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(Related to the Port Divestiture Program)
CREATION OF A MUNICPAL SERVICE CORPORATION (MSC) UNDER SECTION 203 OF THE MUNICIPAL ACT, 2001 (Related to the Port Divestiture Program)
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Why Create a Municipal Service Corporation?
Transport Canada wishes to transfer the Port Lands to the Mohawk Council of Akwesasne (the “MCA”) and the City of Cornwall. MCA has advised that it intends to create a business corporation to take title of its half interest. However, pursuant to the Municipal Act, a municipality cannot create a business corporation. It can, however, create a municipal service corporation (an “MSC”). The primary purpose of the proposed creation of the MSC is to take title of the Port Lands with the MCA’s business corporation. Moreover, there are advantages associated with an MSC in that it will be a separate legal entity created for the sole purpose of development, management and operation of the Port Lands.
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What will be achieved, as a result of the Creation of said Municipal Service Corporation / “MSC”?
As per the Memorandum of Understanding between the City or Cornwall and the Mohawk Council of Akwesasne, under clause 9, Land Use will be as follows: The parties recognize that the future use of the Port Lands is important, and that they will jointly work towards developing a land use plan for the Port Lands. The future land use plan will not include new industrial uses, but will consider commercial uses that focus on the promotion of tourism and on parks and open space, and on the possibility of some future residential development.
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Going forward from this point
Today’s objective is to specifically seek consultation with the public about the MSC proposal, as per section 203 of the Municipal Act. Continue the varied discussions with Transport Canada and the Mohawk Council of Akwesasne. Commence a review, under the Ontario Planning Act, to harmonize both the Official Plan Land Use designation to ‘Business District’ (B.D.) and zoning (Regulatory Land Use tool) to Cotton Mills District Redevelopment (CMDR) zone over next several months. This is a Public Process allowing further input with respect to future land use.
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