O.C. 386/2020

December 9, 2020


            The Lieutenant Governor in Council makes the Order Dissolving the Village of Wabamun 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 WABAMUN

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 Parkland County;

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

2   Effective January 1, 2021,

                                 (a)    the Village of Wabamun is dissolved,

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

                                 (c)    the former area of the village is part of the electoral ward established as Division 5 by bylaw of the receiving municipality until the receiving municipality passes a bylaw pursuant to section 148 of the Act that provides otherwise,

                                 (d)    the former area of the village is designated as a hamlet to be known as the Hamlet of Wabamun 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 Wabamun is excluded from the operation of those regulations.


 

Schedule
Land Description

ALL THAT PORTION OF SECTION TWO (2), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FIFTH (5) MERIDIAN LYING NORTH AND EAST OF THE NORTHERN AND EASTERN BOUNDARIES OF REGISTERED PLAN 1142 E.T. AND NOT COVERED BY THE WATERS OF WABAMUN LAKE.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION TEN (10), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FIFTH (5) MERIDIAN INCLUDED IN PLAN 922 2496.

ALL THAT PORTION OF SECTION ELEVEN (11), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH OF THE SOUTHERN BOUNDARY OF ROAD PLAN 5253 J.Y. AND NOT COVERED BY THE WATERS OF WABAMUN LAKE.

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION TWELVE (12), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH AND WEST OF THE SOUTHERN AND WESTERN BOUNDARIES OF REGISTERED PLAN 3062 M.C. AND NOT COVERED BY THE WATERS OF WABAMUN LAKE; LEGAL SUBDIVISION TWELVE (12) OF THE SAID SECTION AND THAT PORTION OF LEGAL SUBDIVISION THIRTEEN (13) OF THE SAID SECTION LYING SOUTH OF THE SOUTHERN BOUNDARY OF ROAD PLAN 5253 J.Y.

ALL THAT PORTION OF LEGAL SUBDIVISION THIRTEEN (13), LEGAL SUBDIVISION FOURTEEN (14) AND LEGAL SUBDIVISION (15) OF SECTION ONE (1), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4) WEST OF THE FIFTH (5) MERIDIAN NOT COVERED BY THE WATERS OF WABAMUN LAKE.

ALL ADJOINING GOVERNMENT ROAD ALLOWANCES IN SECTIONS ONE (1), TWO (2), ELEVEN (11) AND TWELVE (12), TOWNSHIP FIFTY-THREE (53), RANGE FOUR (4), WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH OF THE SOUTHERN BOUNDARY OF ROAD PLAN 5253 J.Y. AND NORTH OF THE NORTHERN SHORE OF WABAMUN LAKE.