Resolution No.  4 -07M
Organized Hamlet Status

WHEREAS The Municipalities Act defines a hamlet as an unincorporated community with 5 or more dwellings individually situated on lots, blocks or parcels and at least 10 subdivided lots, blocks, or parcels, the majority of which are an average size of less than 1 acre;

WHEREAS persons within a hamlet may apply to the minister in accordance with procedures set out in The Municipalities Act, for the establishment of an organized hamlet within the rural municipality in which the organized hamlet is located;

WHEREAS Section 55(1) (b) of The Municipalities Act provides that one of the requirements is a petition that contains the signatures of at least 30 persons who would be voters of the proposed organized hamlet, resort village or village if it were established or incorporated;

WHEREAS the petition must be in a form established by the minister;

WHEREAS The Municipalities Regulations has the required form contained within as FORM D;

WHEREAS the form established by the minister does not require persons signing to date their signature, resulting in petitions being submitted with deceased and previous landowners names and signatures;

WHEREAS rural municipalities are being encouraged to work with their neighboring municipalities, both rural and urban, to provide sustainable community development services by pooling money and resources; and

WHEREAS the formation of more organized hamlets removes money and resources from the municipality as a whole;

BE IT RESOLVED, that the Minister of Government Relations be requested to amend Section 55 (1) (b) of The Municipalities Act to read “contain the signatures of at least 30 persons representing at least two-thirds of the voters of the hamlet”; and

FURTHER BE IT RESOLVED that FORM D of The Municipalities Regulations be amended to include a dated signature.

MINISTRY OF MUNICIPAL AFFAIRS RESPONSE

·         The proposed change would make the process of petitioning for a change of status from hamlet to organized hamlet or from organized hamlet to a village or resort village more difficult.  We would want to consider whether or not this is desirable.  It would have no effect on the decision-making process once a petition had been submitted.

·         Municipal Affairs is prepared to work with SARM at its request to clarify the intent of the resolution and to develop options for consideration, including an option that would require that signatures on a petition for a change in municipal status be collected within a particular time frame.