O.C. 131/2009

March 18, 2009


            The Lieutenant Governor in Council, effective April 1, 2009,

            (a)        dissolves the Village of Thorhild;

            (b)        directs that the land in the Village of Thorhild becomes part of The County of Thorhild No. 7,

            (c)        makes the Order in Schedule 1, and

            (d)        establishes electoral ward 6 as described in Schedule 2.

For Information only

Recommended by:            Minister of Municipal Affairs

Authority:                             Municipal Government Act
                                                (sections 133, 134 and 137)


SCHEDULE 1

ORDER

 

1          In this Order,

 

         (a)        “former area of the village” means the land in the Village of Thorhild before dissolution;

 

            (b)        “receiving municipality” means The County of Thorhild No. 7;

 

            (c)        “village” means the Village of Thorhild.

 

2(1)      On the dissolution of the Village of Thorhild and until changed at the organizational meeting held subsequent to the 2010 general election of the receiving municipality,

 

(a)        the council of the receiving municipality consists of 6 councillors, and

 

(b)        as a transitional measure, the Minister shall, by order, appoint the councillor for electoral ward 6 before May 1, 2009.

 

(2)        Until the organizational meeting held subsequent to the 2010 general election, the former area of the village is established as a ward of the receiving municipality known as electoral ward 6 and is described in Schedule 2.

 

(3)        The receiving municipality must, prior to the 2010 general election review the number of councillors council consists of and must pass a bylaw to specify a higher or lower odd number of councillors within the time specified under section 144 of the Municipal Government Act.

 

(4)        The receiving municipality must, prior to the 2010 general election review the number of wards and the boundaries of the wards within the receiving municipality and must pass a bylaw that includes a decision available to the council under section 148 of the Municipal Government Act to establish the number of wards and establish the boundaries of those wards within the time specified under section 149 of the Municipal Government Act.

 

3(1)      The former area of the village is designated as a hamlet to be known as the Hamlet of Thorhild until the receiving municipality changes the designation in accordance with section 59 of the Municipal Government Act.

 

(2)        The boundaries of the Hamlet of Thorhild are described in Schedule 2.

 

4          All liabilities of the village, whether arising under debenture or otherwise, and all assets, rights, duties, functions and obligations of the village are vested in the receiving municipality and may be dealt with in the name of the receiving municipality.

 

5          Bylaws and resolutions of the village continue to apply in the former area of the village until the bylaws or resolutions are repealed, amended or replaced by the council of the receiving municipality.

 

6          If the liabilities of the village exceed the assets of the village, the receiving municipality may impose an additional tax under Part 10 of the Municipal Government Act on property, including linear property as defined in section 284(1)(k) of the Municipal Government Act, located in the former area of the village to pay for those excess liabilities.

 

7          A reference to the village in any order, regulation, bylaw, certificate of title, agreement or any other instrument is deemed to be a reference to the receiving municipality.

 

8(1)      The receiving municipality shall use

 

            (a)        money received from the village on its dissolution, and

 

       (b)        money received from the sale of any of the assets of the village vested in the receiving municipality under section 4 that the receiving municipality sells before December 31, 2014,

 

to pay or reduce a liability vested in the receiving municipality on the dissolution of the village, or for projects in the former area of the village.

 

(2)        Any money referred to under this section must be accounted for separately by the receiving municipality.

 

9(1)      The employees of the village at its dissolution are deemed to be employees of the receiving municipality.

 

(2)        All employment records related to the employees referred to in subsection (1) are transferred to the receiving municipality.

 

(3)        All associated liabilities related to the employees referred to in subsection (1) are transferred to the receiving municipality.

 

10(1)    For the period January 1, 2009 up to and including March 31, 2009, sections 276, 277 and 278 of the Municipal Government Act, do not apply to the village and the receiving municipality shall appoint an auditor to complete a review engagement of all financial transactions of the village for the period January 1, 2009 up to and including March 31, 2009.

 

(2)        The scope of the review engagement shall be determined in accordance with the generally accepted auditing standards for municipal governments.

 

11        Pursuant to section 14(1)(e) of the Foreign Ownership of Land Regulations, the land within the boundaries of the Hamlet of Thorhild is exempt from the operation of the Regulations.

 

12        The Minister may decide any other matter relating to the rights, obligations, liabilities, assets or any other thing in respect of the village resulting from the dissolution of the village.


SCHEDULE 2

 

ELECTORAL WARD 6

 

 

ELECTORAL WARD 6 – HAMLET OF THORHILD

 

ALL THAT PORTION OF TOWNSHIP SIXTY (60), RANGE TWENTY-ONE (21), WEST OF THE FOURTH MERIDIAN DESCRIBED AS FOLLOWS:

 

THE SOUTHEAST QUARTER OF SECTION SIX (6);

 

THE NORTHEAST QUARTER OF SECTION SIX (6);

 

ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION FIVE (5) COMMENCING AT THE SOUTHEASTERLY LIMIT OF THE EASTERN BOUNDARY OF RAILWAY RIGHT-OF-WAY PLAN 6395 BO, THEN EXTENDING NORTHERLY PARALLEL TO THE WEST BOUNDARY OF SAID QUARTER SECTION TO A POINT THAT INTERSECTS THE NORTHERN BOUNDARY OF THE SAID QUARTER SECTION; THEN WESTERLY ALONG THE NORTHERN BOUNDARY TO THE NORTHWEST CORNER OF THE SAID QUARTER SECTION; THEN SOUTHERLY ALONG THE WESTERN BOUNDARY TO THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THEN EASTERLY TO THE POINT OF COMMENCEMENT;

 

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION FIVE (5) COMMENCING AT THE SOUTHEASTERLY LIMIT OF THE EASTERN BOUNDARY OF RAILWAY RIGHT-OF-WAY PLAN 6395 BO, THEN EXTENDING NORTHERLY TO THE SOUTHWEST CORNER OF SUBDIVISION PLAN 872 2321; THEN EASTERLY ALONG THE SOUTHERN BOUNDARY TO THE SOUTHEAST CORNER OF SAID SUBDIVISION PLAN; THEN NORTHERLY ALONG THE EASTERN BOUNDARY TO A POINT THAT INTERSECTS WITH THE SOUTHERN BOUNDARY OF ROAD PLAN 1416 BM; THEN WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID ROAD PLAN CONTINUING WESTERLY ALONG THE NORTHERN BOUNDARY OF SUBDIVISION PLAN 5666 CG TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THEN SOUTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THEN EASTERLY TO THE POINT OF COMMENCMENT;

 

THAT PORTION OF ROAD PLAN 4018 MC ADJOINING THE SOUTHERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION SIX (6) AND THE SOUTHWEST QUARTER OF SECTION FIVE (5), COMMENCING AT THE SOUTHWEST CORNER OF SECTION SIX (6) EXTENDING EASTERLY TO THE EASTERN BOUNDARY OF RAILWAY RIGHT-OF-WAY PLAN 6395 BO;

 

ALL THAT PORTION OF ROAD PLAN 4497 MC (SECONDARY ROAD 827) BOUND ON THE EAST BY THE NORTHWEST QUARTER OF SECTION FIVE (5) AND THE SOUTHWEST QUARTER OF SECTION FIVE (5), ON THE WEST BY THE NORTHEAST QUARTER OF SECTION SIX (6) AND THE SOUTHEAST QUARTER OF SECTION SIX (6).