O.C. 190/2019

October 8, 2019


            The Lieutenant Governor in Council makes the Order Dissolving the Village of Ferintosh set out in the attached Appendix.

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

Municipal Government Act

ORDER DISSOLVING THE VILLAGE OF FERINTOSH

1   In this Order,

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

                                 (b)    “dissolution date” means January 1, 2020;

                                 (c)    “former area of the village” means the land in the Village of Ferintosh before the dissolution date, as described in the Schedule;

                                 (d)    “receiving municipality” means Camrose County;

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

 

2   Effective January 1, 2020,

                                 (a)    the Village of Ferintosh is dissolved,

                                 (b)    the former area of the village becomes part of Camrose County,

                                 (c)    the former area of the village is designated as a hamlet to be known as the Hamlet of Ferintosh until the council of the receiving municipality changes the designation in accordance with section 59 of the Act,

                                 (d)    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,

                                 (e)    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and resolutions of the village continue to apply in the former area of the village until the bylaws or resolutions are repealed, amended or replaced by the council of the receiving municipality,

                                 (f)    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 designated industrial property as defined in section 284(1)(f.01) of the Act, to pay for any liabilities referred to in this section that exceed the assets referred to in this section,

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

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

                                          (ii)    in respect of the former area of the village,

                                 (h)    a bylaw referred to in clause (g) may be passed each year until the borrowing is fully repaid,

                                  (i)    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,

                                  (j)    the employees of the village at its dissolution are deemed to be employees of the receiving municipality,

                                 (k)    all employment records related to past and current employees of the village are transferred to the receiving municipality, and

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

 

3(1)  The receiving municipality must,

                                 (a)    before the 2021 general election, review the number of councillors that the council consists of, and

                                 (b)    pass a bylaw in accordance with sections 143 and 144 of the Act that is to take effect at the 2021 general election to specify a higher or lower odd number of councillors.

(2)  The receiving municipality must,

                                 (a)    before the 2021 general election, review the number of wards and the boundaries of the wards within the receiving municipality, and

                                 (b)    pass a bylaw in accordance with sections 148 and 149 of the Act that is to take effect at the 2021 general election to establish the number of wards and the boundaries of those wards.

 

4(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 in the receiving municipality under section 2(d) and sold by the receiving municipality before December 31, 2024,

only for the purposes of paying or reducing a liability vested in the receiving municipality under section 2 or for purposes for which the village could have used it.

(2)  All money referred to in subsection (1) must be accounted for separately by the receiving municipality.

(3)  The receiving municipality shall prepare the village’s 2019 annual financial statements under section 276 of the Act and the village’s 2019 financial information return under section 277 of the Act.

(4)  The auditor for the receiving municipality shall report to the council on the village’s 2019 annual financial statements and the village’s 2019 financial information return in the same manner as is required under section 281 of the Act for the receiving municipality.

(5)  The receiving municipality is responsible for submitting the village’s 2019 financial information return, the auditor’s report on the financial information return, the village’s 2019 annual financial statements and the auditor’s report on the annual financial statements to the Minister in the same manner as is required under section 278 of the Act for the receiving municipality.

(6)  The receiving municipality may appoint an auditor for the purpose of subsection (4).

 

5   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, or

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

 

6   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.

 

7   Pursuant to section 14(1)(e) of the Foreign Ownership of Land Regulations (AR 160/79), the land within the boundaries of the Hamlet of Ferintosh is excluded from the operation of those regulations.

Schedule

Land Description

ALL THAT PORTION OF SECTION THREE (3), TOWNSHIP FORTY-FOUR (44), RANGE TWENTY-ONE (21) WEST OF THE FOURTH (4) MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE SOUTHWEST CORNER OF PLAN 6509 MC AND THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE IN THE SOUTHWEST QUARTER OF SECTION THREE (3), TOWNSHIP FORTY-FOUR (44), RANGE TWENTY-ONE (21) WEST OF THE FOURTH (4) MERIDIAN,

THENCE WESTERLY ALONG THE EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE EAST SHORE OF LITTLE BEAVER LAKE,

THENCE NORTHERLY ALONG THE EASTERN SHORE OF LITTLE BEAVER LAKE TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF LOT 2 PLAN 992 2775 IN THE NORTHWEST QUARTER OF SECTION THREE (3), TOWNSHIP FORTY-FOUR (44), RANGE TWENTY-ONE (21) WEST OF THE FOURTH (4) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF LOT 2 PLAN 992 2775 TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT 1 PLAN 912 3282,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF LOT 1 PLAN 912 3282 TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF PLAN 8484 AK, THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 8484 AK TO THE NORTHEAST CORNER OF SAID PLAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF PLAN 8484 AK TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF PLAN 1891 AB,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 1891 AB TO THE NORTHEAST CORNER OF PLAN 1891 AB, THENCE CONTINUING EASTERLY ACROSS ROAD PLAN 6390 AG TO THE EASTERN BOUNDARY OF SAID ROAD PLAN AND THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF PLAN 382 PX,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG FOR APPROXIMATELY 216 METRES, THENCE EASTERLY FOR APPROXIMATELY 36 METRES, THENCE SOUTHERLY FOR APPROXIMATELY 111 METRES, TO THE POINT OF INTERSECTION WITH LOT A PLAN 985 NY,

THENCE WESTERLY ALONG THE NORTHERN BOUNDARY OF LOT A PLAN 985 NY TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT 3 PLAN 922 3475, THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF SAID LOT TO THE NORTHEAST CORNER OF LOT 3 PLAN 922 3475, THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID LOT TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF LOT 2 PLAN 8122316, THENCE WESTERLY ALONG THE NORTHERN BOUNDARY OF LOT 2 PLAN 812 2316 TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT 1 PLAN 812 2316,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF LOT 1 PLAN 812 2316 TO THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF LOT 1 PLAN 812 2316 TO THE SOUTHEAST CORNER OF SAID LOT, THENCE WESTERLY TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG,

THENCE SOUTHERLY FOR APPROXIMATELY 27 METRES ALONG THE EASTERN BOUNDARY OF ROAD PLAN 6390 AG, THENCE CONTINUING WESTERLY TO THE NORTHWEST CORNER OF PLAN 1398 LZ,

THENCE SOUTHERLY ALONG THE WESTERN BOUNDARY OF ROAD PLAN 1398 LZ TO THE POINT OF INTERSECTION WITH THE NORTHEAST BOUNDARY OF LOT 2 PLAN 082 0658,

THENCE SOUTHERLY ALONG THE WESTERN BOUNDARY OF ROAD PLAN 2296 NWT TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF PLAN 6509 MC,

THENCE SOUTHWESTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 6509 MC TO THE POINT OF COMMENCEMENT.