“affected municipality” means an existing municipality or rural community whose boundaries are affected by an Order in Council made under this section;(municipalité touchée)
“council of an affected municipality” includes the rural community council of an existing rural community whose boundaries are affected by an Order in Council made under this section;(conseil d’une municipalité touchée)
“new municipality” means the municipality that will be created by an Order in Council made under this section as of the effective date of the incorporation, amalgamation, annexation or decrement.(nouvelle municipalité)
Order in Council respecting structural change of municipality
19(1)The Lieutenant-Governor in Council in every Order in Council under section 14 effecting an incorporation, amalgamation, annexation or decrement may
(a)
prescribe the name and boundaries of the municipality and the effective date of the incorporation, amalgamation, annexation, or decrement,
(a.1)
divide the municipality into wards;
(a.2)
designate any rural plan under subsection 77(2.1) or 77.2(1) of the
Community Planning Act or any portion of a rural plan or any other regulation under the
Community Planning Act as the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a municipality, portion of a municipality or annexed area for the purposes of sections 19.1 and 19.2,
(b)
make such adjustments of assets and liabilities between affected municipalities as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(b.1)
make adjustments in respect of the provision of services for any local service district or rural community affected by the incorporation, annexation or decrement;
(c)
create, amalgamate or dissolve such local commissions and make such adjustments of assets and liabilities of local commissions as they agree upon, or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(d)
appoint one or more persons who have all the powers of a commissioner appointed under the
Inquiries Act, to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (
b) and (
c),
(e)
for the purpose of the first elections, provide for
(i)
the composition of the first council and local commissions,
(ii)
the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation, or decrement,
(ii.1)
the polling divisions,
(iii)
the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii.1)
the fixing of the day for the holding of the first election;
(iv)
the qualifications of candidates and voters,
(v)
the preparation of voters lists,
(v.1)
the fixing of the day for the taking of the oath of office,
(vi)
the fixing of days for first meetings of councils and local commissions, and
(vii)
such other matters as the Lieutenant-Governor in Council deems necessary to provide for the effective administration of the new municipality or any local commission thereof,
(e.1)
where a first election is held under paragraph (
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement, and
(f)
provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrement.
First elections and first councils
19(2)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement
(a)
a member of a council of an affected municipality shall not hold office until the fourth Monday in May following the date of the next quadrennial election but shall hold office until the effective date of the incorporation, amalgamation, annexation or decrement, and
(b)
no by-election shall be held to fill a vacancy on the council of the affected municipality occurring after the date of the making of the Order in Council under subsection (1) but before the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(3)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, a member of a council of an affected municipality
(a)
may be a candidate for the office of mayor or councillor on the first council of the new municipality without resigning his or her office on the council of the affected municipality, and
(A)
to hold office on the first council of the new municipality, and
(B)
to continue in office on the council of the affected municipality until the effective date of the incorporation, amalgamation, annexation or decrement, and
(ii)
shall not be required to resign from office on the council of the affected municipality by reason only that the member is also a member elected to a first council of a new municipality under paragraph (1)(
e) prior to the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(4)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the council of an affected municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but onward from the day fixed for the election of the first council of the new municipality the council of the affected municipality shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a)
enact, amend or repeal a by-law under the authority of this or any other Act,
(b)
become a party to any agreement, contract, deed or any other document other than those provided for in the estimates adopted under paragraph 87(2)(
a) or 190.081(2)(
a), by function, for the current year,
(c)
borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 87(2)(
a) or 190.081(2)(
a), by function, for the current year,
(d)
purchase or dispose of capital assets,
(e)
appoint or dismiss officers or employees, or
(f)
undertake any course of action that would
(i)
affect the future administration of the new municipality, or
(ii)
bind the new municipality to a particular course of action.
First elections and first councils
19(5)Where a council acts in contravention of subsection (4), that action is void and has no force or effect.
First elections and first councils
19(6)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office and prior to the effective date of the incorporation, amalgamation, annexation or decrement
(a)
may appoint such officers as are necessary to allow the first council to carry out its responsibilities under subsection (9) in relation to the new municipality and such appointments when made shall be immediately effective,
(b)
shall prepare a transitional budget for submission to the Minister that sets out
(i)
the remuneration of the members of the first council as fixed in the Order in Council under paragraph (1)(
e.1),
(ii)
the expenses of the first council for the period prior to the effective date of the incorporation, amalgamation, annexation or decrement, and
(iii)
the salaries of the officers of the new municipality appointed under paragraph (
a), and
(c)
may, in accordance with section 12, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
First elections and first councils
19(7)The transitional budget referred to in paragraph (6)(
b) and any additional expenses incurred by the first council under this section shall be deemed to be an expense of the new municipality and shall be included in the estimate of the money required for the operation of the new municipality under paragraph 87(2)(
a) for the first fiscal year.
First elections and first councils
19(8)The Minister of Finance may advance to the first council the amount determined under paragraph (6)(
b) and that amount may be recovered by the Minister of Finance from any amount to be paid to the new municipality under the
Community Funding Act following the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(9)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(
e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office
(a)
may conduct a review of all by-laws of the affected municipalities whether enacted under this Act or any other Act,
(b)
may enact or amend by-laws of the new municipality except that such by-laws shall have no effect until the effective date of the incorporation, amalgamation, annexation or decrement as set out in the Order in Council under paragraph (1)(
a) and shall be deemed to have come into force on the effective date of the incorporation, amalgamation, annexation or decrement as set out in the Order in Council under paragraph (1)(
a),
(c)
shall determine for the purposes of subsection 87(2)
(i)
an estimate of the money required for the operation of the new municipality,
(ii)
the amount of that estimate to be raised on the municipal tax base, and
(iii)
subject to subsection (9.01), the rate at which the amount referred to in subparagraph (ii) is to be raised,
(d)
may act under subsection 87(5) in respect of the new municipality,
(e)
may undertake the negotiation of collective agreements,
(f)
may make arrangements for the appointment of officers of the new municipality, including acting under subsection (9.1), and
(g)
may make arrangements for a pension or superannuation plan for the permanent employees of the new municipality.
19(9.01)For the year 2010, the rate to be used in subparagraph (9)(
c)(iii) shall be the rate determined under subsection 5.01(2) of the
Real Property Tax Act or adopted under paragraph 5.01(3)(
b) of that Act, as the case may be.
First elections and first councils
19(9.1)The first council may, by resolution during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation, revoke the appointment of an officer appointed by an affected municipality and
(a)
appoint that person as an officer of the new municipality for the purposes of paragraph (6)(
a) and section 74, or
(b)
subject to any applicable collective agreement,
(i)
reassign that person to a new position,
(ii)
make arrangements for the retirement of that person, or
(iii)
terminate the employment of that person, on reasonable notice or payment in lieu of such notice.
First elections and first councils
19(9.2)A resolution under subparagraph (9.1)(
b)(i), (ii) or (iii) made before the effective date of the amalgamation shall not be effective until the effective date of the amalgamation.
First elections and first councils
19(9.3)A resolution under subparagraph (9.1)(
b)(iii) shall be made only on the affirmative vote of at least two-thirds of the whole council.
First elections and first councils
19(9.4)The clerk of the new municipality shall cause a certified copy of the resolution made under subsection (9.1) to be served on the officer of the affected municipality within seven days after the making of the resolution.
First elections and first councils
19(10)The council of an affected municipality shall provide to the first council of the new municipality all information requested by the first council of the new municipality.
First elections and first councils
(a)
abridge or extend any time limit under section 87, and
(b)
make such other adjustments as are necessary to affect an orderly transition.
First elections and first councils
19(12)A member elected to a first council of a new municipality under paragraph (1)(
e) prior to the effective date of the incorporation, amalgamation, annexation or decrement does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected municipality.
First elections and first councils
19(13)A member of council of an affected municipality does not have a conflict of interest in relation to a matter before the council of the affected municipality for consideration by reason only that the member is also a member elected to a first council of a new municipality under paragraph (1)(
e) prior to the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(14)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make an Order in Council effecting an annexation or decrement without providing for a first election under paragraph (1)(
e).
Adjustments respecting affected areas
19(15)Where an Order in Council is made under subsection (1), the Lieutenant-Governor in Council may
(a)
amend or repeal a rural plan or any other regulation made under the
Community Planning Act to make adjustments respecting areas affected by the incorporation, annexation or decrement, and
(b)
amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation, annexation or decrement.
Non-application of sections 24 and 25
19(16)Sections 24 and 25 do not apply to subsection (15).
Non-application of subsection 77(11) of
Community Planning Act
19(17)Subsection 77(11) of the
Community Planning Act does not apply to paragraph (15)(
a).
Application of section to rural community
19(18)Subsections (2) to (14) apply with the necessary modifications to a first election under paragraph 190.073(1)(
d).
1966, c.20, s.20; 1967, c.56, s.5; 1969, c.58, s.4; 1974, c.33 (Supp.), s.1; 1991, c.51, s.1; 1994, c.95, s.50; 1995, c.7, s.1; 1995, c.46, s.2; 1997, c.38, s.2; 1997, c.65, s.4; 1999, c.28, s.17; 2000, c.26, s.206; 2001, c.15, s.7; 2003, c.27, s.11; 2004, c.2, s.1; 2005, c.7, s.49; 2009, c.15, s.7; 2010, c.35, s.6; 2012, c.56, s.31