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 Friday, February 24, 2017 

 

Municipal Boundary Extension Process

Municipal Boundary Extension Process

Municipality seeking to annex an area which currently has no municipal government


The following represents an excerpt from the Municipalities Act R.S.P.E.I.:

Section 12 outlines the Municipality's Role:

Annexation of area having no municipal government

12. (1)  Where a municipality wishes to extend its boundaries to include an area for which no municipal government is provided under this Act, it may apply to the Minister for approval of the annexation of that area.

Notice of proposed annexation

(1.1)  No application shall be made under subsection (1) unless, at least four weeks prior to the date on which the council proposes to adopt the resolution extending the boundaries of the municipality, the council causes a written notice to be sent to the residents of the area to be annexed, together with

    (a) a copy of the proposed resolution;
    (b) a map illustrating the area to be annexed identifying the relevant properties by parcel number;
    (c) a statement of the reasons for the extension;
    (d) a statement of the municipal services to be provided in the annexed area;
   

(e) a statement of the financial implications with respect to real property tax and rates for municipal services.

Resolution of council

(2)  No application shall be made under subsection (1) unless supported by a resolution of the council.

Application

(3)  An application shall set out

    (a) in general terms, the geographical boundaries of the area to be annexed;
    (b) the reasons in favour of the proposed annexation; and
   

(c) the services to be provided and the level of municipal taxation to be applied to residents of the annexed area. 1983,c.33,s.12; 1995,c.32,s.7.

Section 13 outlines the Commission's Role:

Public hearing

13. (1)  On receipt of an application, the Minister shall direct the Island Regulatory and Appeals Commission to conduct a public hearing in or near the area to be annexed for the purpose of reviewing the application.

Notice

(2)  Notice of the public hearing shall be published in the Gazette and on at least two occasions in a newspaper circulating in the area, indicating

    (a) in general terms, the content of the application;
    (b) the date, time and place of the meeting which shall be held not less than fourteen days after the date of publication of the first notice in a newspaper;
   

(c) that residents of the municipality and the area to be annexed and any persons affected by the application are invited to attend and make representations concerning the application.

Procedure

 (3)  The Commission shall determine all matters of procedure at the public meeting.

Recommendation of Commission

(4)  The Commission shall review the representations made at the public meeting and shall make a recommendation to the Minister as to whether the proposed annexation is justified for municipal purposes having regard to

    (a) the future development of the municipality;
    (b) administrative convenience;
   

(c) any significant loss of productive agricultural land. 1983,c.33,s.13; 1991,c.18,s.22 {eff.} Nov. 4/91; 1994,c.41,s.4 {eff.} July 28/94.

Section 14 outlines Executive Council's Role:

Decision

14. (1)  The Minister shall present the application, together with the recommendation of the Island Regulatory and Appeals Commission, to the Lieutenant Governor in Council.

Order

(2)  The Lieutenant Governor in Council may, by order published in the Gazette, approve or reject the application and order that the boundaries of the municipality be extended to annex the area in accordance with the application.

Effect of order

(3)  Where an order extending the boundaries is made under subsection (2), the annexed area becomes for all purposes part of the municipality and is subject to all bylaws in force in the municipality to which it is annexed. 1983,c.33,s.14; 1991,c.18,s.22 {eff.} Nov. 4/91; 1994,c.41,s.4 {eff.} July 28/94.

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