Transitional Membership Regulation (Alta. Reg. 337/1990)

Alta. Reg. 337/1990

Alberta — Regulations

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(no amdt) ALBERTA REGULATION 337/90 Metis Settlements Act TRANSITIONAL MEMBERSHIP REGULATION Table of Contents 1

Definitions 2 Settlement councils ’ membership lists 3 Minister ’s membership lists 4 Settlement Membership Interim Report 5 Posting Interim Report 6 Revisions after posting 7 Settlement Membership Final Report 8 Confirmed settlement members 9 Claim of membership 1 0 Other membership claims 1 1 Appeal Tribunal decision 1 2 Rights of persons in uncertain status 1 3 Membership determination by Appeal Tribunal 1 4 Termination of membership

Definitions 1 In this Regulation, (a) “Act” mean the Metis Settlements Act; (b) “Commissioner” means the person appointed as Commissioner under the Metis Settlements Accord Implementation Act or the person acting as Commissioner; (c) “Final Report” means the Settlement Membership Final Report referred to in

section 7; (d) “Interim Report” means the Settlement Membership Interim Report referred to in

section 4. AR 337/90 s1 Settlement councils’ membership lists 2(1) Every settlement council must give the Commissioner a list of names of the persons who, on the day that the former Act is repealed, are shown on the records maintained by the settlement

Section 3 AR 337/90 TRANSITIONAL MEMBERSHIP REGULATION 2 association under the former Act as members of the settlement association.

(2) The list of names must be given to the Commissioner within 21 days after the date this Regulation comes into force or within such longer period as is agreed to by the Commissioner and the settlement council concerned.

(3) If a settlement council fails to give the Commissioner a list of names within the 21 days or any agreed extension of time, the list prepared by the Minister for that settlement is the settlement council’s list for the purposes of this Regulation. AR 337/90 s2 Minister’s membership lists 3(1) The Minister must give the Commissioner a list of names of the persons who, on the day that the former Act is repealed, are shown on the records maintained by the Minister as members of each settlement association under the former Act.

(2) The list of names must be given to the Commissioner within 21 days after the date this Regulation comes into force. AR 337/90 s3 Settlement Membership Interim Report 4(1) The Commissioner must prepare a Settlement Membership Interim Report that sets out, for each settlement, (

a) under the title “confirmed settlement members”, the names of persons appearing on both the Minister’s list of names and the settlement council’s list of names for that settlement, and (

b) under the title “uncertain s tatus”, the names of persons appearing on only one of the 2 lists for that settlement.

(2) When preparing the Interim Report the Commissioner may check any information the Commissioner considers necessary.

(3) The Commissioner may, before the Interim Report is posted pursuant to

section 5, add names to, amend names on or delete names from (

a) a settlement council’s lis t, with the consent of the settlement council, and (

b) the Minister’s list, with t he consent of the Minister. AR 337/90 s4

Section 5 AR 337/90 TRANSITIONAL MEMBERSHIP REGULATION 3 Posting Interim Report 5(1) As soon as possible after the Interim Report has been prepared, the Commissioner must post a copy of the Report in each settlement office and in the office of the General Council and otherwise publicize the Report.

(2) The Commissioner must make every reasonable effort to notify the persons whose names are set out under the title “uncertain status” in the Interim Report of their classification and to tell them how and when a claim for membership may be made. AR 337/90 s5 Revisions after posting 6 The Commissioner may, after the Interim Report is posted, add names to, amend names on or delete names from the Report (

a) in respect of a settlement c ouncil’s list, with the consent of the settlement council, and (

b) in respect of the Minister’s list, with the consent of the Minister. AR 337/90 s6 Settlement Membership Final Report 7(1) The Commissioner must, on or before December 31, 1990 or such later date as is agreed to by the Minister and the General Council, prepare a Settlement Membership Final Report that is in the same form as the Interim Report and that contains all the revisions made under

section 6.

(2) As soon as possible after the Final Report has been prepared, the Commissioner must post the Final Report in each settlement office and in the office of the General Council and otherwise publicize the Report. AR 337/90 s7 Confirmed settlement members 8 A person whose name is set out under the title “confirmed settlement members” in the Final Report is a member of the settlement indicated in the Final Report. AR 337/90 s8 Claim of membership 9 A person whose name is set out under the title “uncertain status” in the Interim Report or Final Report may

Section 10 AR 337/90 TRANSITIONAL MEMBERSHIP REGULATION 4 (

a) notify the Commissioner that no claim of membership will be made, or (

b) file a written claim of m embership with the Appeal Tribunal on or before 90 days after the Final Report is posted in the office of the General Council. AR 337/90 s9 Other membership claims 10(1) No person may file a claim for membership with the Appeal Tribunal under this Regulation unless the name of that person is set out under the title “uncertain status” in the Interim Report or Final Report.

(2) Nothing in this Regulation prevents a person whose name is not set out in the Interim Report or Final Report, or who loses a right to claim membership under this Regulation, from applying to become a settlement member under the Act. AR 337/90 s10 Appeal Tribunal decision 11(1) On receipt of a claim of membership under this Regulation, the Appeal Tribunal must hold a hearing on the matter after giving everyone it considers affected reasonable notice of the date, time and place of the hearing.

(2) The Appeal Tribunal must make its decision on the basis of (

a) whether the claimant was treated as a member of the settlement association under the former Act, and (

b) if the claimant was treated as a member, whether, in all the circumstances, fairness requires the claimant to be named a settlement member. AR 337/90 s11 Rights of persons in uncertain status 12(1) A person whose name is set out under the title “uncertain status” in the Interim Report or Final Report ceases to be a settlement member (a) 90 days after the Final Rep ort is posted in the office of the General Council, unless the person has filed a claim of membership with the Appeal Tribunal on or before that day, and (

b) if the person has filed a claim of membership on or before 90 days after the Final Report is posted in the office of the

Section 13 AR 337/90 TRANSITIONAL MEMBERSHIP REGULATION 5 General Council, when the Appeal Tribunal determines that the person is not a settlement member.

(2) The cessation of membership of a person referred to in subsection (1)(

b) is subject to an appeal under

section 204 of the Act. AR 337/90 s12 Membership determination by Appeal Tribunal 13 A person who is determined to be a settlement member by the Appeal Tribunal as a result of a claim of membership made under this Regulation is a member of the settlement indicated by the Appeal Tribunal. AR 337/90 s13 Termination of membership 14 The settlement membership of a person who is a member under

section 8 or 13 of this Regulation may be terminated in accordance with the Act. AR 337/90 s14

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 337/1990
Type	regulation
Volume / chapter	1990 337
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0f75a1cb1dba334fab1006c8664188e70e2f6be4

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