O.C. 250/2013

August 13, 2013


            The Lieutenant Governor in Council, effective August 31, 2013,

            (a)        dissolves the Village of Tilley,

            (b)        directs that the land described in Appendix A becomes part of the County of Newell,

            (c)        directs that the assessor for the County of Newell must keep the assessment and tax rolls for the land described in Appendix A separate from the assessment and tax rolls for other land in the County of Newell for the period from August 31, 2013 to December 31, 2013, inclusive, and

            (d)       makes the Order in Appendix B.

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 A

 

HAMLET OF TILLEY

 

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTEEN (17), RANGE THIRTEEN (13), WEST OF THE FOURTH MERIDIAN COMMENCING AT THE SOUTHWEST CORNER OF BLOCK D, PLAN 6336 AF;

THEN SOUTH-EASTERLY ALONG THE SOUTHERN BOUNDARY OF BLOCK D AND THE SOUTHERN BOUNDARY OF THE STATION GROUNDS OF CANADIAN PACIFIC RAILWAY PLAN RY 11 TO THE SOUTHEAST CORNER OF PLAN RY 11 IN THE SOUTHWEST QUARTER OF SECTION NINETEEN (19), TOWNSHIP SEVENTEEN (17), RANGE TWELVE (12), WEST OF THE FOURTH MERIDIAN;

THEN NORTH-EASTERLY APPROXIMATELY 121.52 METERS TO THE NORTHERLY BOUNDARY OF PLAN RY 11;

THEN NORTH-WESTERLY ALONG THE NORTHERLY BOUNDARY OF PLAN RY11 TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 1180 EI;

THEN NORTH-EASTERLY ALONG THE WESTERLY BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 1180 EI FOR APPROXIMATELY 30.45 METERS;

THEN EAST TO THE EASTERN BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 061 3517.

 

ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION NINETEEN (19), TOWNSHIP SEVENTEEN (17), RANGE TWELVE (12), WEST OF THE FOURTH MERIDIAN COMMENCING AT THE EASTERN BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 061 3517;

THEN NORTH-EASTERLY ALONG THE CURVATURE OF CANAL RIGHT-OF-WAY PLAN 061 3517 TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF LEGAL SUBDIVISION 13 IN SAID QUARTER SECTION;

THEN EAST ALONG THE SOUTHERN BOUNDARY OF LEGAL SUBDIVISIONS 13 AND 14;

THEN NORTH FOR APPROXIMATELY 201.06 METERS TO THE NORTH BOUNDARY OF THE SOUTH HALF OF LEGAL SUBDIVISION 14;

THEN WEST ALONG THE NORTH BOUNDARY OF THE SOUTH HALF OF LEGAL SUBDIVISIONS 13 AND 14 TO THE POINT OF INTERSECTION WITH BLOCK Y, PLAN 6336 AF;

THEN SOUTH-WESTERLY TO THE NORTH-EASTERLY BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 061 3517;

THEN NORTH-WESTERLY FOR APPROXIMATELY 25.30 METERS TO THE WESTERLY BOUNDARY OF ROAD DIVERSION PLAN 2400 EZ;

THEN NORTH AND NORTH-WESTERLY FOLLOWING THE CURVATURE OF ROAD DIVERSION PLAN 2400 EZ;

THEN WEST TO THE POINT OF INTERSECTION OF CANAL RIGHT-OF-WAY PLAN IRR 1180 EI WITH THE EAST BOUNDARY OF NORTH STREET IN THE NORTHEAST QUARTER OF SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTEEN (17), RANGE THIRTEEN (13), WEST OF THE FOURTH MERIDIAN.

 

COMMENCING AT THE POINT OF INTERSECTION OF CANAL RIGHT-OF-WAY PLAN IRR 1180 EI WITH THE EAST BOUNDARY OF NORTH STREET IN THE NORTHEAST QUARTER OF SECTION TWENTY-FOUR (24), TOWNSHIP SEVENTEEN (17), RANGE THIRTEEN (13), WEST OF THE FOURTH MERIDIAN;

THEN SOUTH ALONG THE EASTERN BOUNDARY OF NORTH STREET FOR APPROXIMATELY 180.24 METERS TO THE EASTERN BOUNDARY OF SECOND STREET WEST;

THEN SOUTH-WESTERLY FOR APPROXIMATELY 47.95 METERS ALONG THE EASTERN BOUNDARY OF SECOND STREET WEST;

THEN NORTH-WESTERLY APPROXIMATELY 20.12 METERS ACROSS SECOND STREET WEST AND APPROXIMATELY 86.99 METERS ALONG THE SOUTH-WESTERLY BOUNDARY OF LOT 1, BLOCK 1, PLAN 081 3191;

THEN NORTH-EASTERLY APPROXIMATELY 59.87 METERS ALONG THE NORTHWEST BOUNDARY OF LOT 1, BLOCK 1, PLAN 081 3191;

THEN NORTH-WESTERLY APPROXIMATELY 85.89 METERS TO THE NORTH-WESTERN BOUNDARY OF CANAL RIGHT-OF-WAY PLAN 081 3192;

THEN SOUTH-WESTERLY FOR APPROXIMATELY 271.22 METERS TO THE POINT OF INTERSECTION WITH ROAD RIGHT-OF-WAY PLAN 1256 EZ;

THEN SOUTH-EASTERLY APPROXIMATELY 192.66 METERS TO THE SOUTH-EASTERN BOUNDARY OF SECOND STREET WEST; 

THEN SOUTH-WESTERLY FOR APPROXIMATELY 152.38 METERS TO THE POINT OF COMMENCEMENT.

 

APPENDIX B

ORDER

 

1          In this Order,

 

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

            (b)        “dissolution date” means August 30, 2013;

(c)        “former area of the village” means the land in the Village of Tilley before the dissolution date;

            (d)       “receiving municipality” means the County of Newell;

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

 

2          The former area of the village is part of electoral division 2 of the receiving municipality until the receiving municipality passes a bylaw pursuant to section 148 of the Act that provides otherwise.

 

3(1)      The former area of the village is designated as a hamlet to be known as the Hamlet of Tilley until the council of the receiving municipality changes the designation in accordance with section 59 of the Act.

 

(2)        The boundaries of the Hamlet of Tilley are described in Appendix A.

 

4          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.

 

5          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.

 

6(1)      If the liabilities of the village exceed the assets of the village, 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 linear property as defined in section 284(1)(k) of the Act, to pay for those excess liabilities.

 

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

 

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

            (b)        in respect of the former area of the village.

 

(3)        A bylaw referred to in subsection (2) may be passed each year until the borrowing is fully repaid.

 

7          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.

 

8(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 under section 4 in the receiving municipality and sold by the receiving municipality before December 31, 2018

only for the purposes of paying or reducing a liability vested in the receiving municipality on the dissolution of the village, or for projects in the former area of the village.

 

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

 

9(1)      The employees of the village at its dissolution are deemed to be employees of the receiving municipality.

 

(2)        All employment records related to past and current employees of the village are transferred to the receiving municipality.

 

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

 

10(1)    For the period January 1, 2013 up to and including the dissolution date, sections 276, 277 and 278 of the Act do not apply to the village and the receiving municipality shall appoint an auditor to complete a review engagement of all financial transactions of the village for that period.

 

(2)        The scope of the review engagement shall be determined in accordance with the generally accepted auditing standards for municipal governments.

 

11        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, and

 

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

 

12        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.

 

13        Pursuant to section 14(1)(e) of the Foreign Ownership of Land Regulations, the land within the boundaries of the Hamlet of Tilley is excluded from the operation of those Regulations.