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Under sections 14.1 and 190.072 of the Municipalities Act, on the recommendation of the Minister, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the Rural Community of Kedgwick Regulation - Municipalities Act.

Definition of “Act”

2In this Regulation, “Act” means the Municipalities Act.

Incorporation of Kedgwick

3The village called Village of Kedgwick is dissolved and the area comprising the former Village of Kedgwick and the local service district of the parish of Grimmer is incorporated as a rural community and the name of the rural community is Kedgwick.

Territorial limits of Kedgwick

4The territorial limits of Kedgwick are shown on the plan attached as Schedule A.

Body corporate

5The inhabitants of the area shown on the plan attached as Schedule A are a body corporate called Kedgwick.

Effective date of incorporation

6The effective date of the incorporation of Kedgwick as a rural community is July 1, 2012.

Assets and liabilities of Village of Kedgwick

7As of July 1, 2012, the assets and liabilities of the former village called Village of Kedgwick are assets and liabilities of the rural community of Kedgwick, and Kedgwick for all purposes stands in the place and stead of the former village called Village of Kedgwick.

By-laws of Village of Kedgwick

8The dissolution of the former village called Village of Kedgwick does not affect the by-laws in force in the former village, and the by-laws continue to apply to that portion of the rural community of Kedgwick that comprised the former village called Village of Kedgwick until repealed by the rural community council of the rural community of Kedgwick.

Services in Village of Kedgwick

9(1)Subject to subsection (2), the dissolution of the former village called Village of Kedgwick does not affect the delivery of the following services which were provided in the former village, and the rural community of Kedgwick shall continue to provide these services in that portion of the rural community of Kedgwick that comprised the former village called Village of Kedgwick:

(a) drainage;

(b) fire protection;

(c) non-fire related rescue;

(d) garbage and refuse collection and disposal;

(e) sewerage;

(f) sidewalks;

(g) roads and streets;

(h) regulation of traffic;

(i) street lighting;

(j) water;

(k) parks;

(l) community services;

(m) tourist promotion and development;

(n) industrial development and promotion;

(o) land assembly;

(p) recreational and sports facilities; and

(q) recreational and sports programs.

9(2)The rural community of Kedgwick may discontinue the provision of a service referred to in subsection (1) in accordance with section 28 of the Rural Community Administration Regulation - Municipalities Act.

First election

10(1)For the purpose of the first election in Kedgwick

(a) the notice of election shall be published no later than March 30, 2012,

(b) the nomination of candidates shall close at 2 p.m. on April 13, 2012,

(c) the election shall be held on May 14, 2012, and

(d) the taking of the oath of office and the first meeting of the rural community council shall be held on May 28, 2012.

10(2)Despite paragraph (1)(d), if a quorum of the rural community council cannot be constituted on May 28, 2012, as a result of a petition requesting a recount under section 42 of the Municipal Elections Act, the taking of the oath of office and the first meeting of the rural community council shall be held within ten days after the candidates have been declared elected under the Municipal Elections Act.

Council composition

11The rural community council of Kedgwick shall be composed of the following seven members:

(a) the rural community mayor;

(b) one rural community councillor elected from each ward referred to in section 12; and

(c) two rural community councillors elected at large.

Wards

12The territorial limits of Kedgwick are divided into Ward 1, Ward 2, Ward 3 and Ward 4, each of which is shown on the plan attached as Schedule A.

Services provided by Minister

13(1)The services of fire protection and recreational and sports facilities are prescribed as services to be provided by the Minister for that portion of Kedgwick that comprised the former local service district of the parish of Grimmer, as shown on the plan attached as Schedule A.

13(2)The services of fire protection, recreational and sports facilities and street lighting are prescribed as services to be provided by the Minister for that portion of Kedgwick known as Thibault Range, as shown on the plan attached as Schedule A.

13(3)The services of fire protection, recreational and sports facilities and street lighting are prescribed as services to be provided by the Minister for that portion of Kedgwick known as Chassé Subdivision, as shown on the plan attached as Schedule A.

13(4)The services of fire protection, recreational and sports facilities and street lighting are prescribed as services to be provided by the Minister for that portion of Kedgwick known as Rang-Sept-et-Huit, as shown on the plan attached as Schedule A.

Land use planning

14The service of land use planning is prescribed as a service that shall be provided by Kedgwick throughout the entire rural community.

Regulations under the Community Planning Act

15(1)On the incorporation of Kedgwick, the Provincial Building Regulation, 2002 - Community Planning Act applies to that portion of the rural community that comprised the former village called Village of Kedgwick until the rural community enacts a building by-law under section 59 of the Community Planning Act that is applicable to that portion of the rural community.

15(2)On the incorporation of Kedgwick, the Provincial Subdivision Regulation - Community Planning Act applies to that portion of the rural community that comprised the former village called Village of Kedgwick until the rural community enacts a subdivision by-law under section 42 of the Community Planning Act that is applicable to that portion of the rural community.

Borrowing authority

16Despite any provision of the Act or the Municipal Capital Borrowing Act, on July 1, 2012, any outstanding authority of the former village called Village of Kedgwick to borrow money granted and approved under the Municipal Capital Borrowing Act shall continue in the name of the rural community of Kedgwick.

Unconditional grant

17Despite any provision of the Act or the Municipal Assistance Act, after July 1, 2012, the Minister shall pay or credit, as the case may be, to the rural community of Kedgwick all amounts under the Municipal Assistance Act that are owed to or owed to the credit of the former local service district of the parish of Grimmer and the former village called Village of Kedgwick.

SCHEDULE A

N.B. This Regulation is consolidated to March 15, 2012.

2012-18 - Rural Community of Kedgwick

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