Municipal Status and Boundary Changes
Please note that the information provided below should be used as a guide and is not to be used as a substitute for the procedures set out in The Municipalities Act.
Annexation is the process of altering municipal boundaries to add territory from one municipality to another. Because annexation involves the alteration of a municipal boundary, only one of the involved municipalities may make an application. If both municipalities agree to the annexation, the proposal must be submitted to the Community Planning Branch at the address below. If one of the involved municipalities does not consent to the proposal, an application must be made to the Municipal Boundary Committee of the Saskatchewan Municipal Board. For more information about the Muncipal Boundary Committee, checkout the link below.
Section 53(1)(a) of The Municipalities Act provides the authority for municipalities to apply for an annexation as long as the boundary of the land to be annexed is coterminous (sharing a common boundary) with the involved municipality.
While not required by legislation, involved municipalities may enter into a restructuring agreement to facilitate an annexation. Additionally, municipalities undertaking annexation may wish to negotiate tax loss compensation agreements or other details in order for the annexation to proceed. Please note that agreements that are not required by legislation are up to the involved municipalities to negotiate and are not discussed here.
If the land intended to be annexed is not coterminous with the boundary of the municipality, annexation may still be possible, but the procedures set out under merger must be followed because a voluntary restructuring agreement is required pursuant to Section 53(2). However, the end result will be an annexation, not the incorporation of a new municipality as is the case with a merger.
Section 54 of The Municipalities Act permits voters of a municipality to petition their municipal council to apply for an annexation. For more information on petitions, please see The Municipalities Act.
Once a municipal council has passed a resolution to pursue annexation, or has been sufficiently petitioned to apply for annexation, the council must prepare a notice to the public outlining its intention to apply for an annexation.
The Notice to the Public
The notice must be:
The notice must contain:
For a sample Notice to the Public, see below.
The Public Meeting
Pursuant to Section 57 of The Municipalities Act, council must conduct the public meeting and all of the material required to be included with the submission pursuant to Section 59 of The Municipalities Act must be available for public review. Please see the “application” section below for further details.
The Possibility of a Vote
Pursuant to Section 58 of The Municipalities Act:
Once a municipality has completed the required public consultation, an application for annexation may be submitted to the Ministry. An application includes a completed Form E from The Municipalities Regulations and the following schedules:
If necessary, the Minister may request further information or clarification respecting any aspect of the application. Additionally, the Minister may request the Saskatchewan Municipal Board to review an application for annexation.
Additional Information Pertaining to the Alteration of Municipal Boundaries
When applying for an alteration of boundaries, it would be appreciated if the municipality making the request provides the following information in addition to the documents required by of The Municipalities Act. This additional information will familiarize staff with the local situation and thereby assist in processing the application. Additional pages may be appended. For a sample Additional Information Form, see below.
After a review of the submission, if the Minister is of the opinion that the municipalities affected by the annexation will be viable entities, the Minister may issue an order causing the municipal boundaries to be altered. The order will state the effective date of the annexation and will describe the area being annexed and the new boundary of the municipality. From the effective date of the order, all previous boundary description orders are repealed and the new boundary description is conclusively deemed to be the legal description of the municipality.
It is important to note that all bylaws and resolutions in force in the former municipality continue in force as bylaws and resolutions of the new municipality until they are repealed or others are made in their place. This primarily affects planning and land use bylaws that will follow the land and the annexing municipality will have to amend its planning bylaws to ensure they appropriately cover the newly annexed area.
Once part of a municipality is annexed to another municipality, as soon as possible after the date of the annexation, the administrator of the municipality from which the land is taken shall provide to the administrator of the other municipality that is gaining the land:
If the application to the Minister is rejected, the Ministry will provide reasons for the decision and publish a notice of the decision in a newspaper circulated in the area of the proposal. If an application be rejected, no subsequent application that is substantially similar may be made for three years.
If no municipality objects to the boundary alteration, address the submission to:
If any municipality objects to the boundary alteration, address the submission to: