2.2(1)The Minister may carry out a study to determine the feasibility of incorporating an area as a municipality if

2.2(2)The Minister may carry out a study to determine the feasibility of incorporating a rural community as a municipality if the rural community council petitions the Minister to do so.

2.2(3)The Minister may carry out a study to determine the feasibility of incorporating an area, including a rural community, as part of a municipality if the Minister considers that the incorporation ought to be explored.

2.3(1)After the study of a feasibility report, the Lieutenant-Governor in Council may incorporate a municipality under section 14 of the Act if there is sufficient local support for the incorporation in the areas affected by the incorporation.

2.3(2)The sufficiency of local support shall be determined in accordance with section 2.5 or 2.6.

2.3(3)The Minister shall consider the following before making a recommendation under section 14 of the Act to incorporate a municipality:

2.4(1)After the Minister has completed a feasibility study under section 2.2, the Minister shall determine if there is sufficient local support for the incorporation in the areas that will be affected by the incorporation.

2.4(2)For the purposes of subsection (1), the Minister shall determine the areas affected by a proposed incorporation.

2.6(1)If a local service district will be affected by the incorporation of a municipality, the Minister shall notify all qualified residents of the area affected.

2.6(2)The qualified residents of an area affected 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.

2.6(3)If there are fewer than 51 qualified residents in an area affected, 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 incorporation.

2.6(4)If there are fewer than three qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if all of the qualified residents agree in writing with the proposal.

2.6(5)If there are fewer than three qualified residents in an area affected, 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 incorporation.

2.6(6)If there are more than two but fewer than 51 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

2.6(7)If there are more than two but fewer than 51 qualified residents in an area affected 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 area for the proposed incorporation.

2.6(8)If there are more than 50 qualified residents in an area affected, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed incorporation.

2.6(9)If there are more than 50 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those voting at a plebiscite held under subsection (8) vote in favour of the proposal.

4(1)If a contiguous area is proposed to be annexed to a municipality under subsection 14(1) of the Act, the Minister shall notify all qualified residents in the area affected by the annexation of the proposal.

4(2)The Minister shall determine the area affected by a proposed annexation.

4(3)The qualified residents of the area affected 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.

4(4)If there are fewer than 51 qualified residents in an area affected, 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 annexation.

4(5)If there are fewer than 3 qualified residents in an area affected, there is sufficient local support in the area for a proposed annexation if all of the qualified residents agree in writing with the proposal.

4(6)If there are fewer than 3 qualified residents in an area affected, 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 annexation.

4(7)If there are more than 2 but fewer than 51 qualified residents in an area affected, there is sufficient local support in the area for a proposed annexation if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

4(8)If there are more than 2 but fewer than 51 qualified residents in an area affected 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 area for the proposed annexation.

4(9)If there are more than 50 qualified residents in an area affected, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed annexation.

4(10)If there are more than 50 qualified residents in an area affected, there is sufficient local support in the area for a proposed annexation if a majority of those voting at a plebiscite held under subsection (9) vote in favour of the proposal.

5(1)If the territorial limits of a municipality are proposed to be decreased under subsection 14(1) of the Act, the Minister shall notify all qualified residents in the area affected by the decrement of the proposal.

5(2)The Minister shall determine the area affected by a proposed decrement.

5(3)The qualified residents of the area affected 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.

5(4)If there are fewer than 51 qualified residents in an area affected, 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 decrement.

5(5)If there are fewer than 3 qualified residents in an area affected, there is sufficient local support in the area for a proposed decrement if all of the qualified residents agree in writing with the proposal.

5(6)If there are fewer than 3 qualified residents in an area affected, 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 decrement.

5(7)If there are more than 2 but fewer than 51 qualified residents in an area affected, there is sufficient local support in the area for a proposed decrement if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

5(8)If there are more than 2 but fewer than 51 qualified residents in an area affected 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 area for the proposed decrement.

5(9)If there are more than 50 qualified residents in an area affected, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed decrement.

5(10)If there are more than 50 qualified residents in an area affected, there is sufficient local support in the area for a proposed decrement if a majority of those voting at a plebiscite held under subsection (9) vote in favour of the proposal.

5.1(1)Subject to subsections (2) to (6), if a plebiscite is to be held, 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.

5.1(2)Section 46 of the Municipal Elections Act does not apply to a plebiscite.

5.1(3)The voters list to be used at a plebiscite shall be the latest voters list prepared for the area affected by the annexation or decrement.

5.1(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”.

5.1(5)If a plebiscite is to be held, the Minister shall provide the Municipal Electoral Officer with a certified copy of the question submitted to plebiscite.

5.1(6)Prior to the holding of a plebiscite, the Minister shall do the following: