O.C. 259/2015

November 17, 2015


            The Lieutenant Governor in Council, effective January 1, 2016,

            (a)       dissolves the Village of Galahad,

 

            (b)       directs that the land described in Appendix A becomes part of Flagstaff County, and

 

            (c)       makes the Order in Appendix B.

 

For Information only

Recommended by:          Minister of Municipal Affairs

Authority:                           Municipal Government Act (sections 133, 134, 135 and 137)

                                             Foreign Ownership of Land Regulations (section 14)


 

APPENDIX A

HAMLET OF GALAHAD

ALL THAT PORTION OF THE NORTH-EAST QUARTER OF SECTION TEN (10), TOWNSHIP FORTY-ONE (41), RANGE FOURTEEN (14), WEST OF THE FOURTH MERIDIAN DESCRIBED AS:

COMMENCING AT THE SOUTH-EAST CORNER OF THE SAID QUARTER SECTION, THEN NORTH ALONG THE WEST LIMIT OF SECONDARY ROAD 861 TO THE NORTH LIMIT OF PLAN 6021 CL;

THEN SOUTH-WESTERLY ALONG THE NORTH-WEST LIMIT OF PLAN 6021 CL TO THE NORTH-EAST CORNER OF PLAN 802 1215;

THEN NORTH-WESTERLY ALONG THE NORTH LIMIT OF PLAN 832 3013 FOR A DISTANCE OF 305.17 METERS;

THEN SOUTH-WESTERLY ALONG THE NORTH-WEST LIMIT OF PLAN 832 3013 FOR A DISTANCE OF 153.92 METERS TO THE NORTH LIMIT OF SECOND AVENUE;

THEN NORTH-WESTERLY ALONG THE NORTH LIMIT OF SECOND AVENUE FOR A DISTANCE OF 109.73 METERS;

THEN SOUTH-WESTERLY FOR A DISTANCE OF 28.12 METERS TO THE NORTH LIMIT OF PLAN 4189 KS;

THEN NORTH-WESTERLY ALONG THE NORTH LIMIT OF PLAN 4189 KS FOR A DISTANCE OF 109.73 METERS TO THE WEST LIMIT OF SAID PLAN;

THEN SOUTH-WESTERLY FOR A DISTANCE OF 184.71 METERS TO THE NORTH LIMIT OF RAILWAY AVENUE;

THEN NORTH-WESTERLY TO THE EAST LIMIT OF PLAN 3010 BO;

THEN NORTH ALONG THE EAST LIMIT OF PLAN 3010 BO TO THE NORTH BOUNDARY OF SAID QUARTER SECTION;

THEN WEST FOR A DISTANCE OF 20.12 METERS ALONG THE NORTH BOUNDARY OF SAID QUARTER SECTION;

THEN SOUTH ALONG THE WEST LIMIT OF PLAN 3010 BO TO THE SOUTH LIMIT OF SAID PLAN (CANADIAN NATIONAL RAILWAY STATION GROUNDS) IN THE SOUTH-EAST QUARTER OF SECTION TEN (10), TOWNSHIP FORTY-ONE (41), RANGE FOURTEEN (14), WEST OF THE FOURTH MERIDIAN;

THEN SOUTH-EASTERLY ALONG THE SOUTH LIMIT OF PLAN 3010 BO TO THE WEST LIMIT OF SECONDARY ROAD 861;

THEN NORTH ALONG THE WEST LIMIT OF SECONDARY ROAD 861 TO THE SOUTH BOUNDARY OF LEGAL SUBDIVISION EIGHT (8) IN SAID QUARTER SECTION;

ALL THAT PORTION OF THE SOUTH-WEST QUARTER OF SECTION ELEVEN (11), TOWNSHIP FORTY-ONE (41), RANGE FOURTEEN (14), WEST OF THE FOURTH MERIDIAN DESCRIBED AS:

            THE WEST HALF OF LEGAL SUBDIVISION FIVE (5); AND

SECONDARY ROAD 861 AND PLAN 782 1225 LYING NORTH OF THE WEST PROJECTION WEST OF THE SOUTH BOUNDARY OF THE WEST HALF OF LEGAL SUBDIVISION FIVE (5) AND LYING SOUTH OF THE PROJECTION WEST OF THE NORTH BOUNDARY OF THE WEST HALF OF LEGAL SUBDIVISION FIVE (5) TO THE POINT OF COMMENCEMENT.


 

APPENDIX B

ORDER

1          In this Order,

            (a)       “Act” means the Municipal Government Act;

            (b)       “dissolution date” means January 1, 2016;

(c)       “former area of the village” means the land in the Village of Galahad before the dissolution date;

            (d)       “receiving municipality” means Flagstaff County;

            (e)       “village” means the Village of Galahad.

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

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

(2)       The boundaries of the Hamlet of Galahad are described in Appendix A.

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 Act on property located in the former area of the village, including linear property as defined in section 284(1)(k) of the Act, to pay for those excess liabilities.

(2)       The receiving municipality may, by bylaw, impose an additional tax under Part 10 of the Act on the former area of the village to meet obligations under a borrowing that was made

            (a)       by the village prior to its dissolution, and

            (b)       in respect of the former area of the village.

(3)       A bylaw referred to in subsection (2) may be passed each year until the borrowing is fully 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 assets of the village vested under section 4 in the receiving municipality and sold by the receiving municipality before December 31, 2020

only for the purposes of paying or reducing a liability vested in the receiving municipality on the dissolution of the village, or for projects in the former area of the village.

(2)       All money referred to in subsection (1) 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 past and current employees of the village are transferred to the receiving municipality.

(3)       All liabilities related to past and current employees of the village are transferred to the receiving municipality.

10        The responsibility for complying with sections 276, 277 and 278 of the Act, as those sections apply to the village in respect of the period from January 1, 2015 to December 31, 2015, is transferred to the receiving municipality.

11        If a complaint is made under section 460 of the Act in respect of property located in the former area of the village and is properly filed in accordance with the Act and regulations before the dissolution date, the complaint

(a)       shall be heard and decided by the assessment review board established by the village, if that board began hearing the matter before the dissolution date, and

(b)       shall be heard and decided by the assessment review board established by the receiving municipality, in any other case.

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.

13        Pursuant to section 14(1)(e) of the Foreign Ownership of Land Regulations, the land within the boundaries of the Hamlet of Galahad is excluded from the operation of those Regulations.