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Under subsections 14.1(6) and 190.071(1) of the Municipalities Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:

Citation

1This Regulation may be cited as the Rural Community Incorporation and Restructuring Regulation - Municipalities Act.

Definitions

2006-72

2The following definitions apply in this Regulation.

“Act” means the Municipalities Act. (Loi)

“Municipal Electoral Officer” means the Municipal Electoral Officer under section 5 of the Municipal Elections Act. (directeur des élections municipales)

“qualified resident” means a resident who is qualified to vote under the Elections Act. (résident ayant droit de vote)

2006-72; 2007-18

Initiating an incorporation

3(1)The Minister shall carry out a study to determine the feasibility of incorporating an area as a rural community if

(a) 25 or more residents from each local service district who are qualified to vote under the Elections Act petition the Minister to carry out a study to determine the feasibility of incorporating the area as a rural community, and

(b) the area includes a village and the council of the village petitions the Minister to carry out a study to determine the feasibility of incorporating the village as part of the rural community.

3(2)The Minister shall carry out a study to determine the feasibility of incorporating a village as a rural community if the council of the village petitions the Minister to do so.

3(3)The Minister may carry out a study to determine the feasibility of incorporating an area, including a village, as a rural community if the Minister considers that the incorporation ought to be explored.

Initiating a restructuring

4(1)This section applies to the following restructurings of a rural community:

(a) the amalgamation of two or more rural communities;

(b) the annexation of a contiguous area to a rural community;

(c) the amalgamation of two or more rural communities and the annexation of a contiguous area to the new rural community;

(d) the amalgamation of one or more rural communities with one or more villages and the annexation of a contiguous area to the new rural community; and

(e) the decrement of the territorial limits of a rural community.

4(2)The Minister shall carry out a study to determine the feasibility of restructuring a rural community if

(a) the rural community council of each affected rural community petitions the Minister to carry out a study to determine the feasibility of restructuring the rural community,

(b) the restructuring will affect a local service district and 25 or more residents from each affected local service district who are qualified to vote under the Elections Act petition the Minister to carry out a study to determine the feasibility of restructuring the rural community, and

(c) the restructuring will affect a village and the council of the village petitions the Minister to carry out a study to determine the feasibility of restructuring the rural community.

4(3)The Minister may carry out a study to determine the feasibility of restructuring a rural community if the Minister considers that the restructuring ought to be explored.

Incorporating or restructuring a rural community

5(1)After the study of a feasibility report, the Lieutenant-Governor in Council may incorporate or restructure a rural community under section 190.072 of the Act if there is sufficient local support for the incorporation or restructuring in each village, rural community and local service district affected by the incorporation or restructuring.

5(2)The sufficiency of local support shall be determined in accordance with section 7 or 8.

5(3)The Minister shall consider the following before making a recommendation under section 190.072 of the Act to incorporate or restructure a rural community:

(a) the population of the proposed rural community;

(b) the rural community tax base of the proposed rural community;

(c) the number of local service districts, rural communities and villages to be included in the proposed rural community;

(d) the geographic size of the proposed rural community;

(e) the population density of the proposed rural community;

(f) the impact the incorporation or restructuring will have on the provision of services in the areas affected by the incorporation or restructuring; and

(g) the level of local support for the incorporation or restructuring.

Local support

6After the Minister has completed a feasibility study under section 3 or 4, the Minister shall determine if there is sufficient local support for the incorporation or restructuring in the areas that will be affected by the incorporation or restructuring.

Local support in a village or rural community

7There is sufficient local support for the incorporation or restructuring of a rural community

(a) in a village, if the council of the village passes a resolution supporting the incorporation or restructuring, and

(b) in a rural community, if the rural community council passes a resolution supporting the incorporation or restructuring.

Local support in a local service district

8(1)If a local service district will be affected by the incorporation or restructuring of a rural community, the Minister shall notify all qualified residents of the local service district of the proposed action.

8(2)The qualified residents of a local service district shall be provided with the notice under subsection (1) by publication in the area, by prominent posting in the area, by mail or by any combination of the three.

8(3)If there are fewer than 51 qualified residents in a local service district, the notice under subsection (1) shall require all qualified residents to advise the Minister in writing, within 15 days of receiving the notice, whether they agree or disagree with the proposed action.

8(4)If there are fewer than 3 qualified residents in a local service district, there is sufficient local support in the local service district for a proposed action if all of the qualified residents agree in writing with the proposal.

8(5)If there are fewer than 3 qualified residents in a local service district, a qualified resident who does not respond in writing as required by a notice under subsection (1) shall be deemed to have agreed with the proposed action.

8(6)If there are more than 2 but fewer than 51 qualified residents in a local service district, there is sufficient local support in the local service district for a proposed action if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

8(7)If there are more than 2 but fewer than 51 qualified residents in a local service district and no qualified residents respond in writing as required by a notice under subsection (1), there shall be deemed to be sufficient local support in the local service district for the proposed action.

8(8)If there are more than 50 qualified residents in a local service district, the Minister shall order that a plebiscite of the qualified residents of the local service district be held to determine the level of local support in the local service district for a proposed action.

8(9)If there are more than 50 qualified residents in a local service district, there is sufficient local support in the local service district for a proposed action if a majority of those voting at a plebiscite held under subsection (8) vote in favour of the proposal.

2006-73; 2007-18

Application of Municipal Elections Act

2006-72

8.1(1)Subject to subsections (2) to (6), if a plebiscite is held under subsection 8(8), the provisions of the Municipal Elections Act, other than provisions that are inconsistent with this Regulation, apply as if the plebiscite were held under paragraph 68(2)(a) of the Municipalities Act.

8.1(2)Section 46 of the Municipal Elections Act does not apply to a plebiscite held under subsection 8(8).

8.1(3)The voters list to be used at a plebiscite held under subsection 8(8) shall be the latest voters list prepared for the area that includes the local service district.

8.1(4)Unless this Regulation or the context requires otherwise, references in provisions of the Municipal Elections Act or the regulations under it, as adopted under subsection (1), to “election” or “quadrennial election” shall be read as “plebiscite”.

8.1(5)If a plebiscite is to be held under subsection 8(8), the Minister shall provide the Municipal Electoral Officer with a certified copy of the question submitted to plebiscite.

8.1(6)Prior to the holding of a plebiscite under subsection 8(8), the Minister shall do the following:

(a) prepare a document setting out the following information:

(i) the question that is the subject of the plebiscite;

(ii) the projected cost, if any, of implementation of the plebiscite proposal; and

(iii) any other background information considered relevant by the Minister; and

(b) cause a notice of the holding of the plebiscite to be published in a newspaper published or having general circulation in the local service district setting out the following information:

(i) the question that is the subject of the plebiscite; and

(ii) the place where a copy of the document referred to in paragraph (a) may be obtained.

2006-72; 2007-18

Commencement

9This Regulation comes into force on July 15, 2005.

N.B. This Regulation is consolidated to March 26, 2007.

2005-95 - Rural Community Incorporation and Restructuring

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