O.C. 384/2020

December 9, 2020


            The Lieutenant Governor in Council makes the Order Dissolving the Village of Cereal 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
Foreign Ownership of Land Regulations

ORDER DISSOLVING THE VILLAGE OF CEREAL

1   In this Order,

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

                                 (b)    “dissolution date” means January 1, 2021;

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

                                 (d)    “receiving municipal authority” means Special Area No. 3;

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

2   Effective January 1, 2021,

                                 (a)    the Village of Cereal is dissolved,

                                 (b)    the former area of the village becomes part of Special Area No. 3,

                                 (c)    the former area of the village is designated as a hamlet to be known as the Hamlet of Cereal until the receiving municipal authority changes the designation in accordance with section 10 of the Special Areas Act,

                                 (d)    all liabilities of the village, whether arising under debenture or otherwise, including liabilities referred to in clause (k), and all assets, rights, duties, functions and obligations of the village are vested in the receiving municipal authority and may be dealt with in the name of the receiving municipal authority,

                                 (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and resolutions of the village continue to apply in the former area of the village until the bylaws or resolutions are repealed, amended or replaced by the receiving municipal authority,

                                 (f)    the receiving municipal authority may, by bylaw, impose an additional tax under Part 10 of the Act on property located in the former area of the village, including designated industrial property,

                                           (i)    to pay for any liabilities referred to in this section that exceed the assets referred to in this section, or

                                          (ii)    to meet obligations under a borrowing that was made by the village, prior to its dissolution, in respect of the former area of the village,

                                 (g)    a bylaw referred to in clause (f) may be passed each year until the liability or borrowing is fully paid,

                                 (h)    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 municipal authority,

                                  (i)    the employees of the village at its dissolution are deemed to be employees of the receiving municipal authority,

                                  (j)    all employment records related to past and current employees of the village are transferred to the receiving municipal authority, and

                                 (k)    all liabilities related to past and current employees of the village are transferred to the receiving municipal authority.

3(1)  The receiving municipal authority 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 municipal authority under section 2(d) and sold by the receiving municipal authority before January 1, 2026

only for the purposes of paying or reducing a liability vested in the receiving municipal authority 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 municipal authority.

4   The receiving municipal authority is responsible for

                                 (a)    preparing or ensuring completion of the village’s 2020 annual financial statements for the purposes of section 276 of the Act and the village’s 2020 financial information return for the purposes of section 277 of the Act,

                                 (b)    having an auditor report to the receiving municipal authority on the village’s 2020 annual financial statements and the village’s 2020 financial information return in the same manner as is required under section 281 of the Act for a municipality, and

                                 (c)    submitting

                                           (i)    the village’s 2020 financial information return,

                                          (ii)    the auditor’s report on the village’s 2020 financial information return,

                                         (iii)    the village’s 2020 annual financial statements, and

                                         (iv)    the auditor’s report on the village’s 2020 annual financial statements

to the Minister in the same manner as is required under section 278 of the Act for a municipality.

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)    must 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)    must be heard and decided by the assessment review board for the receiving municipal authority, 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 Cereal is excluded from the operation of those regulations.


 

Schedule
Land Description

ALL THOSE PORTIONS OF SECTIONS TWENTY-ONE (21), TWENTY-EIGHT (28) AND TWENTY-NINE (29), TOWNSHIP TWENTY-EIGHT (28), RANGE TWENTY-SIX (26) WEST OF THE FOURTH (4) MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF ROAD PLAN 4478 HX AND THE SOUTHEAST CORNER OF PLAN 3365 JK IN THE NORTHWEST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6) WEST OF THE FOURTH (4) MERIDIAN, 

THENCE NORTHWESTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 4478 HX TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE,

THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE AND PROJECTED TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION TWENTY (20), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6) WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF THE NORTH-SOUTH ROAD ALLOWANCE FOR A DISTANCE OF 12.5 METERS MORE OR LESS,

THENCE PROJECTING NORTHWESTERLY TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE AND THE SOUTHWEST CORNER OF PLAN 7094 JK IN THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE (29), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHWESTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 4478 HW TO THE POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF PLAN 881 0185 AND THE WESTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE (29), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF PLAN 881 0185 TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 493 EZ,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF PLAN 493 EZ FOR 600 METERS MORE OR LESS,

THENCE PROJECTING NORTHERLY ACROSS SAID PLAN TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF RAILWAY PLAN RW 18 AW,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF RAILWAY PLAN RW 18 AW TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE (29), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID QUARTER SECTION FOR 71 METERS MORE OR LESS,

THENCE PROJECTING EASTERLY PERPENDICULAR TO THE NORTH-SOUTH ROAD ALLOWANCE AND PARALLEL TO RAILWAY PLAN RW 18 AW FOR 110 METERS MORE OR LESS, IN THE SOUTHWESTERN QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE SOUTHERLY TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF RAILWAY PLAN RW 18 AW, IN THE SOUTHWESTERN QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF RAILWAY PLAN RW 18 AW FOR 320 METERS MORE OR LESS,

THENCE SOUTHERLY AND PARALLEL TO THE EASTERN BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 493 EZ,

THENCE SOUTHEASTERLY ALONG THE SOUTHERN BOUNDARY OF PLAN 493 EZ, TO THE POINT OF INTERSECTION OF THE NORTHEASTERN CORNER OF PLAN 841 0439,

THENCE SOUTH AND WEST ALONG THE BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE NORTHEASTERN CORNER OF PLAN 821 1641,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF PLAN 821 1641 TO THE POINT OF INTERSECTION OF SAID PLAN AND THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF PLAN 821 1641 AND THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF PLAN 841 0845 AND THE WESTERN BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE PROJECTING SOUTHERLY ACROSS THE EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE IN THE NORTHWEST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP TWENTY-EIGHT (28), RANGE SIX (6), WEST OF THE FOURTH (4) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE NORTHEASTERN BOUNDARY OF PLAN 3365 JK,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID PLAN TO THE POINT OF COMMENCEMENT.