Acts and Regulations

2017, c.18 - Local Governance Act

Section 29
Disposition versions

Full text
Dissolution
29(1)A local government may, by resolution of council, request that the Minister recommend the dissolution of the local government.
29(2)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may dissolve the local government by regulation and annex the dissolved local government to the rural district in the service region in which the dissolved local government is located.
29(2.1)If an annexation occurs under subsection (2), the Lieutenant-Governor in Council may, by regulation, change the territorial limits of the rural district.
29(3)The Minister may appoint a person to carry out any of the actions necessary and incidental to the dissolution.
29(4)A person appointed under subsection (3) may be the same person appointed as supervisor under the Control of Municipalities Act.
29(5)Repealed: 2021, c.44, s.4
29(6)In a regulation dissolving a local government, the Lieutenant-Governor in Council may
(a) declare that the dissolved local government is annexed to the rural district in the service region in which the dissolved local government is located,
(b) provide for the disposition and adjustment of the assets and liabilities and the discharge of the obligations of the dissolved local government that the Lieutenant-Governor in Council considers equitable,
(c) provide for the adjustment that the Lieutenant-Governor in Council considers equitable of the rights, claims, liabilities and obligations of the persons in whose names real property in the dissolved local government is assessed under the Assessment Act,
(d) provide for the extent to and the manner in which the liabilities of the dissolved local government shall be discharged by the imposition of rates of tax on the real property in the dissolved local government and impose rates of tax for the discharge of those liabilities,
(e) provide for the designation of a rural plan or a municipal plan, as the case may be, or any portion of a rural plan or municipal plan as the rural plan of the rural district or portion of the rural district,
(f) provide for the repeal of the by-laws of the dissolved local government,
(g) provide for any claims or actions by or against the dissolved local government,
(h) provide for the vesting in the Crown in right of the Province of property of the dissolved local government,
(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,
(j) provide for the doing or causing to be done of all other matters, acts, deeds and things that the Lieutenant-Governor in Council considers necessary or incidental to the carrying out of the dissolution of the local government.
29(7)The Minister may, by order, prescribe that a service be provided in a rural district affected by an annexation under subsection (2) or in an area within the rural district or prescribe that a service be discontinued in the rural district or in an area within the rural district.
29(8)The Regulations Act does not apply to an order made under subsection (7).
29(9)Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the rural district affected by the annexation and, if the Minister considers it to be advisable, amend it.
2021, c.44, s.4
Dissolution
29(1)Subject to section 21, the Minister shall conduct a feasibility study to determine whether to recommend the dissolution of a local government after being petitioned by the council of the local government or the Minister may, on his or her own initiative, conduct a feasibility study to determine whether to recommend the dissolution of a local government.
29(2)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may dissolve the local government by regulation and establish a local service district.
29(3)The Minister may appoint a person to carry out any of the actions necessary and incidental to the dissolution.
29(4)A person appointed under subsection (3) may be the same person appointed as supervisor under the Control of Municipalities Act.
29(5)If a local service district is established under subsection (2), the Lieutenant-Governor in Council may make a regulation defining its territorial limits.
29(6)In a regulation dissolving a local government, the Lieutenant-Governor in Council may
(a) declare that the dissolved local government becomes a local service district,
(b) provide for the disposition and adjustment of the assets and liabilities and the discharge of the obligations of the dissolved local government that the Lieutenant-Governor in Council considers equitable,
(c) provide for the adjustment that the Lieutenant-Governor in Council considers equitable of the rights, claims, liabilities and obligations of the persons in whose names real property in the dissolved local government is assessed under the Assessment Act,
(d) provide for the extent to and the manner in which the liabilities of the dissolved local government shall be discharged by the imposition of rates of tax on the real property in the dissolved local government and impose rates of tax for the discharge of those liabilities,
(e) provide for the designation of a rural plan or a municipal plan, as the case may be, or any portion of a rural plan or municipal plan as the rural plan of a local service district or portion of a local service district,
(f) provide for the repeal of the by-laws of the dissolved local government,
(g) provide for any claims or actions by or against the dissolved local government,
(h) provide for the vesting in the Crown in right of the Province of property of the dissolved local government,
(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,
(j) provide for the doing or causing to be done of all other matters, acts, deeds and things that the Lieutenant-Governor in Council considers necessary or incidental to the carrying out of the dissolution of the local government.
29(7)The Minister may, by order, prescribe that a service be provided for a local service district established under subsection (2) or for an area within that local service district or prescribe that a service be discontinued for the local service district or for an area within the local service district.
29(8)The Regulations Act does not apply to an order made under subsection (7).
29(9)Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the local service district and, if the Minister considers it to be advisable, amend it.
Dissolution
29(1)Subject to section 21, the Minister shall conduct a feasibility study to determine whether to recommend the dissolution of a local government after being petitioned by the council of the local government or the Minister may, on his or her own initiative, conduct a feasibility study to determine whether to recommend the dissolution of a local government.
29(2)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may dissolve the local government by regulation and establish a local service district.
29(3)The Minister may appoint a person to carry out any of the actions necessary and incidental to the dissolution.
29(4)A person appointed under subsection (3) may be the same person appointed as supervisor under the Control of Municipalities Act.
29(5)If a local service district is established under subsection (2), the Lieutenant-Governor in Council may make a regulation defining its territorial limits.
29(6)In a regulation dissolving a local government, the Lieutenant-Governor in Council may
(a) declare that the dissolved local government becomes a local service district,
(b) provide for the disposition and adjustment of the assets and liabilities and the discharge of the obligations of the dissolved local government that the Lieutenant-Governor in Council considers equitable,
(c) provide for the adjustment that the Lieutenant-Governor in Council considers equitable of the rights, claims, liabilities and obligations of the persons in whose names real property in the dissolved local government is assessed under the Assessment Act,
(d) provide for the extent to and the manner in which the liabilities of the dissolved local government shall be discharged by the imposition of rates of tax on the real property in the dissolved local government and impose rates of tax for the discharge of those liabilities,
(e) provide for the designation of a rural plan or a municipal plan, as the case may be, or any portion of a rural plan or municipal plan as the rural plan of a local service district or portion of a local service district,
(f) provide for the repeal of the by-laws of the dissolved local government,
(g) provide for any claims or actions by or against the dissolved local government,
(h) provide for the vesting in the Crown in right of the Province of property of the dissolved local government,
(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,
(j) provide for the doing or causing to be done of all other matters, acts, deeds and things that the Lieutenant-Governor in Council considers necessary or incidental to the carrying out of the dissolution of the local government.
29(7)The Minister may, by order, prescribe that a service be provided for a local service district established under subsection (2) or for an area within that local service district or prescribe that a service be discontinued for the local service district or for an area within the local service district.
29(8)The Regulations Act does not apply to an order made under subsection (7).
29(9)Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the local service district and, if the Minister considers it to be advisable, amend it.