RTA · Municipal Government Act
Part 4 — Formation, Fundamental Changes and Dissolution Division 1 General Criteria
135 Division 8 General Provisions Effect of certain orders
placing an area of land that was in one municipal authority, called
in this section the "old municipal authority", in another municipal
authority, called in this section the "new municipal authority", as a
result of an annexation or the formation, amalgamation or
dissolution of a municipal authority, then, unless the order provides
otherwise,
(a) the new municipal authority becomes the successor of the
old municipal authority with respect to that area of land and
the old municipal authority ceases to have any jurisdiction
with respect to that area of land,
(a.1) all taxes due to the old m unicipal authority are deemed to be
arrears of taxes due to the new municipal authority and may
be collected and dealt with by the new municipal authority
as if it had imposed the taxes,
RSA 2000
(a.2) all rights of action and actions by or against the old
municipal authority that relate to that area of land become
rights of action and actions by or against the new municipal
authority and cease to be rights of action and actions by or
against the old municipal authority,
(b) all the assets, liabilities, rights, duties, functions and
obligations of the old municipal authority that relate to that
area of land automatically pass to the new municipal
authority and cease to be those of the old municipal
authority,
(c) in the case of an amalgamation or an annexation, if at the
time of the notice under section 103 or 116 any land or any
portion of it is designated or required to be provided as a
public utility lot, environmental reserve, conservation
reserve, municipal reserve or municipal and school reserve
under Part 17 or a former Act as defined in Part 17, on the
amalgamation or annexation taking effect the ownership of
the land becomes vested in the new municipal authority in
place of the old municipal authority, and
(d) bylaws and resolutions of the old municipal authority that
apply specifically to the area of land continue to apply to it
until repealed or others are made in their place by the new
municipal authority.
(2) If the land referred to in subsection (1)(c) is sold or money
instead of land is received by the old municipal authority after a
notice of amalgamation under section 103 or a notice of annexation
under section 116 is received, the proceeds of the sale or the money
received must be paid to the new municipal authority.
(3) The new municipal authority may only use the proceeds of the
sale or the money received for purposes for which the old
municipal authority could have used it.
(4) The Lieutenant Governor in Council may
(a) authorize the council of t he new municipal authority to
impose an additional tax under Part 10 on the area of land to
meet obligations under a borrowing made by the old
municipal authority in respect of that area of land, or
(b) make any provision necessary to protect any rights that any
person has in relation to the area of land.
(4.1) The Minister may direct the transfer of assets and liabilities
from one municipal authority to another.
RSA 2000
Section 136 MUNICIPAL GOVERNMENT ACT Chapter M-26
98
(5) This section does not abrogate or affect agreements described
in section 30 or 45.
RSA 2000 cM-26 s135;2017 c13 s1(13)
(1) or a direction under section 135(4.1).
1994 cM-26.1 s136