O.C. 407/2009

July 21, 2009


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

            (a)        dissolves the Village of Kinuso,

            (b)        directs that the land in the Village of Kinuso becomes part of the Municipal District of Big Lakes, and

            (c)        makes the Order in the attached Appendix.

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 Kinuso before dissolution;

 

            (b)        “receiving municipality” means the Municipal District of Big Lakes;

 

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

 

 

2(1)      The former area of the village is part of electoral division 4 of the receiving municipality until the receiving municipality passes a bylaw pursuant to section 148 of the Municipal Government Act that provides otherwise.

 

(2)        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 Kinuso until the receiving municipality changes the designation in accordance with section 59 of the Municipal Government Act.

 

(2)        The boundaries of the Hamlet of Kinuso 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and resolutions of the village continue to apply in the former area of the village until the bylaws or resolutions are repealed, amended or replaced by the council of the receiving municipality.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(1)      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.

 

(2)        The receiving municipality may pass a bylaw annually to impose a special tax under Part 10, Division 5 of the Municipal Government Act on the land located in the former area of the village for the purposes of repaying debt incurred by the village prior to its dissolution until the debt has been repaid.

 

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

 

11        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

 

HAMLET OF KINUSO

 

 

ALL that portion of the northwest quarter of section fourteen (14), township seventy-three (73), range ten (10), west of the fifth meridian commencing at THE southwest corner of subdivision plan 2438 ny extending easterly along the southern boundary of said subdivision plan to the western boundary of road plan 4395 bm; then northerly along the western boundary of said road plan to the southeast corner of subdivision plan 4932 cd; then east for 20.12 meters, more or less, to the eastern boundary of road plan 4395 bm, then north to the point of intersection with the northern boundary of the northwest quarter of section fourteen (14), township seventy-three (73), range ten (10), west of the fifth meridian.

 

ALL THAT PORTION OF THE LAND commencing at the point of intersection on the southern boundary of the southwest quarter of section twenty-three (23), township seventy-three (73), range ten (10), west of the fifth meridian and the eastern boundary of road plan 4395 bm continuing northerly along the eastern boundary of said road plan to the northern boundary of canadian national railway right-of-way and station grounds plan 4962 bo, then westerly for 701.2 meters, more or less, along said plan into the southeast quarter of section twenty-two (22), township seventy-three (73), range ten (10), west of the fifth meridian; then southerly for 91.35 meters, more or less; then easterly 241.18 meters, more or less, to the northwest corner of road plan 002 0961, then southerly along the western boundary to the southwest corner OF said road plan, then easterly for 20.36 meters, more or less, to the southwest corner of subdivision plan 948 mc; then southerly 20.12 meters, more or less, to the northwest corner of subdivision plan 042 0904; then southerly along the eastern boundary of road plan 2797 cl to the point of origin.