O.C. 385/2020

December 9, 2020


            The Lieutenant Governor in Council makes the Order Dissolving the Village of Dewberry 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 DEWBERRY

1   In this Order,

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

                                 (b)    “designated industrial property” has the meaning given to it in section 284(1)(f.01) of the Act;

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

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

                                 (e)    “receiving municipality” means the County of Vermilion River;

                                 (f)    “village” means the Village of Dewberry.

2   Effective January 1, 2021,

                                 (a)    the Village of Dewberry is dissolved,

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

                                 (c)    until the receiving municipality passes a bylaw pursuant to section 148 of the Act that provides otherwise, the former area of the village remains part of Division 7 of the receiving municipality as established by Ministerial Order 448/77,

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

                                 (e)    all liabilities of the village, whether arising under debenture or otherwise, including liabilities referred to in clause (l), 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,

                                 (f)    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,

                                 (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, 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,

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

                                  (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 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(e) and sold by the receiving municipality before January 1, 2026

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.

4   The receiving municipality 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 council of the receiving municipality 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 the receiving 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 the receiving 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 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 Dewberry is excluded from the operation of those regulations.


 

Schedule
Land Description

ALL THOSE PORTIONS OF SECTIONS FIFTEEN (15), SIXTEEN (16), TWENTY-ONE (21) AND TWENTY-TWO (22), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEAST BOUNDARY OF RAILWAY RIGHT OF WAY PLAN 4999 CL AND THE NORTHERN BOUNDARY OF SECTION FIFTEEN (15), TOWNSHIP (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE WESTERLY ALONG THE NORTHERN BOUNDARY OF SAID SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 4999 CL AND THE NORTHEAST CORNER OF PLAN 802 1410,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF PLAN 802 1410 TO THE NORTHEAST CORNER OF SAID PLAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF PLAN 802 1410 TO THE SOUTHEAST CORNER OF SAID PLAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF PLAN 802 1410 TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF SECTION FIFTEEN (15), TOWNSHIP (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID SECTION FOR A DISTANCE OF 41 METERS MORE OR LESS,

THENCE A PROJECTION WEST ACROSS THE NORTH-SOUTH ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE SOUTHEASTERN BOUNDARY OF PLAN 2238 HW AND THE EASTERN BOUNDARY OF THE NORTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID SECTION FOR A DISTANCE OF 41 METERS MORE OR LESS,

THENCE WESTERLY AND PARALLEL TO THE NORTHERN BOUNDARY OF SAID SECTION TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF LEGAL SUBDIVISION SIXTEEN (16),

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF LEGAL SUBDIVISION SIXTEEN (16) TO THE POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF SAID LEGAL SUBDIVISION AND THE SOUTHWEST CORNER OF LEGAL SUBDIVISION ONE (1) IN THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID LEGAL SUBDIVISION FOR A DISTANCE OF 141 METERS MORE OR LESS,

THENCE NORTHWESTERLY AND PARALLEL TO THE SOUTHERN BOUNDARY OF PLAN 5429 CL FOR A DISTANCE OF 745 METERS MORE OR LESS,

THENCE PROJECTING NORTHERLY AND PERPENDICULAR TO PLAN 5612 CL TO THE POINT OF INTERSECTION WITH THE SOUTHWEST BOUNDARY OF PLAN 084 0512 IN THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN TO THE INTERSECTION WITH THE NORTHERN BOUNDARY OF PLAN 4749 RS,

THENCE SOUTHEASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF LOT A, PLAN 892 0118 AND THE WESTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF PLAN 892 0118 TO THE NORTHWEST CORNER OF SAID PLAN,

THENCE A PROJECTION SOUTHEASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN AND PARALLEL TO THE NORTHERN BOUNDARY OF PLAN 8443 ET TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FOURTH (4) MERIDIAN,

THENCE A PROJECTION SOUTHEASTERLY ACROSS THE NORTH-SOUTH ROAD ALLOWANCE TO THE NORTHEAST CORNER OF LOT B, PLAN 762 1707 IN THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FIFTY-THREE (53), WEST OF THE FOURTH (4) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF LOT 2, PLAN 812 1505 IN THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FIFTY-THREE (53), WEST OF THE FOURTH (4) MERIDIAN,

THENCE A PROJECTION SOUTH AND PARALLEL TO THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF PLAN 4999 CL,

THENCE SOUTHEASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN TO THE POINT OF COMMENCEMENT.