Saskatchewan, Canada, local Agenda (setting) initiative [PAX] - Petition for establishing an organized hamlet

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Saskatchewan, Canada
Political level
local
Local Name:
Petition for establishing an organized hamlet
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Organized hamlets
50(1) Subject to subsection (2), the persons within a hamlet may apply to the minister, in accordance with the procedures set out in Division 2, for the establishment of an organized hamlet within the rural municipality in which the organized hamlet is located.
(2) A hamlet that is located adjacent to another organized hamlet or a municipality other than a rural municipality may be established as an organized hamlet only if:
(a) the other organized hamlet or adjacent municipality refuses to annex the area of the hamlet;
(b) natural physical barriers separate the hamlet from the other organized hamlet or adjacent municipality;
(c) there is a lack of continuity in the development between the hamlet and the other organized hamlet or adjacent municipality; or
(d) access between the hamlet and the other organized hamlet or adjacent municipality is limited.

Resort villages and villages
51(1) Subject to subsections (2) and (3), the persons within an organized hamlet may apply to the minister, in accordance with the procedures set out in Division 2, for the incorporation of the organized hamlet as a resort village or village.
(2) To be incorporated as a resort village or village, an organized hamlet must:
(a) have been an organized hamlet for at least three years;
(b) have a population of 100 or more persons in the most recent census taken pursuant to the Statistics Act (Canada);
(c) contain 50 or more separate dwelling units or business premises; and
(d) have a prescribed minimum taxable assessment.
(3) An organized hamlet that is adjacent to another organized hamlet, or that is adjacent to a municipality other than a rural municipality, may be established as a village or resort village only if:
(a) the other organized hamlet or adjacent municipality refuses to annex the area of the organized hamlet;
(b) natural physical barriers separate the organized hamlet from the other organized hamlet or adjacent municipality;
(c) there is a lack of continuity in the development between the organized hamlet and the other organized hamlet or adjacent municipality; or
(d) access is limited between the organized hamlet and the other organized hamlet or adjacent municipality.

Public meeting
57(1) The council shall conduct the public meeting for which notice is provided in accordance with clause 56(2)(c).
(2) The proposed application and all information required to be submitted with it pursuant to section 59 must be made available at the public meeting.
(3) The council shall ensure that all persons who wish to make representations relevant to the proposed application are heard at the public meeting.
(4) The council shall ensure that minutes of the public meeting are recorded.

Application to minister
59(1) An application to the minister pursuant to Division 1 must be in the form established by the minister and be accompanied by:
(a) in the case of an application to establish an organized hamlet or to incorporate a resort village or village, the required petition together with a certificate of the administrator of the rural municipality in which the proposed organized hamlet, resort village or village is located verifying that the petitioners are voters of the hamlet or organized hamlet;
(b) a map or plan showing in detail the boundaries of:
(i) the proposed organized hamlet, resort village or village, verified by the administrator of the rural municipality in which it is located;
(ii) the proposed town, verified by the administrator of the resort village or village; or
(iii) the proposed restructured municipality, verified by theadministrators of the municipalities affected by the proposed restructuring;
(c) a legal description of any proposed boundary changes to the municipalities affected by the application and of the boundaries as changed by the proposal;
(d) an outline of plans for future growth or development of the proposed organized hamlet or municipality;
(e) except in the case of an application pursuant to clause 53(1)(a), a proposed operating and capital budget for the proposed organized hamlet or municipality and for any other municipality affected by the application;
(f) certified resolutions of the councils of any municipalities affected by the application in support of or in opposition to the application, and the councils reasons for their positions;
(g) copies of public notices, any objections, and minutes of public meetings in relation to the application;
(h) a statement setting out the population, total value of taxable assessments, and the number of dwellings and lots for each municipality and other municipality affected by the application; and
(i) in the case of an application for a restructuring, any voluntary restructuring agreement.
(2) The minister may request further information or clarification with respect to any aspect of an application made pursuant to this section.
(3) The minister may request the Saskatchewan Municipal Board to review any application made pursuant to this section.

Ministers order
61(1)
The minister may make any of the orders mentioned in subsection (2) if:
(a) the minister either:
(i) has received an application or request pursuant to Divisions 1 and 2;or
(ii) considers it to be in the public interest to do so; and
(b) the minister is of the opinion that any municipality to be established, incorporated or altered and any other municipalities that are affected by the application are viable as separate entities.

References: Chapter M-36.1*, The Municipalities Act , 2006 (2015)

Subject Matter:

To apply for establishing an organized hamlet

Actors

Author:
Voters
Initiator:
Voters
Decision maker:
Minister : Before, the council will conduct a public meeting.

Requirements

Number Of Signatures:
30 Voters who would be voters of the proposed hamlet, resort village or village
Available Time:
No information in legal source
Geographical Quorum:
Voters who would be voters of the proposed hamlet, resort village or village
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

See also the possible - ATP: To submit a question on a proposed application - in this context