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The Agricultural and Community District of Newdale Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of March 24, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 2

The Agricultural and Community District of Newdale Act

WHEREAS a corporation named The Agricultural and Community District of Newdale was duly incorporated by letters patent by Order Number 43182 of the Lieutenant Governor in Council dated April 30, 1925 pursuant to The Agricultural and Community District Act, being chapter 1 of The Consolidated Amendments, 1924;

AND WHEREAS the said Act was repealed by section 6 of The Obsolete Enactments Repeal Act, 1938, being chapter 29 of The Statutes of Manitoba, 1938, which further provided that "such repeal shall not prejudice or affect the rights of any agricultural and community district incorporated under that Act to exercise and enjoy the rights, powers and privileges conferred upon it thereby and it may continue to do so in the same manner as if the Act had not been repealed";

AND WHEREAS the persons hereinafter named prayed that the corporation should be continued, its powers should be enlarged, and the boundaries of its area should be altered:  Donald Ralph Graham, farmer, and Gordon Clarence Graham, farmer, both of The Rural Municipality of Blanshard, and John Hillyard Coutts, retired farmer, Clarence Edward Lamb, retired farmer, and George Wilfred Stevenson, secretary-treasurer, all of The Village of Newdale, in the Province of Manitoba;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act respecting the Agricultural and Community District of Newdale, assented to May 4, 1967;

AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Continuation

1           The Agricultural and Community District of Newdale (hereinafter referred to as "the corporation") is continued as a corporation.

Purposes and property

2           The corporation may acquire and provide community buildings, with assembly club rooms or recreation rooms and furnish the same and may acquire and equip grounds for agricultural or athletic purposes.

Head office

3           The head office of the corporation shall be at The Village of Newdale, in Manitoba, or such other place in the province as is determined by a resolution of the board of trustees.

Area of corporation

4           The lands situated in the area hereinafter described, namely:

(a) in The Rural Municipality of Harrison in Manitoba and being the most westerly four rows of sections, and sections 2, 11, 12, 13, 14, 23, 24 and 26, and the south half of section 35, and the west half of section 25, and the northwest quarter of section 1, all in township 16, in range 20, west of the principal meridian; and the west half and the southeast quarter of section 3, and all of section 4, in township 17, in range 20, west of the principal meridian;

(b) in The Rural Municipality of Strathclair in Manitoba and being the most easterly three rows of sections, and sections 4, 5 and 9, and the east halves of sections 16, 21, 28, all in township 16, and in range 21, west of the principal meridian;

(c) in The Rural Municipality of Saskatchewan in Manitoba and being sections 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, and the west half of section 35, and the northwest quarter of section 26, all in township 15, in range 20, west of the principal meridian; and

(d) in The Rural Municipality of Blanshard in Manitoba and being sections 22, 23, 24, 25, 27, 33, 34, 35 and 36, and the north half of section 13, and the east half of section 28, all in township 15, in range 21, west of the principal meridian;

comprise the Agricultural and Community District of Newdale, (hereinafter referred to as the "district").

Secretary-treasurer

5           The trustees shall appoint a secretary-treasurer.

Powers

6           The corporation has all the powers necessary to do such things as are incidental or conducive to the attainment of its objects, including, without limiting the generality of the foregoing, the power to acquire, hold and alienate both real and personal estate for all corporation purposes, and to receive by donation, acquire, hold, dispose of and convey any property, real or personal, for the use of the corporation, and to become a party to any contracts or agreements in the management of the affairs of the corporation.

Election of trustees

7(1)        The secretary-treasurer of the corporation shall, on the fourth Thursday in October in each second year subsequent to the first election of trustees, cause an election to be held for the purpose of electing five trustees who shall be electors in the area referred to in section 4, and the persons entitled to vote at the election shall be the electors of the district.

Number of trustees

7(2)        Of the five trustees to be elected, two shall be residents of The Rural Municipality of Harrison, one shall be a resident of The Rural Municipality of Strathclair, one shall be a resident of The Rural Municipality of Blanshard and one shall be a resident of The Rural Municipality of Saskatchewan.

Capital borrowing

8           The corporation may borrow for capital purposes and may issue bonds, debentures or promissory notes or mortgage the property of the corporation of the purpose of securing the repayment of the moneys borrowed.

Maintenance expenditure

9(1)        The corporation may expend for maintenance purposes in each year an amount sufficient and reasonable for that purpose.

9(2)        The maintenance money shall be raised by an annual levy of an amount of mills on each dollar of the last revised assessment on all the taxable land in the district which is reasonable and as approved at the annual meeting of the trustees.

Reserve established

10          The corporation may establish a reserve and, for the purpose of maintaining the reserve, may raise by an annual levy of an amount not exceeding 2 mills on each dollar of the last revised assessment on all the taxable land in the district.

Petition for ratepayers

11(1)       Subject to section 12, upon receipt of a petition signed by at least 60% of the ratepayers in the district, the trustees may, by by-law, authorize a capital expenditure which does not exceed the amount set out in the petition in relation thereto, and the capital expenditure may be financed by borrowing on the credit of the corporation as provided in section 8.

Levy for borrowing

11(2)       The trustees, in addition to the levy provided for in sections 9 and 10, may, by by-law, provide for a levy on all the taxable land in the district to pay for the cost of the capital expenditures or the amounts due and payable on the borrowing for such capital expenditure.

Borrowing by-law

12(1)       No by-law for raising upon the credit of the corporation any money not repayable within that fiscal year of the corporation in which the by-law is passed, shall receive third and final reading unless, after the second reading thereof, it receives the assent of the ratepayers of the district.

Assent required

12(2)       A by-law to which reference is made in subsection (1) shall be deemed not to have received the assent of the ratepayers unless at least 60% of all qualified ratepayers who actually vote thereon, have voted in favour of the by-law.

Authorization of Municipal Board

13          No by-law for raising upon the credit of the corporation any money not repayable within that fiscal year of the corporation in which the by-law is passed, and no by-law proposed to be passed by the trustees of the corporation in which the raising of money is contemplated, or in which a rate is to be levied as provided in section 11 over a period of years for the payment of any debt, shall receive third and final reading unless, after the first reading but before the second reading thereof, it is submitted to and receives the authorization of The Municipal Board of Manitoba.

Appointment of levy

14          The trustees shall apportion the annual levy for maintenance, capital expenditure and reserve upon the taxable land of each municipality situated in the district and the secretary-treasurer of each municipality which has land situated in the district shall add to the municipal levy upon land situated in the municipality and included in the district, the amount of the district levy apportioned by the trustees which shall be paid to the secretary-treasurer of the corporation as hereinafter provided, and the tax shall be a charge upon the land upon which it is levied and shall be of the same force and effect as taxes levied by the municipality in which such taxable land is situated.

Date payments due

15          Payments on account of maintenance, capital expenditure and reserve shall be due by the municipality and payable to the corporation on November 1 in each year.

Trustees' powers

16          The trustees have the exclusive control of the affairs of the corporation.

Application of The Municipal Act

17          Except were herein specifically provided, the provisions of The Municipal Act where applicable for the purpose of carrying out the provisions of this Act apply with such modifications as the circumstances require to all elections held and money by-laws passed hereunder.

Vesting of assets

18          On May 4, 1967

(a) all assets that at the time were vested in or owned by The Agricultural and Community District of Newdale were transferred to and vested in the corporation; and

(b) all liabilities of The Agricultural and Community District of Newdale at that time were charged on the corporation and became liabilities thereof.

NOTE:  This Act replaces S.M. 1966-67, c. 96.