Acts and Regulations

M-22 - Municipalities Act

Section 14
Disposition versions

Full text
Incorporation or change in structure of municipality by Cabinet
14(1)On the recommendation of the Minister and after the study of a feasibility report, the Lieutenant-Governor in Council
(a) may incorporate the inhabitants of an area as a municipality;
(b) may amalgamate two or more municipalities;
(c) may annex to a municipality a contiguous area;
(d) may amalgamate two or more municipalities and annex contiguous areas thereto;
(e) may decrease the territorial limits of a municipality;
(f) may incorporate a rural community as a municipality; or
(g) may amalgamate one or more rural communities with one or more municipalities and, if necessary, annex contiguous areas to the new municipality.
14(1.1)Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.
14(1.2)Notwithstanding subsection (1), the amalgamation of one or more rural communities with one or more municipalities shall be effected by an Act of the Legislature unless the rural community council of each rural community and the council of each municipality that would be affected adopts a resolution in favour of the amalgamation.
14(1.3)Notwithstanding paragraphs (1)(c), (d), (g), (2)(b), (7)(c), (d) and (h) and subsection 19.2(1), if more than one area is to be annexed to a municipality and those areas constitute a group, the Minister may annex the group to the municipality if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the municipality.
14(1.4)For the purpose of this Act and the regulations, an area referred to in subsection (1.3) shall be deemed a contiguous area.
14(2)The Minister may institute or a council or rural community council may petition the Minister to institute
(a) amalgamation proceedings with respect to the amalgamation of two or more municipalities,
(b) annexation proceedings with respect to the annexation to the municipality of an area contiguous thereto,
(b.1) amalgamation proceedings with respect to the amalgamation of one or more rural communities with one or more municipalities,
(c) both amalgamation and annexation proceedings, or
(d) decrement proceedings.
14(2.1)The Minister may institute or a rural community council may petition the Minister to institute proceedings to incorporate a rural community as a municipality.
14(2.2)If a rural community is incorporated as a municipality, the rural community mayor and rural community councillors in office at the time of the incorporation are the mayor and councillors of the new municipality until a new council is elected and takes office.
14(3)Twenty-five or more persons qualified to vote under the Elections Act, and resident in an area contiguous to, but not within, a municipality may petition the Minister for the institution of annexation proceedings for that area.
14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.
14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.
14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act or any other Act.
14(5)Subject to subsection (1.1), where a municipality created by an amalgamation or an annexation has the required population, the Lieutenant-Governor in Council may incorporate the municipality as a town or city.
14(5.1)Subject to subsection (1.2), if one or more rural communities is amalgamated with one or more municipalities under this section, the Lieutenant-Governor in Council shall incorporate the area as a municipality.
14(6)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition.
14(7)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before
(a) a municipality may be incorporated,
(b) two or more municipalities may be amalgamated,
(c) a contiguous area may be annexed to a municipality,
(d) two or more municipalities may be amalgamated and contiguous areas annexed to the new municipality,
(e) the territorial limits of a municipality may be decreased,
(f) a municipality may be dissolved,
(g) a rural community may be incorporated as a municipality, or
(h) one or more rural communities may be amalgamated with one or more municipalities and contiguous areas annexed to the new municipality.
1966, c.20, s.15; 1967, c.56, s.3; 1969, c.58, s.1, 2; 1973, c.60, s.3; 1997, c.47, s.1; 1997, c.65, s.2; 1998, c.E-1.111, s.47; 2005, c.7, s.49; 2012, c.44, s.11
Incorporation or change in structure of municipality by Cabinet
14(1)On the recommendation of the Minister and after the study of a feasibility report, the Lieutenant-Governor in Council
(a) may incorporate the inhabitants of an area as a municipality;
(b) may amalgamate two or more municipalities;
(c) may annex to a municipality a contiguous area;
(d) may amalgamate two or more municipalities and annex contiguous areas thereto;
(e) may decrease the territorial limits of a municipality;
(f) may incorporate a rural community as a municipality; or
(g) may amalgamate one or more rural communities with one or more municipalities and, if necessary, annex contiguous areas to the new municipality.
14(1.1)Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.
14(1.2)Notwithstanding subsection (1), the amalgamation of one or more rural communities with one or more municipalities shall be effected by an Act of the Legislature unless the rural community council of each rural community and the council of each municipality that would be affected adopts a resolution in favour of the amalgamation.
14(1.3)Notwithstanding paragraphs (1)(c), (d), (g), (2)(b), (7)(c), (d) and (h) and subsection 19.2(1), if more than one area is to be annexed to a municipality and those areas constitute a group, the Minister may annex the group to the municipality if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the municipality.
14(1.4)For the purpose of this Act and the regulations, an area referred to in subsection (1.3) shall be deemed a contiguous area.
14(2)The Minister may institute or a council or rural community council may petition the Minister to institute
(a) amalgamation proceedings with respect to the amalgamation of two or more municipalities,
(b) annexation proceedings with respect to the annexation to the municipality of an area contiguous thereto,
(b.1) amalgamation proceedings with respect to the amalgamation of one or more rural communities with one or more municipalities,
(c) both amalgamation and annexation proceedings, or
(d) decrement proceedings.
14(2.1)The Minister may institute or a rural community council may petition the Minister to institute proceedings to incorporate a rural community as a municipality.
14(2.2)If a rural community is incorporated as a municipality, the rural community mayor and rural community councillors in office at the time of the incorporation are the mayor and councillors of the new municipality until a new council is elected and takes office.
14(3)Twenty-five or more persons qualified to vote under the Elections Act, and resident in an area contiguous to, but not within, a municipality may petition the Minister for the institution of annexation proceedings for that area.
14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.
14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.
14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act or any other Act.
14(5)Subject to subsection (1.1), where a municipality created by an amalgamation or an annexation has the required population, the Lieutenant-Governor in Council may incorporate the municipality as a town or city.
14(5.1)Subject to subsection (1.2), if one or more rural communities is amalgamated with one or more municipalities under this section, the Lieutenant-Governor in Council shall incorporate the area as a municipality.
14(6)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition.
14(7)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before
(a) a municipality may be incorporated,
(b) two or more municipalities may be amalgamated,
(c) a contiguous area may be annexed to a municipality,
(d) two or more municipalities may be amalgamated and contiguous areas annexed to the new municipality,
(e) the territorial limits of a municipality may be decreased,
(f) a municipality may be dissolved,
(g) a rural community may be incorporated as a municipality, or
(h) one or more rural communities may be amalgamated with one or more municipalities and contiguous areas annexed to the new municipality.
1966, c.20, s.15; 1967, c.56, s.3; 1969, c.58, s.1, 2; 1973, c.60, s.3; 1997, c.47, s.1; 1997, c.65, s.2; 1998, c.E-1.111, s.47; 2005, c.7, s.49; 2012, c.44, s.11
Incorporation or change in structure of municipality by Cabinet
14(1)On the recommendation of the Minister and after the study of a feasibility report, the Lieutenant-Governor in Council
(a) may incorporate the inhabitants of an area as a municipality;
(b) may amalgamate two or more municipalities;
(c) may annex to a municipality a contiguous area;
(d) may amalgamate two or more municipalities and annex contiguous areas thereto;
(e) may decrease the territorial limits of a municipality;
(f) may incorporate a rural community as a municipality; or
(g) may amalgamate one or more rural communities with one or more municipalities and, if necessary, annex contiguous areas to the new municipality.
14(1.1)Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.
14(1.2)Notwithstanding subsection (1), the amalgamation of one or more rural communities with one or more municipalities shall be effected by an Act of the Legislature unless the rural community council of each rural community and the council of each municipality that would be affected adopts a resolution in favour of the amalgamation.
14(2)The Minister may institute or a council or rural community council may petition the Minister to institute
(a) amalgamation proceedings with respect to the amalgamation of two or more municipalities,
(b) annexation proceedings with respect to the annexation to the municipality of an area contiguous thereto,
(b.1) amalgamation proceedings with respect to the amalgamation of one or more rural communities with one or more municipalities,
(c) both amalgamation and annexation proceedings, or
(d) decrement proceedings.
14(2.1)The Minister may institute or a rural community council may petition the Minister to institute proceedings to incorporate a rural community as a municipality.
14(2.2)If a rural community is incorporated as a municipality, the rural community mayor and rural community councillors in office at the time of the incorporation are the mayor and councillors of the new municipality until a new council is elected and takes office.
14(3)Twenty-five or more persons qualified to vote under the Elections Act, and resident in an area contiguous to, but not within, a municipality may petition the Minister for the institution of annexation proceedings for that area.
14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.
14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.
14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act or any other Act.
14(5)Subject to subsection (1.1), where a municipality created by an amalgamation or an annexation has the required population, the Lieutenant-Governor in Council may incorporate the municipality as a town or city.
14(5.1)Subject to subsection (1.2), if one or more rural communities is amalgamated with one or more municipalities under this section, the Lieutenant-Governor in Council shall incorporate the area as a municipality.
14(6)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition.
14(7)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before
(a) a municipality may be incorporated,
(b) two or more municipalities may be amalgamated,
(c) a contiguous area may be annexed to a municipality,
(d) two or more municipalities may be amalgamated and contiguous areas annexed to the new municipality,
(e) the territorial limits of a municipality may be decreased,
(f) a municipality may be dissolved,
(g) a rural community may be incorporated as a municipality, or
(h) one or more rural communities may be amalgamated with one or more municipalities and contiguous areas annexed to the new municipality.
1966, c.20, s.15; 1967, c.56, s.3; 1969, c.58, s.1, 2; 1973, c.60, s.3; 1997, c.47, s.1; 1997, c.65, s.2; 1998, c.E-1.111, s.47; 2005, c.7, s.49