O.C. 168/2021

June 9, 2021


            The Lieutenant Governor in Council makes the Order Dissolving the Village of Hythe 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 HYTHE

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 July 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 Grande Prairie No. 1;

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

2   Effective July 1, 2021,

                                 (a)    the Village of Hythe is dissolved,

                                 (b)    the former area of the village becomes part of The County of Grande Prairie No. 1,

                                 (c)    the former area of the village is part of Division 7 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 Hythe 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   Any person nominated as a candidate in accordance with section 28(1) of the Local Authorities Election Act in the village during the period beginning on January 1, 2021 and ending on June 30, 2021 is deemed to be nominated as a candidate of the receiving municipality for the purposes of the 2021 general election.

4(1)  The receiving municipality

                                 (a)    must, before the 2025 general election, review the number of councillors that the council consists of, and

                                 (b)    may pass a bylaw in accordance with sections 143 and 144 of the Act that is to take effect at the 2025 general election to specify a higher or lower odd number of councillors.

(2)  The receiving municipality

                                 (a)    must, before the 2025 general election, review the number of wards and the boundaries of the wards within the receiving municipality, and

                                 (b)    may pass a bylaw in accordance with sections 148 and 149 of the Act that is to take effect at the 2025 general election to establish the number of wards and the boundaries of those wards.

5(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, 2027

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.

6(1)  In this section, “professional accounting firm” and “review engagement” have the meanings given to them in the Chartered Professional Accountants Act.

(2)  The receiving municipality is responsible for

                                 (a)    preparing or ensuring completion of financial statements for the village in respect of the period from January 1, 2021 to June 30, 2021, and

                                 (b)    having a professional accounting firm complete a review engagement in respect of the financial statements referred to in clause (a) within 6 months after the dissolution date.

(3)  Despite subsection (2)(b), the receiving municipality may elect to have a professional accounting firm complete an audit, rather than a review engagement, in respect of the financial statements referred to in subsection (2)(a).

(4)  The receiving municipality shall, as soon as practicable after receiving the review engagement or auditor’s report,

                                 (a)    make the financial statements, or a summary of them, and the review engagement or auditor’s report available to the public in the manner the council considers appropriate, and

                                 (b)    submit copies of the financial statements or auditor’s report and the review engagement to the Minister.

7   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.

8   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.

9   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 Hythe is excluded from the operation of those regulations.


 

Schedule
Land Description

ALL THOSE PORTIONS OF SECTIONS THIRTEEN (13), FOURTEEN (14), TWENTY-THREE (23), TWENTY-FOUR (24), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE WEST BOUNDARY OF PLAN 4093 BM AND THE NORTH BOUNDARY OF PLAN 782 3535 IN THE SOUTHEAST QUARTER SECTION THIRTEEN (13), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE WESTERLY ALONG THE NORTH BOUNDARY OF PLAN 782 3535 TO THE INTERSECTION OF PLAN 3171 JY,

THENCE NORTHWESTERLY ALONG THE EAST BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTH BOUNDARY OF THE NORTHWEST QUARTER SECTION THIRTEEN (13), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID QUARTER SECTION TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER SECTION FOURTEEN (14), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE NORTHWEST CORNER OF SOUTHEAST QUARTER SECTION TWENTY-THREE (23), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID QUARTER SECTION TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER TO THE POINT OF INTERSECTION WITH THE NORTHWEST BOUNDARY OF PLAN 5952 HW IN SOUTHEAST QUARTER SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID PLAN TO THE NORTHEAST CORNER OF SAID PLAN,

THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID PLAN TO THE INTERSECTION WITH THE NORTH BOUNDARY OF PLAN 2705 EO,

THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID PLAN FOR A DISTANCE OF 155 METRES MORE OR LESS,

THENCE A PROJECTION SOUTH ACROSS PLAN 2705 EO TO THE INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PLAN,

THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF PLAN 2705 EO TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION THIRTEEN (13), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF SAID QUARTER TO THE INTERSECTION WITH NORTH BOUNDARY OF PLAN 4093 BM IN THE SOUTHEAST QUARTER OF SECTION THIRTEEN (13), TOWNSHIP SEVENTY-THREE (73), RANGE ELEVEN (11), WEST OF THE SIXTH (6) MERIDIAN,

THENCE SOUTHWESTERLY ALONG THE WEST BOUNDARY OF SAID PLAN TO THE POINT OF COMMENCEMENT.