural municipality and the council of the former village. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Rural Municipality of McCreary and the Village of McCreary are amalgamated to establish the Municipality of McCreary. Boundaries 3 The new municipality consists of the following area: N ½ of Township 19, all Townships 20 and 21 - 14 and 15 WPM; E ½ of Section 25, N ½ and SE ¼ 36, in Township 20 - 16 WPM; Section 1, NE ¼ 11, all 12 and 13, S ½ and NE ¼ 14, all 22 to 27, NE ¼ 28, NE ¼ 31 and all 32 to 36 in Township 21 - 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 six 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 three councillors elected from each of the following wards: Ward 1 N ½ of Township 19, all Townships 20 and 21 - 14 and 15 WPM; E ½ of Section 25, N ½ and SE ¼ 36, in Township 20 - 16 WPM; Section 1, NE ¼ 11, all 12 and 13, S ½ and NE ¼ 14, all 22 to 27, NE ¼ 28, NE ¼ 31 and all 32 to 36 in Township 21 - 16 WPM. excepting all lands described in Ward 2. Ward 2 All those portions of Section 4 in Township 21 - 15 WPM and Section 33 in Township 20 - 15 WPM bounded as follows: Commencing at the NW corner of S ½ of said Section 4; thence Ely along the Northern limit of said S ½ of Section 4 to the NE corner of said S ½ of Section 4; thence Sly along the Eastern limit of said S ½ of Section 4 and its straight production Sly to the NE corner of said Section 33; thence Ely in a straight line to the NW corner of Section 34 in Township 20 - 15 WPM; thence Sly along the Western limit of said Section 34 to the SW corner of the NW ¼ of said Section 34; thence Wly in a straight line to the SE corner of the NE ¼ of said Section 33; thence Wly along the Southern limit of said NE ¼ of Section 33 to the Eastern limit of Public Road Plan 4482 NLTO; thence Nwly along last described Eastern limit and its straight production Nwly to the Southern limit of said Section 4; thence Wly along said Southern limit of Section 4 to the SW corner of said Section 4; thence Nly along the Western limit of said Section 4 to the point of commencement. 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 six 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 rural municipality and the former village. Appointment of senior election official 7 The person who holds office as the senior election official of the former village 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 former village 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 rural municipality, the former village 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 at 7:30 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 rural municipality and former village are 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 rural municipality or the former village is, as of January 1, 2015, continued as an employee of the new municipality. Differential mill rates authorized 18 The council of the new municipality is hereby authorized to set and impose different rates of tax in the areas of the former rural municipality and the former village under section 304 of The Municipal Act for the years 2015 to 2024. For certainty, the difference in the services provided by the new municipality in the areas of the former rural municipality and the former village must generally be reflected in the different rates of taxes imposed in those areas. M.R. 148/2022 COMING INTO FORCE Coming into force 19 This regulation comes into force on the day it is registered under The Regulations Act .