Bill 35 — Metis Settlements Act (Legislature 22, Session 2)

L22 S2 2710

Alberta — Bills

1990 Bn.L 35 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 METIS SETTLEMENTS ACT MS. CALAHASEN First Reading Second Reading Committee of tiie Whole Thud Reading Royal Assent

Bill 35 Ms. Calahasen BILL 35 1990 METIS SETTLEMENTS ACT (Assented to , 1990) Table of Contents

Definitions

Part 1 Metis Settiements Division 1 Settlements Established Establishment 2 Corporate powers 3 Settiement office 4 Aimual meetings 5 Special general meetings 6 Dissolution 7 Division 2 Settiement Councils Council composition 8 Term of office 9 Settlement chairman 10 Resignation 11 Division 3 Settiement Elections Election day 12 Election procedure 13 Eligibility to vote 14 Candidates for councillor 15 Agreement disclosures 16

Ineligible candidates 17 First elections 18 Second elections 19 Third and subsequent elections 20 Vacancies 21 By-elections 22 Oatii of office 23 Division 4 Resignations, Disqualifications and Insufficient Councillors Resignation 24 Disqualification 25 Duty to resign if disqualified 26 Inadvertence or genuine error 27 Appeal 28 Costs may be reimbursed 29 Insufficient coimcUlors 30 Official manager 31

Part 2 Settlement Council Decision Making Division 1 Settiement Coimcil Meetings Organizational meetmgs 32 Regular council meetings 33 Special council meetings 34 By-laws for special meetmgs 35 Open meetings 36 Committee meetings 37 Procedure at meetings 38 Conflict disclosures 39 Absence of quorum 40 Valid proceedings 41 Meeting procedures 42 Division 2 Decisions Generally Kinds of decision 43 Publication of documents 44 Recording decisions 45 Muiutes 46 Resolutions 47

Division 3 Staff and Committees Settlement employees 48 Delegation 49 Division 4 Making By-laws Geographic jurisdiction 50 By-law authority 51 Enactment of by-laws 52 By-laws must be passed witiiin 2 years of first readuig 53 Public notice of by-laws 54 Approval of by-laws 55 Emergencies 56 Petitition for a by-law 57 Contents of petition 58 Sufficiency of a petition 59 By-law prepared based on petition 60 Effective date 61 Sealing by-laws 62 By-law penalties 63 Money payable is a debt 64 Division 5 Enforcement Inspections 65 Inspections of dwelling house 66 Documents and samples 67 Enforcement notices 68 Problem remedied 69 By-law enforcement 70 Joint agreements 71 Division 6 Provmcial Law and Regulations Consistency with provincial law 72 Regulations 73

Part 3 Settiement Membership Division 1 Settiement Membership Applications Application criteria 74 Indians and Inuit 75 Provmg Metis identity 76 Considering membership applications 77

Membership decisions 78 Decision on applications 79 Membership approvals 80 Membership records 81 Membership in one settlement ordy 82 Appeals 83 Appeal Tribimal hearmg 84 Division 2 Leaves of Absence and Termination of MembCTship Leave of absence Termination witiim member's probationary period Termination of settiement membership Notice of decision and appeal Tribunal decision Automatic termination Effect of tennination Right of residence Contmumg entitiement to reside Appeal Land allocation cancelled Division 3 Settlement Members List Establishment Entering names on tiie Settiement Members List 85 86 87 88 89 90 91 92 93 94 95 96 97 Confidentiality 98

Part 4 Settlement Land Division 1 Patented Land Creation of rights and interests in patented land 99 Limits on usmg mterests in patented land as security 100 Interests in patented land exempt from seizure 101 Division 2 Metis Settiements Land Registty Metis Settlements Land Registry regulations 102 Registtar 103 Effect of registtation 104

Division 3 Subdivision Subdivision and development approval 105 Subdivision of patented land 106 Planning regulations 107 Division 4 Expropriation Expropriation 108 Division 5 Highways Highways 109 Division 6 Regulations for Hazards Regulations for hazards 110 Division 7 Access to Patented Land Defimtions 111 Application 112 Purpose 113 Entry onto the surface of patented land restricted 114 Application for right of entry 115 Right of entry orders 116 Nctification of right of entry order 117 Determining compensation 118 Rehearing and review of decisions 119 Termination of right of entry order 120 Recovery of compensation 121 Costs of appeal 122 Review of rate of compensation 123 Notice to review rate of compensation 124 Application for a hearing 125 Order for compensation 126 Surface lease amended 127 Review initiated by lessors or occupants 128 Right to damages 129

Part 5 Fishing Fisheries Act (Canada) 130 Fishing in settiement area 131 Fishing for sustenance 132 Commercial fishing licences 133

Part 6 Financial Administtation Division 1 Metis Settiements Consolidated Fund Establishment 134 Accounts and records 135 Directives and rules 136 Consolidated Fund administtation policy 137 Nature of die Consolidated Fund 138 Fmancial year 139 Payments uito the Consolidated Fund 140 Money received for 2 or more purposes 141 Payments out of the Consolidated Fund 142 Deductions from payments 143 Division 2 General Council Financial Allocation Policy Annual financial allocation policy 144 Amendments to allocation policies 145 Expiration of budget authorizations 146 Cheques and other instruments 147 Division 3 Settlement Funds Establishment of settlement funds 148 Accounts and records 149 Directives and rules 150 Settiement funds administtation by-law 151 Namre of the settlement fund 152 Financial year 153 Payments into settiement funds 154 Money received for 2 or more purposes 155 Payments out of settlement funds 156 Division 4 Settiement Budgets Annual settlement budgets 157 Expiration of budget authorizations 158 Cheques and other instruments 159

Division 5 Protection of the Consolidated Fund and Settlement Funds Audits and inspection 160 Exammmg and taking away records 161 Confidential uiformation 162 Audit 163 Financial AdminisQ-ation Act not to apply 164 Division 6 Other Financial Matters Financial and funding agreements 165 Assessment and taxation 166 Tax on well-drilling equipment 167 Development levy by-laws 168 Development levy regulation 169 Division 7 Protecting the Public Interest Budget, accountmg and audits 170 Inspections and investigations 171 Petition 172 Powers of inspectors and investigators 173 Report of inspector or investigator 174 B^ik accounts 175 Improper management 176 Misuse of funds 177 Comptt-oUer 178 Replacing councillors, officials or employees 179

Part 7 Metis Settlements Appeal Tribunal Division 1 Establishment Composition 180 Unsatisfactory nominees for chairman 181 Appeal Tribunal chairman 182 Terms of office and vacancies 183 Panels of tiie Tribunal 184 Jurisdiction of panels 185 Division 2 Metis Settiements Appeal Tribunal Land Access Panels Land Access Panel 186 Existing Leases Land Access Panel 187

Division 3 Jurisdiction Altemative methods of dispute resolution 188 Responsibilities 189 Decisions 190 Costs 191 Considerations when making decision 192 How decisions are made 193 Division 4 Procedural Matters Commissioner for oaths 194 Rules of procedure 195 Rules of evidence not to apply 196 Notice to attend or produce 197 Protection of wimesses 198 Technical irregularities 199 Division 5 Decisions Written decisions 200 Directions about when orders come into force 201 Time extensions 202 Registration in Metis Settiements Land Registry 203 Division 6 Appeals to the Court of Appeal Appeals to the Court of Appeal 204 Decision about the leave application 205 Appeal Tribunal to be named as respondent 206 Decision of the Court of Appeal 207 Finality of Appeal Tribunal decisions 208 Enforcement of decisions 209 Division 7 Staff and Resources Employees 210 Report 211 Immunity 212 Appeal Tribunal funding 213

Part 8 Metis Settlements General Council Division 1 Establishment Corporation established 214 Corporate powers 215 Officers of General Council 216 Intemal management 217 Executive committee 218 Division 2 Making Decisions Decisions made by resolution 219 Voting 220 Resolutions must be passed at meetings 221 Unanimous General Council Policies 222 Special resolution General Council Policies 223 Ministerial veto 224 Policies not subject to veto 225 General Council Policies subject to approval 226 Effect of Policies 227 Model by-laws 228 Ministerial power to make Policies 229 Policies and provincial law 230 Publication of Policies 231 Co-operation with the General Council 232

Part 9 General Provisions Notice 233 RiUes about residence 234 Delegation 235 Corporations legislation not to apply 236 No compensation 237

Part 10 Regulations Regulations generally 238 Consultation witii General Council on regulations 239 Consultation with settlement councils on regulations 240 Public mterest 241 Regulations for difficulties 242

Part 11 Court Proceedings Offences and penalties 243 Order for compliance 244 Application to quash Ulegal by-laws 245 Penalties on officials 246

Part 12 Transitional Provisions Division 1 Transitional Regidations, General Council Policies and By-laws First regulations and General Council Policies 247 Transitional regulations 248 Consultation on by-laws 249 Transitional Ministerial authority 250 Division 2 Interim Councillors, Interim Officers of the General Council and Existing Authorizations and Orders Interim councillors 251 Interim officers of General Council 252 Autiiorizations continued 253 Orders under the Surface Rights Act 254 Amending boundaries of improvement districts 255 Division 3 Interim Membership, and Time and Applications Made under the Former Act Interim membership 256 Interim membership regulation 257 Counting time under the former Act 258 Former applications 259 Deferral of applications 260 Former certificates of occupancy and allocations 261 Conversion regulations 262 Division 4 Transfer of Tmst Funds and Accounts Metis Settiement Associations Grants Admmisd-ation Fund 263 Division 5 Election Review Election review in 1994 264 10

Part 13 Consequential Amendments, Repeal and Commencement Division 1 Consequential Amendments Consequentials 265-289 Division 2 Repeal Metis Betterment Act repealed 290 Division 3 Commencement Coming into force 291 Schedules HER MAJESTY, by and witii tiie advice and consent of the Legislative Assembly of Alberta, enacts as foUows:

Definitions -j Jn this Act, (a) "annual election" means the annual election held to fill vacancies on a settiement council; (b) "Appeal Tribunal" means the Metis Settiements Appeal Tribund established by

section 180; (c) "Consolidated Fund" means the Metis Settiements ConsoUdated Fund established by

section 134; (d) "councUlor" means a settiement member elected or appointed to a settiement council; (e) "Existing Leases Land Access Panel" means the Metis Settiements Appeal Tribunal Existing Leases Land Access Panel; (f) "former Act" means The Metis Betterment Act,

chapter 233 of die Revised Statutes of Alberta 1970; (g) "General Council" means the Metis Settiements General Council incorporated by

section 214; 11

(h) "General Council PoUcy" means a poUcy or an amendment or repeal of a policy made by the General Council, and includes a regulation made under

section 229; (i) "Land Access Panel" means die Metis Settiements Appeal Tribunal Land Access Panel; (j) "Metis" means a person of aboriginal ancestty who identifies with Metis history and cultme; (k) "Minister" means the member of the Executive Council charged by tiie Lieutenant Govemor in Council witii the administiation of this Act; (1) "patented land" means land held in fee simple by the General CouncU under letters patent; (m) "public notice" means a notice given to the pubUc in tiie ways described m

section 233; (n) "settiement" means a corporation estabUshed by

section 2(1); (o) "settiement administiator" means tiie person appointed by a settiement council as the senior administiative officer of the settiement, and includes an individual authorized to act in tiie place of the senior administiative officer; (p) "settiement area" means the geographic area of a settiement described in

section 50(2); (q) "settiement chairman" means tiie chairman of a settlement councU; (r) "settiement council" means the councU of a settiement; (s) "settlement fund" means a fund estabUshed by

section 148; (t) "settiement member" means an individual who is a member of a settiement. 12

PART1 METIS SETTLEMENTS Division 1 Settlements Established EstabUshment 2(1) The foUowing Corporations are estabUshed: (

a) Buffalo Lake Metis Settlement; (

b) East Prairie Metis Settiement; (

c) Elizabeth Metis Settiement; (

d) Fishing Lake Metis Settlement; (

e) Gift Lake Metis Settlement; (

f) Kikino Metis Settiement; (

g) Paddle Prairie Metis Settiement; (

h) Peavine Metis Settiement.

(2) Each settlement consists of die persons who are settlement members of tiiat settlement. Corporate powers 3(1) Subject to this Act, a settiement has die rights, powers and privileges of a natural person.

(2) A settiement council may carry out the foUowing activities only if it is permitted to do so under subsection (3): (

a) engage in commercial activities, (

b) make invesunents other than those described in

Schedule 2, (

c) lend money, (

d) borrow money, (

e) guarantee tiie repayment of a loan by a lender to someone other than tiie settiement, or (

f) guarantee the payment of interest on a loan by a lender to someone other than tiie settlement. 13

SetUonent office Annual meetings

(3) A settiement councU may do some or aU of the activities described in subsection (2) if (

a) a regulation passed under

section 239 or 240 approves die activity, or (

b) die activity is (

i) authorized by a General Council Policy, and (ii) permitted by a settlement by-law. 4(1) Every settlement council must name a place in the settiement area as its permanent office.

(2) A copy of the resolution naming the permanent office must be pubUshed in The Alberta Gazette. 5(1) Within 180 days after the end of each financial year a settiement council must call an annual meeting of the residents of the settiement area by giving public notice of tiie meeting.

(2) The purpose of the meeting is (

a) to discuss past and future activities of the settlement councU, (

b) to present die audited financial statements for the immediately preceding financial year, and (

c) to discuss any matters raised by those present at tiie meeting. Special general 6(1) Settlement members may submit a written request tt) tiie meetmgs settlement council for a special general meeting of members, stating the purpose of the meeting.

(2) The request for a special general meeting has no effect unless the number of settiement members signmg the request is at least 10% of the population of the settiement area determined by the most recent census conducted by the settiement councU.

(3) On receipt of an effective request, the settiement chairman must give at least 7 days' public notice of a special general meeting of settlement members, stating the date, time, place and purpose of die meeting.

(4) The special general meeting must be held within 30 days of the date on which the settlement council receives the request for the meeting. 14

Dissolution 7 A Corporation established under

section 2(1) may be dissolved only by

an Act of the Legislatme. Division 2 Settiement Counciis Council 8(1) Each settlement has a settlement council composed of 5 composition cOUUcUlorS.

(2) A settiement councU is a continuing body. Term of office 9 The term of office of a counciUor elected at an annual election (

a) starts at the beginning of tiie organizational meeting of the settiement council held after the annual election at which the councUlor is elected, and (

b) ends when tiie successful candidates at an annual election, held in tiie year in which the counciUor's term expkes, are declared to be elected, unless the office becomes vacant earlier. Settlement chairman Resignation 10(1) At the organizational meeting of a settiement council after an annual election, the councillors must elect a settiement chairman from among themselves.

(2) The term of office of a settiement chaUman ends when the successful candidates at the next annual election are declared elected, unless the office becomes vacant earlier.

(3) A settiement chauman may be removed from tiie office of chairman if, at a special meeting of the settlement councU caUed to consider the matter, at least 3 councUlors vote in favom of removing the chairman from office.

(4) If a vacancy occurs m the office of settiement chairman the councUlors must elect another chairman from among themselves to hold office for the balance of the term.

(5) A settlement chairman who (

a) is removed from office as chaurnan, or (

b) resigns as chairman, continues on the settiement council as a counciUor. 11

(1) A settlement chairman may resign the office by presenting a written notice of resignation to a settiement council meeting. 15

Election day

(2) The resignation takes effect from (

a) die moment it is accepted by the settiement council, or (

b) if it is not accepted by the settiement councU at the meeting, at the moment tiie meeting is adjoumed, unless the resignation is wididrawn before the adjoumment. Division 3 Settiement Elections 12(1) An annual election must be held for each settlement councU. Election procedure Eligibility to vote

(2) Annual elections must be held on the 2nd Monday in May unless a settiement by-law prescribes anotiier date for tiie election in tiie settiement area.

(3) A settiement by-law prescribing anotiier date for annual elections is effective only if (

a) it is passed at least 3 months before the annual election, and (

b) tiie new date is within 2 months of the 2nd Monday in May. 13(1) Councillors must be elected to a settiement council in accordance with the Local Authorities Election Act and this Act.

(2) If there is inconsistency between tiiis Act and tiie Local Authorities Election Act, this Act prevails.

(3) If tiie Local Authorities Election Act or this Act cannot be applied to an election under this Act, the Minister may make regulations goveming the matter. 14 No person is eUgible to vote at an annual election or by- election unless that person (

a) is a settlement member, (

b) has resided in the settiement area for the 12 montiis immediately preceding election day, or any lesser period prescribed in a settlement by-law, and (

c) has his principal residence in tiie settiement area on election day. 16

Candidates for councillor Agreement disclosures 15 A settiement member is eligible to be nominated as a candidate for counciUor if the member (

a) is eligible to vote at the election at which he or she is to be a candidate, (

b) has resided in die settlement area for the 12 montiis immediately preceding nomination day, or any lesser period prescribed in a settlement by-law, and (

c) is not ineligible or disqualified from being a candidate or servmg as a councUlor. 16(1) In tilis section, (a) "associates" means (

i) a parmership in which a candidate for counciUor is a partner, or (ii) a corporation in which die candidate for councUlor holds 25% or more of tiie issued voting shares, or of which the candidate is a dkector; (b) "immediate famUy" means spouse, father, mother, brother, sister and chUdren.

(2) A candidate for councillor must file witii the retuming officer at the time of nomination a disclosme statement settmg out (

a) the number of agreements the candidate has entered intt3 witii the settlement that are still in effect and, to the extent that the candidate is aware of them, the agreements his or her immediate family and associates have entered into with the settiement tiiat are stUl in effect, and (

b) tiie general nature of each agreement referred to in clause (

a) and how long each one lasts.

(3) The disclosme statement is to be held by the retuming officer and tieated as part of the election records, but must be made available to a settiement member for inspection on request during normal business horns.

(4) A candidate for councillor who wilfully refuses or fails to fUe the disclosme statement within 14 days after the date of the candidate's nomination ceases to be eUgible as a candidate or, if the candidate has been elected, is disquaUfied immediately following the election. 17

Ineligible 17(1) A settiement member is ineligible tt) be nominated as a candidates candidate for counciUor or to serve as councUlor (

a) if, on nomination day or between nomination day and the tune that die candidate is declared elected, (

i) die settlement member is or becomes a judge of a court, (ii) the settlement member is or becomes an officer of the General CouncU, (iU) tiie settiement member is or becomes a member of the Appeal Tribunal, (iv) the settlement member is or becomes the auditor of die settiement, (

v) the settiement member is or becomes a member of the Senate or House of Commons of Canada or of tiie Legislative Assembly of Alberta, (vi) the settiement member is or becomes indebted to any settiement for more than $250, unless a written agreement has been entered into with the settiement to repay die debt and the settiement member is not behind in payments under the agreement, (vii) the settlement member is or becomes a formal patient under the Mental Health Act or is or becomes the subject of a guardianship or tmsteeship order under the Dependent Adults Act, (viU) the settlement member refuses or faUs to fUe a disclosme statement under

section 16, or (ix) the settiement member in some other manner is or becomes ineligible to be or disqualified from being nominated as a candidate for, or to serve as, a counciUor, or (

b) if, in the 3 years preceding election day, (

i) tiie settiement member was convicted of an indictable offence carrying a possibiUty of imprisonment for 5 or more years, (ii) die settiement member was convicted of an offence under

section 123 of the Criminal Code (Canada), or 18

First elections Second elections Third and subsequent elections (iU) the settiement member was removed from a settlement councU by a Ministerial order under

section 176.

(2) If a candidate for councUlor becomes ineUgible between nomination day and the time that die candidate is declared elected, (

a) public notice of tiiat fact must be given to the voters and posted in the votmg stations by die retuming officer, and (

b) if it is not possible to reprint die ballot forms, a vote cast for die ineUgible candidate is a spoiled baUot. 18(1) The fkst annual election must be held within 180 days of the date tiiis

section comes inttj force.

(2) The fkst annual election must be for 5 counciUors.

(3) At the fkst annual election (

a) the candidates who receive the most and 2nd most votes are elected for 3 years, (

b) the candidates who receive the 3rd and 4th most votes are elected for 2 years, and (

c) the candidate who receives the 5th most votes is elected for one year. 19 At the 2nd annual election (

a) the vacancy on settiement councU caused by the passage of time is fiUed by the candidate who receives the most votes at the election, and that person is elected for a 3-year term of office, and (

b) if there are other vacancies to be fUled, the candidate or candidates with the higher number of votes are elected to the longer unexpked term or terms, as the case requkes. 20(1) At the 3rd and subsequent annual elections, (

a) die candidate who receives the most votes is elected for 3 years, and (

b) die candidate who receives the 2nd most votes is elected for 2 years.

(2) When there are more than 2 vacancies to be fiUed at the 3rd and subsequent annual elections, 19

Vacancies By-elections (

a) tiie candidate who receives the most votes is elected for 3 years; (

b) if there are 2 two-year terms to be fUled, the candidates receiving the 2nd and 3rd most votes are elected for 2 years; (

c) if tiiere is one or more than one 1-year term tt) be filled, the candidate or candidates receiving die next most votes are elected to that or those terms, as the case requkes, 21 If a vacancy occms on a settiement council (

a) within 9 montiis after an annual election, die vacancy must be filled by a by-election; (

b) more than 9 months after an annual election, the vacancy must be filled at the next annual election. 22(1) If there is one vacancy to be fUled at a by-election, the person elected holds office from the date of election for die balance of the predecessor's term.

(2) If tiiere are 2 or more vacancies to be fUled at a by-election, (

a) the candidate who receives the most votes is elected for the longest balance of a term to be fiUed, (

b) die candidate who receives the 2nd most votes is elected for tiie 2nd longest balance of a term to be fiUed, and (

c) if there are other vacancies the candidate or candidates witii the higher number of votes are elected to tiie longer unexpked term or terms, as the case requkes, and in each case tiie candidate holds office from die date the election result is declared for the balance of die predecessor's term. Oath of office 23 Evcry counciUor must take the official oatii prescribed by the Oaths of Office Act in writing before starting his duties and must give the oath to the settlement administiator for safekeeping. Division 4 Resignations, Disqualifications and Insufficient Councillors Resignation 24(1) A couuciUor may resign by giving a written notice of resignation to a settiement council meeting.

(2) The resignation takes effect 20

(

a) from die moment it is accepted by die settiement councU, or (

b) if it is not accepted by the settiement councU at the meeting, from die moment die meeting is adjoumed, unless the resignation is withdrawn before the adjoiunment. Disqualification 25(1) A councUlor is disqualified from remaining on the settlement council if (

a) the councillor is convicted of an offence under a law m force in Alberta and sentenced to imprisonment for 3 months or more; (

b) the counciUor is convicted of (

i) an indictable offence carrying a possibUity of imprisonment for 5 or more years, or (ii) an offence under

section 123 of the Criminal Code (Canada); (

c) die counciUor is absent, without authorization from the settiement councU, from 2 or more consecutive regular council meetings of which the councillor had notice, and die council declares the counciUor to be disqualified; (

d) tiie counciUor ceases to be a settiement member; (

e) tiie counciUor uses information gained through his position as a councillor that would not have been available to the councillor as a member of the public to gain a financial benefit either directiy or indirectiy; (

f) tiie counciUor is appointed as a judge of a comt; (

g) the councUlor becomes a member of tiie Senate or House of Commons of Canada or of tiie Legislative Assembly of Alberta; (

h) tiie counciUor becomes an officer of the General Council; (

i) the councillor is appointed as the auditor of the settiement;

G) tiie councillor becomes the settlement administiator; (

k) the councillor becomes a member of the Appeal Tribunal; (1) die councillor becomes a full-time employee of the settiement, otiier tiian as settiement administiator, unless a by law first approves the employment; 21

(

m) the councUlor becomes indebted to any settiement for more than $250, unless a written agreement has been entered intt) with the settiement to repay the debt and the councUlor is not behind in payments under die agreement; (

n) the councUlor becomes a formal patient under die Mental Health Act or becomes the subject of a guardianship or tmsteeship order under the Dependent Adults Act; (

o) die councillor is disquaUfied for refusing or failing to fUe a disclosme statement under

section 16; (

p) tiie counciUor is disquaUfied from remaining on the settiement council by a court; (

q) die counciUor is removed from a settlement councU by a Ministerial order under

section 176.

(2) If at die time that a settlement member is elected as a councUlor (

a) the settlement member is the settiement administiator, his employment in that office terminates on die date of the election; (

b) the settiement member is a fiiU-time employee of die settiement, his employment terminates 45 days after the date of the election, unless a by-law is passed within the 45 days approving the continuation of the employment. Duty to resign 26(1) If a pcrsou is disqualified from remaining a councillor, the if disqualified pej-gon must immediately resign.

(2) If the person does not resign, (

a) the settlement council may apply by originating notice tt) a judge of the Comt of Queen's Bench for (

i) an order determining whether or not the person is qualified to remain a councillor, or (ii) an order declaring the person to be disquaUfied from being a councUlor, or (

b) a settiement member eUgible to vote at an annual election who 22

(

i) files an affidavit showing reasonable grounds for believing that a person never was or has ceased tt) be qualified as a councillor, and (ii) pays into court the sum of $250 as security for costs, may apply by originating notice to a judge of the Court of Queen's Bench for an order declaring the person to be disqualified from being a councUlor.

(3) The judge may make an order, witii or without costs, (

a) declaring the person to be disqualified and the seat on the councU to be vacant, (

b) declaring tiie person to be quaUfied to remain a councillor, or (

c) dismissing die appUcation.

(4) An appUcation must be made within one year of the date the disqualification of the councUlor is alleged to have occurred,

(5) An application may be commenced or continued even though an election has been held between the time at which the disqualification is alleged to have arisen and die time at which the application is or was commenced and whether or not the councUlor (

a) resigns before or after the election, (

b) was re-elected in the election, (

c) was not re-elected or did not mn in the election, or (

d) has completed a term of office. Inadvertence or 27 A judgc who hcars au application under

section 26 and finds genume error ^^^^ ^^ couuciUor is disqudificti may nevertheless dismiss the application if the judge is of the opinion that the disquaUfication arose inadvertentiy or by reason of a genuine error in judgment. Appeal 28(1) The decision of a judge under

section 26 or 27 may be appealed to die Court of Appeal.

(2) A person who is declared disqualified under

section 26 and appeals the declaration remains disqualified until the final determination of the appeal.

(3) If on the final determination of the appeal the disquaUfication is set aside, the Court must reinstate the councUlor for any 23

Costs may be reimbursed Insufficient councillors unexpired portion of the term of office for which die councUlor was elected and requke any person who has been elected or appointed to fill the balance of tiiat term to vacate the office.

(4) If on the final disposition of the appeal the disqualification is set aside but the term of office for which the counciUor was elected has expired, the person must not be reinstated, but is eligible ttD be elected at the next ensuing election in the settlement area, if otherwise quaUfied. 29 If an appUcation under

section 26 is dismissed or an order is issued declaring the person quaUfied to remain a councillor, the settiement councU may reimbmse the counciUor's costs and expenses tiiat the council considers reasonable, other than costs tiiat have already been awarded to the counciUor by the judge. 30(1) When for any reason the necessary number of candidates is not nommated or elected, the Minister may (

a) appoint one or more settiement members to fill the vacancies for a period of not more than 6 months or until the vacancies are filled by an election, or (

b) dkect that a by-election be held and appoint a remming officer to conduct the election.

(2) If the number of counciUors on a settiement councU is reduced to 2 or less, the Minister may appoint one or more settlement members to fill the vacancies for a period of not more than 6 months or until the vacancies are fUled by an election, whichever occms fkst. Official manager 31

(1) If all the seats on a settiement council become vacant, the Minister may, by order, appoint a person to act as official manager of the settiement.

(2) An official manager has all the powers and duties of a settiement councU and settlement, including the power to hold an election to fill aU or some of the vacancies on die council.

(3) If an official manager is appointed for a settiement, the General CouncU must appoint a settlement member to represent the settiement on the General CouncU.

(4) The official manager is not a member of tiie General Council unless appointed to represent the settiement by the General Council.

(5) An order under subsection (1) must be pubUshed in The Alberta Gazette. 24

Organizational meetings

PART 2 SETTLEMENT COUNCIL DECISION MAKING Division 1 Settlement Council Meetings 32(1) The fkst meeting of a settiement council after an annual election is its organizational meeting, which must be held withm 14 days after tiie date of tiie annual election.

(2) The settiement administiator must give written notice of the date, time and place of the organizational meeting to the councUlors. Regular council 33(1) A Settlement council must hold as many meetings in each meetings y^^ ^ ^^ considcrs ncccssary to deal witii settlement affaks.

(2) A settiement council may, at any meeting at which all the councUlors are present, decide to hold regular meetings of the councU on a stated date, time and place, in which case notice of those meetings is not necessary. Special council 34(1) A setticmcnt chairman meetings (

a) may caU a special settiement council meeting whenever the chakman considers it necessary to do so, and (

b) must call a special settlement council meeting if requested to do so in writing by a majority of councUlors.

(2) A special settlement councU meeting can be held only if a reasonable effort has been made to notify aU the councUlors of the date, time, place and purpose of the meeting.

(3) Despite subsection (2), all the councUlors can agree that no notice of a particular meeting is necessary. By-laws for special meetings 35(1) Every settlement council must describe in a by-law (

a) the manner in which notices of special settiement council meetings are to be given, and (

b) tiie means by which the settiement administiator is tt) keep a record of tiie notices.

(2) Only tiie business specified in die notice calUng the meeting can be conducted at a special settiement council meeting unless all the councillors are present, in which case, by unanimous consent, any other business can be conducted. 25

Open meetings 36(1) Settiement councU meetings are open to die public.

(2) If a councUlor or any other person engages in unproper conduct at a settiement councU meeting, the settiement chairman, or the person presiding at tiie meeting, may cause tiie person to be expeUed and excluded from the meeting. Committee meetings Procedure at meetings 37(1) A settiement councU can vote tt) go intt) committee of tiie whole or part of councU and whUe in committee may exclude persons who are not members of die committee from the meeting.

(2) A settiement council cannot pass a by-law or resolution while it is in committee, except a resolution to revert to a pubUc settiement council meeting. 38(1) Three counciUors must be present at settiement councU meetings to form a quomm.

(2) Each councUlor present at a settiement councU meeting has one vote on matters put tt) a vote at the meeting, unless the councUlor is disquaUfied from taking part m the vote.

(3) If tiiere is an equal number of votes on any matter, the resolution is defeated. Conflict disclosures

(4) When a counciUor asks for a recorded vote, die settiement administiator must record in the minutes the name of each councUlor present at the meeting and whether the counciUor voted for, voted against, abstained from voting or was disqualified from voting.

(5) A councillor cannot be represented, or vote, by proxy. 39(1) A councUlor must disclose to the settiement councU any financial interest that tiie councUlor has in a matter before tiie councU.

(2) If the matter in which a counciUor has a financial interest (

a) is to be decided by a resolution, the councUlor must not take

part in deliberations of the council on that matter or vote on the matter, or (

b) is to be decided by a settlement by-law, tiie counciUor may take

part in deliberations of die council on that matter and vote on the matter. 26

Absence of quorum Valid proceedings Meeting procedures

(3) If a disagreement arises about whetiier a counciUor has a financial interest in a matter before the settlement councU, tiie councU must decide by vote whether die counciUor has a financial interest, and the counciUor in question cannot take

part in that vote, but is bound by it. 40(1) A councillor who is not permitted under

section 39 to take

part in deliberations and to vote on a resolution cannot be counted for the purpose of determining a quorum and must be excluded from die meeting during die deliberations.

(2) If the operation of subsection (1) means there would not be a quorum of counciUors available to vote on the resolution, the councUlors who are not excluded may (

a) pass a vaUd resolution that tiie matter is to be put to a special or general meeting of settiement members called to pass the resolution, and (

b) if a resolution is passed tt3 put the matter before a special or general meeting of settlement members, all the councUlors may then take

part in deliberations of the council on the matter and vote on the resolution, whetiier or not they have a financial interest in the matter.

(3) Every tune that the operation of this

section results in too few settiement counciUors being able to form a quomm, the issue and decision must be reported to the next general meeting of the settiement.

(4) If the operation of this

section results in no councUlors being able to make a decision, the matter can be referred by the settiement council to a special general meeting of settiement members to decide the matter. 41 Proceedings of a settiement councU are not invaUd because of a vacancy on tiie council if at least 3 counciUors remain in office. 42 A settlement council may (

a) establish or adopt rules of conduct for councillors and others present at settiement councU, committee or public meetings; (

b) establish or adopt mles goveming die calUng of settiement councU, committee and pubUc meetmgs, and die pubUc notice to be given of them; 27

Kinds of decision Publication of documents (

c) establish a quomm for committee meetings and die procedure to be foUowed when a vote is taken on matters at committee meetings. Division 2 Decisions Generally 43(1) The powers and duties given to a settiement under tiiis Act or any other enactment may be carried out only by the settlement councU, except when this Act or any other enactment permits otherwise.

(2) A settlement council can carry out its powers and duties only by resolution or, when requked by this Act or any other enactment, by by-law.

(3) Instead of passing a resolution on a matter, a settiement councU may pass a by-law on the matter.

(4) A settiement council cannot pass a resolution on a matter when a by-law is requked. 44(1) The foUowing documents must be posted in the settlement office for at least 15 consecutive days unless tiie settlement council makes an exception under subsection (2): (

a) agreements entered mto by the settiement; (

b) proposed by-laws after they have been given fkst reading; (

c) reports of committees or employees of the settlement after they have been submitted to the settiement councU, but not opkiions or reports of tiie settiement solicitor; (

d) audited financial statements of tiie settlement; (

e) minutes of meetings of the settiement councU after tiiey have been adopted by the council; (

f) settlement by-laws after they have been enacted.

(2) A settiement council may decide tiiat subsection (1) does not apply tt) a specified portion of a document (

a) tiiat contains technical, commercial or confidential information the release of which could prejudice or be damaging to the settiement or any other person, or (

b) die release of which would breach information held in confidence. 28

Recording decisions Minutes Resolutions Settlement employees

(3) A settiement administtrator must provide a copy of any document that is required to be posted under this section, within a reasonable time of receiving a written request to do so, at not more than the cost of making the copies. 45 Every decision and agreement made by or on behalf of a settiement and every resolution must be in writing signed by (

a) die settiement chakman or a councUlor designated by the council as an altemate signing officer, and (

b) the settlement administiator. 46(1) The settiement administiator is responsible for recording in the settlement council minute book aU resolutions, decisions and other proceedings of the settlement council.

(2) Minutes of settiement council meetings and settlement by-laws must be kept at tiie settiement office by the settlement administiator and a copy of tiiem must, on request, be sent to the General CouncU and the Minister. 47(1) A resolution of a settlement council is valid only if at least 3 councillors vote in favour of it at a council meeting, except when this Act or other enactment permits otherwise.

(2) If a resolution is put to a vote at a general or special meeting of settiement members, tiie settiement members eUgible to vote are those (

a) who have resided in the settiement area for the 12 months preceding tiie date of the vote, or any lesser period prescribed in a settiement by-law, and (

b) who have their principal residence in the settlement area on the date of the vote. Division 3 Staff and Committees 48 A settlement council must (

a) appoint a settlement administiator and any other employees considered necessary and fix their remuneration and terms of employment; (

b) prescribe what other duties the settiement administiator has in addition to die duties described by this or any other enactinent. 29

Delegation Geographic jurisdiction By-law authority Enactment of by-laws 49(1) A settiement councU may appomt committees which may, but need not, include counciUors.

(2) A settiement councU may delegate to a committee any of the councU's powers or duties, with or without conditions, except die power to make by-laws.

(3) The exercise of a power or performance of a duty by a committee tt) which it has been delegated has the same effect as the exercise of tiiat power or performance of tiiat duty by die settiement council. Division 4 Mailing By-laws 50(1) Except where the context otiierwise requkes, tiie by-law making authority of a settiement councU is confined to the geographic area of the settiement.

(2) The geographic area of a settiement is (

a) tiie land within the outer boundaries of patented land, and (

b) additional land that is described by the Lieutenant Govemor in CouncU after consultation between the Minister and the General CouncU. 51 A settlement council may make by-laws respectmg (

a) the matters set out in

Schedule 1; (

b) die matters described or referred to elsewhere in this Act and in other enactments. 52(1) No by-law has any effect unless it is given 3 distinct and separate readings at a meeting of a settiement council, and no more than 2 readings may be given at tiie same meeting.

(2) If a proposed by-law is in writing and available to councUlors and the public, only the titie or identifying number need be read at each reading of the by-law.

(3) A by-law must not be given second reading unless it is in writing and avaUable to councillors.

(4) FoUowing each reading and debate, if any, of a proposed by law, a vote of the councUlors must be taken and die proposed by law can be given die next reading only if at least 3 councillors vote in favom of the by-law. 30

By-laws must be passed within 2 years of first reading Public notice of by-laws Approval of by laws 53(1) If a by-law does not receive thkd reading within 2 years of fkst reading, die previous readings are cancelled.

(2) If tiie by-law is defeated on second or thkd reading, the previous readings are cancelled. 54(1) Every proposed by-law must be presented at a public meeting in the settiement area after second reading but before thkd reading.

(2) At least 14 days' public notice of tiie date, tune and place of the pubUc meeting must be given. 55(1) A quorum for pubUc meetings caUed to vote on settlement by-laws is 15 settiement members who are eUgible to vote on the by-law, or any other number specified by settiement by-law.

(2) A settiement member is eUgible to vote on a by-law presented at a public meeting if (

a) tiie member has resided in the settiement area for the 12 months immediately preceding die date of die vote, or any lesser period prescribed in a settlement by-law, and (

b) tiie member has his principal residence in die settiement area on the date of the vote.

(3) Persons affected by an issue under discussion at a pubUc meeting have the right tt) participate in the discussion of die issue but may not vote on it unless they are settlement members and eUgible to vote on it.

(4) A by-law voted on at a public meeting is approved if a majority of the settiement members present at tilie meeting who are eligible to vote, vote in favom of the by-law.

(5) If the vote at the public meeting is not in favour of the proposed by-law, the by-law is defeated, and all previous readings are cancelled. Petition for a by-law 56 In an emergency that affects the health or safety of the community, the settiement council may, by unanimous resolution, declare that sections 54 and 55 do not apply to a by-law designed to deal with the emergency, in which case no public meeting or vote is requked. 57(1) Settiement members may petition the settiement council for a by-law about any matter witiiin tiie by-law making authority of the settiement council. 31

Contents of petition

(2) A petition has no effect unless (

a) tiie number of settiement members who sign the petition is equal to at least 20% of the population of the settiement area determined by the most recent census conducted by the settiement council, and (

b) the petition substantiaUy complies witii

section 58. 58(1) A petition to a settiement councU may consist of one or more pages, but each page must contain an accmate and identical statement of tiie purpose of the petition, and (

a) each signature must be witnessed by an adult, who must make an affidavit that the persons whose signatmes he or she has witnessed are settlement members, and (

b) the complete address and printed name of each settlement member who signs the petition must be set out opposite tiiat member's signature.

(2) An adult who wimesses a signature to a petition must do so by signing opposite the signatme of tiie settiement member.

(3) In computing the number of settiement members who sign a petition, there must be excluded (

a) the name of a person whose signatme appears on a page of the petition that does not contain an accmate statement of tiie purpose of the petition identical to the statement contained on aU the otiier pages of the petition, (

b) the name of a person whose signatme is not witnessed, and (

c) tiie name of a person who is not a settiement member. Sufficiency of a 59(1) Every petition must be filed witii tiie settiement peuuon administiator, who must compute the number of settiement members who have signed the petition and determine the sufficiency of it.

(2) A petition is considered to have been received by a settiement councU on die day the settiement administiator declares it tt) be a sufficient petition.

(3) The settlement administiator must determine die sufficiency of a petition within 30 days of tiie filing of the petition with the administiator. 32

(4) No name can be added to or removed from a petition after it has been received by the settiement administiator. By-law 60(1) Within 30 days after a settiement administiator declares tiiat prepared based ^ petition is Sufficient, the settiement council must cause a by-law on petition dealing witii the subject-matter of tiie request to be prepared, including any other related matter the settiement council considers necessary, and to be read a fkst and 2nd time.

(2) Sections 54 and 55 apply to by-laws under this section, except that the date fixed for die public meeting must be no later than 30 days after the date on which die by-law receives fkst reading.

(3) If tiie by-law is approved at the pubUc meeting, tiie settlement councU must pass the by-law within 30 days of tiie vote witiiout any alteration affecting the substance of the by-law, unless another means of deaUng with the by-law is established with the agreement of the petition's proponents.

(4) If tiie by-law is defeated at the public meeting, the settlement councU may refuse to receive a petition of a similar natme made witiiin one year of the date of the pubUc meeting. Effective date Q'\ A by-law comcs into effect (

a) on the day after it is given thkd readmg, (

b) on any later date or dates specified in the by-law, or (

c) if any approval of die by-law is requked, on the date the approval is given or on any futme date specified in the approval or the by-law. Sealing by-laws Q2 After a by-luw receives third reading die settiement administiator must sign it and affix the corporate seal. By-law 63(1) A settiement councU may state die maximum penalty tiiat penalties ^^ ^ imposcd by a court if a by-law made under tiiis Act or any other enactment is contiavened.

(2) The maximum penalty may be included in a general penalty by-law or in die by-law in respect of which die penalty is to apply.

(3) The penalties tiiat can be included in by-laws are: (

a) a fine not exceeding $2500; (

b) a minimum and maximum fine appUcable to fkst, 2nd or subsequent offences, but the maximum fine for each offence must not exceed $2500; 33

Money payable is a debt Inspections (

c) imprisonment for any period up to 6 months if a fine is not paid.

(4) In addition to any other fine or penalty tiiat a comt may impose under this Act or any otiier enactment or any by-law made under this Act or any other enactment, the court may (

a) when a conviction is for non-payment of money payable tt) a settiement, also order payment of tiiat sum of money, and (

b) when a conviction is for the faUme or refusal of a person to comply with a by-law, order that the person comply widi die by-law.

(5) A penalty or fine paid under a settlement by-law under tiiis Act or any otiier enacttnent belongs to and forms part of tiie general revenue of the settiement. 64 Money payable to a settlement under a by-law constitutes a debt due to die settiement by the person liable to pay the money and may be recovered by the settiement by an action for debt. Division 5 Enforcement 65 A person who is autiiorized by the settiement councU may, at any reasonable time, enter any land, buUdmg or sttnicttire in the settiement area, other than a dweUing house, to inspect (

a) for a nuisance if the person has reasonable grounds tt) beUeve a nuisance exists in or on the land, building or sttiicture, or (

b) for compliance with this Act or the regulations or a settiement by-law or General Council PoUcy made under this Act. Inspections of dwelling house 66(1) A person who is authorized by a settiement councU may, at any reasonable time, enter a dwelUng house in the settiement area for die purpose of an inspection referred tt) in

section 65(

a) or (

b) if (

a) an adult Uving in die dweUing house consents tt) the entty, or (

b) tiie person autiiorized by the settiement councU obtains a warrant under subsection (2) authorizing die entty. 34

Documents and samples Enforcement notices

(2) A judge of the Provmcial Court who is satisfied by information on oath of a person autiiorized by the settlement councU tiiat (

a) tiiere are reasonable grounds to beUeve diat a nuisance exists in a dwelling house, or (

b) it is necessary to enter a dweUing house to inspect for compliance witii this Act or the regulations or a settiement by law or General CouncU Policy under this Act, may, ex parte or on such notice as the judge dkects, issue a warrant in a form satisfactory to die judge autiiorizing the person named m the warrant to enter the dweUing house subject to any conditions that the judge considers appropriate. 67(1) A person who has entered land, a buUding or a stmctme in a settiement area under the autiiority of

section 65 or 66 may (

a) requke the production of any books, records or documents that are relevant to tiie purposes of tiie inspection and examine them, make copies of them or remove them temporarily for the purpose of making copies, and (

b) take samples of any substance or tiling relevant to the purposes of the inspection.

(2) A person who removes any books, records or documents under subsection (1) must (

a) give to the person from whom die items were taken a receipt for the items, and (

b) after makmg copies forthwidi retum the items to the person from whom they were taken. 68(1) A settlement council or person acting on ks behalf may issue a notice (

a) requking tiie occupier of land to remedy, in a manner tiiat the council may dkect, any condition on the land, including any buUdkig or stiiictme on die land, that constitutes a nuisance or tiiat contiavenes a regulation or a settiement by-law or General Council Policy under tiiis Act or any otiier enacttnent; (

b) dkecting the occupier of land to remove any Utter or anything causing or conttibuting to untidy or unsightiy land or buUdmgs; 35

Problem remedied By-law enforcement (

c) requking the occupier of land to constiuct a fence, waU, screen or similar stiucture to prevent untidy or unsightiy land or buildings from being viewed from any right of way or public place; (

d) stating that if tiie occupier faUs, neglects or refuses to remedy any condition, the council may cause any work to be done that the council considers necessary tt) remedy it; (

e) warning the person to whom it is dkected and die holder of an instiument issued in respect of the land on which die matter complained about is located, that the cost of the work done tt) remedy the condition may be charged to the occupier and, in default of payment, (

i) tiie cost may be recovered as a debt due to die settiement, or (ii) a notification of the cost and expenses may be registered in the Metis Settlements Land Registry; (

f) making any other direction that the councU considers necessary.

(2) A person who receives a notice under subsection (1) may appeal the notice to the Appeal Tribunal by sending a notice of appeal in writing to the Tribunal witiiin 21 days after the date die notice is received. 69(1) If a person faUs or refuses to comply with a notice under

section 68 and no appeal is made to the Appeal Tribunal, or the appeal is refused or not proceeded with, persons authorized by die settiement councU may enter on tiie land, buUding or stmcmre and take any action necessary to carry out die work required.

(2) A notification of the costs and expenses incurred may be registered in the Metis Settlements Land Registty, and tiien are payable by the person who holds the insttument issued in relation to the land, but if no instmment has been issued die costs and expenses must be paid by the occupier of die land, or if tiiere is no occupier, by tiie settlement. 70(1) If the Minister first approves, a settiement councU may provide for the appointment of one or more by-law enforcement officers and describe thek powers and duties.

(2) By-law enforcement officers are, in tiie execution of tiiek duties, persons employed for die preservation and mamtenance of tiie pubUc peace. 36

Joint agreements

(3) The settiement councU must, by by-law, establish disciplinary procedures, including procedmes, penalties and an appeal process, that apply to by-law enforcement officers.

(4) All by-law enforcement officers must take die official oatii prescribed by the Oaths of Office Act before starting thek duties. 71 A settiement may enter into an agreement widi any otiier settiement, the Minister on behalf of an improvement distiict, a municipality or other local authority, to provide for joint law enforcement and such other matters as are agreed on.

Division 6 Provincial Law and Regulations Consistency 72(1) A by-law or resolution that is inconsistent with tiiis Act or wrth provmcial ^^^ ^^^^^ enacttnent is of no effect to the extent of the inconsistency, unless it is a by-law or resolution to implement a General CouncU Policy on hunting, tiapping, fishing or gatiiering.

(2) A by-law or resolution tiiat is inconsistent with a General Council Policy is of no effect to the extent of the inconsistency. Regulations 73 The Minister may, in accordance with

section 240, make regulations (

a) respecting an administi"ative and employment poUcy to be followed by the settlement councU and its employees; (

b) respecting payments to be made to councillors, settlement employees and representatives of a settiement. Application criteria PARTS SETTLEMENT MEMBERSHIP Division 1 Settlement Membership Applications 74(1) A person may apply to a settiement council for membership in a settlement only if (

a) die applicant is a Metis and at least 18 years old, and (

b) the applicant (

i) has previously been a settlement member or a member of a settiement association under die former Act, or 37

Indians and Inuit Proving Metis idoitity (ii) has lived in Alberta for the 5 years immediately preceding the date of appUcation.

(2) The settlement council may waive the residency requkement referred tt) in subsection (l)(b)(ii) if a parent of the appUcant was or is a settlement member or a member of a settlement association under the former Act. 75(1) An Indian registered under the Indian Act (Canada) or a person who is registered as an Inuit for the purposes of a land claims settiement is not eligible to apply for membership or to be recorded as a settiement member unless subsection (2) appUes.

(2) An Indian registered under the Indian Act (Canada) or a person who is registered as an Inuit for the purposes of a land claims settlement may be approved as a settiement member if (

a) tiie person was registered as an Indian or an Inuit when less than 18 years old, (

b) tiie person lived a substantial part of his chUdhood in die settiement area, (

c) one or both parents of the person are, or at thek deatii were, members of the settlement, and (

d) the person has been approved for membership by a settiement by-law specificaUy authorizing the admission of tiiat individual as a member of the settiement.

(3) If a person who is registered as an Indian under the Indian Act (Canada) is able to apply to have his or her name removed from registiation, subsection (2) ceases to be available as a way to apply for or tt) become a settlement member.

(4) A right to reside on patented land acquked under this or another enactment, a General CouncU Policy or a by-law is not affected by a decision to refuse an application for membership when tiie decision is based on this section. 76 Every application for membership in a settiement must be sent to the settiement office and must be accompanied by (

a) a statuttiry declaration that (

i) die applicant has Canadian aboriginal ancestty, describing die facts on which tiie declaration is based, and (ii) the appUcant identifies with Metis history and culture; 38

Considering membership applications Membership decisions (

b) one or more of the foUowing: (

i) genealogical records as evidence tiiat tiie appUcant has aboriginal ancestty; (ii) a statutory declaration of at least 2 Metis who are recognized as Metis elders that die applicant has aboriginal ancestty, describing the facts on which die declaration is made; (iU) such other evidence satisfactory to die settlement council tiiat the applicant has aboriginal ancestiy; (

c) an address to which notices and decisions can be sent to the applicant. 77(1) A settiement council must consider every application for membership made to it within 90 days of die appUcation being received at the settiement office.

(2) The settiement administiator must give the membership applicant reasonable notice of the date, time and place that the settiement council proposes to consider die application. 78(1) An application for membership in a settiement can be approved only if tiie settiement councU is satisfied that the applicant (

a) is a person of Canadian aboriginal ancestty who identifies witii Metis history and cultme, (

b) has or wUl have suitable Uving accommodation in the settiement area, and (

c) is committed to living in the settlement area and preserving a peaceful community.

(2) No appUcation for membership in a settlement can be approved if die applicant (

a) is a member of another settlement, (

b) is in debt to the settiement or any otiier settlement, unless (

i) satisfactory written arrangements have been made to pay the debt, and (ii) the applicant is not in arrears in payments. 39

Decision on applications (

c) is ineligible under

section 75, or (

d) does not agree to preserve a peaceful community and tt) comply witii this Act, the by-laws and General Council Policies. 79(1) Before a settiement council makes a decision on a membership application it must (

a) give die applicant a reasonable opportunity of providing evidence to the council in support of the application, and (

b) give die applicant a hearing if the applicant requests it.

(2) Witiiin 45 days after considering an appUcation, or any longer period agreed to by the appUcant and the settiement council, the settiement councU must send to tiie appUcant a notice of its decision stating that the appUcation (

a) is approved, (

b) is deferred pending further information or compUance witii specified conditions, (

c) is deferred because of a lack of suitable living accommodation, (

d) is approved for a stated probationary period, which cannot be longer than 2 years, or (

e) is refused.

(3) When an application is deferred or refused, the notice must give reasons for the decision.

(4) If an application is deferred because tiiere is a lack of suitable living accommodation in die settiement area, the settlement council may establish a waiting list of persons who have priority for membership when living accommodation is avaUable.

(5) A settiement council must send a copy of every membership application decision to the Minister unless the Minister directs otherwise. Membership approvals 80(1) When an application for membership in a settiement is approved by a settiement councU or die Appeal Tribunal and the applicant starts to Uve in the settlement area, die settlement council must (

a) notify the Minister that tiie appUcation is approved, and 40

Membership records Membership in one settlement only Appeals (

b) provide die necessary information to tiie Minister for a record to be made on the Settiement Members List.

(2) An applicant for membership in a settiement becomes a settiement member when (

a) die settiement council, or on appeal, tiie Appeal Tribunal, approves tiie application for membership, (

b) tiie appUcant starts to Uve in tiie settlement area, and (

c) tiie applicant is recorded on the Settiement Members List as a settiement member.

(3) If a dispute arises as to whetiier an applicant for membership has started to live in a settiement area, the dispute may be referred to tiie Appeal Tribunal for a decision. 81(1) A settiement administiator (

a) must keep a proper record of settiement membership applications, notices and decisions made about the application, and (

b) may keep other information that the settiement council considers necessary about settiement members in tiiat settiement.

(2) A settlement member, or a person authorized by die member, is entitled to examine tiie records under subsection (1) with respect to information about the member at any reasonable time. 82 A person is not entitled to be a settlement member of more than one settiement, but if that happens the member must decide in which settiement the member wishes to retain membership as soon as possible after a request is made by a settiement council or by the Minister to do so. 83 If a settlement council refuses or defers an application for membership, or an application is not considered or a decision is not made by the settiement council witiiin the required time, the applicant may appeal in writing to the Appeal Tribunal (

a) within 45 days after receiving notice of the refusal or deferral, or (

b) within 45 days after the date the council should have made a decision. 41

Appeal Tribunal hearing Leave of absence Termination within member's probationary period 84(1) On receipt of an appeal under

section 83, die Appeal Tribunal must hold a hearing after giving everyone k considers affected by die appeal reasonable notice of the date, time and place of the hearing.

(2) The Appeal Tribunal must make its decision in accordance widi

Part 7. Division 2 Leaves of Absence and Termination of Membership 85(1) A settlement member has an authorized leave of absence if the member temporarily ceases to reside in the settlement area (

a) because of an appointment or election as an officer of the General CouncU, or tt) public office, requkmg residence elsewhere, (

b) for educational reasons requiring residence elsewhere, (

c) as a result of imprisonment, (

d) for medical reasons, or (

e) as a result of mUitary or police service requiring residence elsewhere, but only if the member maintains an appropriate residence in the settiement area and writes the settlement councU each year of his or her absence confirming an intention to retum as soon as reasonably possible and make the settlement area tiie member's home.

(2) A settlement council can give a settiement member an autiiorized leave of absence from die settiement area for any additional reason that appears reasonable to the councU and impose terms and conditions on the leave.

(3) A settiement member on an authorized leave of absence is deemed to be a resident of the settlement area for all purposes, except as otiierwise provided by settiement by-law. 86(1) A settlement council may terminate the membership of a settiement member within die member's probationary period if die member (

a) does not obtain or sttips maintaining suitable living accommodation in die settiement area, or 42

Termination of settiement membership (

b) ceases to be committed to Uving in the settlement area and maintaining a peaceful community.

(2) The termination of membership of a person under subsection (1) may be by resolution.

(3) If a settiement member is subject to a probationary period and membership is not terminated within that period, any futme action to terminate the membership of die person must be taken under

section 87.

(4) A settiement council may not pass a resolution or by-law to termmate die membership of a settlement member within the member's probationary period witiiout giving the person (

a) reasonable notice of tiie resolution or by-law to be considered, and (

b) if the person requests it, an oppormnity tt) be heard before the voting on the resolution or by-law. 87(1) A settiement council may terminate the membership of a settiement member only by a settiement by-law passed in accordance with this section.

(2) Unless

section 90 appUes, a settiement member may have his or her membership in a settlement terminated only if the member (

a) ceases to reside on the settlement and has expressly or impliedly abandoned membership, or (

b) has not resided in the settlement area for 12 consecutive months or more, unless there is sufficient reason for the member to be absent. Notice of decision and appeal

(3) No settiement by-law terminatmg a settiement membership can be given fkst reading unless the settlement council has made every reasonable effort to give the settiement member at least 30 days' written notice of tiie proposed by-law and the date, time and place on which fkst reading is proposed.

(4) On die day proposed for fkst readmg die settiement council must, if die settiement member requests, give the member a reasonable opportunity of explaining why the by-law should not be given fkst reading. 88(1) Copies of aU settiement by-laws and resolutions terminating tiie membership of settiement members must be sent to tiie member concemed and to the Minister. 43

Tribunal decision

(2) The settiement member may appeal die decision to terminate the membership to the Appeal Tribunal by sending a written notice of appeal to die Tribunal within 30 days of receipt of the by-law or resolution. 89(1) As soon as reasonably possible after receiving an appeal against a settlement membership termmation the Appeal Tribunal must hold a hearing after giving everyone it considers affected by the appeal reasonable notice of the date, time and place of hearing.

(2) The Appeal Tribunal must make its decision in accordance witii

Part 7. Automatic termination 90(1) A settiement member terminates membership in a settlement if Effect of termination (

a) the person voluntarUy becomes registered as an Indian under the Indian Act (Canada), or (

b) the person becomes registered as an Inuit for the purpose of a land claims agreement.

(2) On receipt from the settlement councU of notice of a termination of membership under subsection (1), and after any verification of the facts that is considered necessary, the Minister must remove the name of the person concemed from the Settiement Members List. 91(1) When the membership of a settlement member terminates or is terminated, the member (

a) loses any rights gained by his or her former membership tt) reside on or occupy patented land, but (

b) does not lose any right to reside on patented land acquked by or under this or any other enacttnent, a General CouncU Policy or a settlement by-law.

(2) The termination of settlement membership does not affect any right acquked by the spouse or minor children of the member tt) continue to reside on patented land.

(3) A settlement council and a person whose membership has been terminated may agree on tiie compensation to be paid tt) the former settiement member for improvements made on land held by die member and if tiiey cannot agree eitiier of tiiem may refer tiie matter to the Appeal Tribunal. 44

Right of residence Continuing entitiement to reside Appeal 92 A person who is not a settiement member has no right to reside on patented land unless the person (

a) is part of die immediate family of a settiement member, (

b) is a teacher or healtii care worker, (

c) is an employee of the settiement, or (

d) is permitted to reside on patented land by this or any other enacttnent, a General Council Policy or a settiement by-law. 93(1) A person who is permitted to reside in a settiement area under

section 92 is entitied to continue to reside in the area unless the settlement council, for just cause, orders the person expelled from the settiement area.

(2) No order can be made under subsection (1) unless the person concemed has been given an opportunity to tell the settlement councU why he or she should be able to remain in the settlement area. 94 If an order is made under

section 93, the person concemed may appeal to the Appeal Tribunal by giving it written notice of appeal witiiin 30 days of receiving the order. Land allocation 95(1) All of a pcrson's interests in land in a settlement area are cancelled terminated (

a) when the person's settiement membership is terminated, or (

b) if an appeal is made, when die Appeal Tribunal or a court confirms or declares tiiat the person's settlement membership is terminated,

(2) The loss of an interest in land under this

section does not affect any right of die spouse or the minor children of the former member to continue to reside on the settlement land in which the member had an interest. Division 3 Settlement Members List EstabUshment 96(1) The Minister must estabUsh die Settiement Members List.

(2) The following information is to be recorded on die Settiement Members List in respect of each settlement: (

a) tiie full name of each settiement member; 45

(

b) tiie date of bkth of each settlement member; (

c) die settiement of which the person is a member; (

d) any other information about each settiement member tiiat tiie Minister and die General Council agree is necessary.

(3) The Minister must keep die Settiement Members List up to date but may, by agreement with the General Council, delegate the responsibiUty.

(4) The Settiement Members List may be established and maintained as a book or by using any appropriate technology. Entering names 97(1) lu this scctiou, "Commissioucr" mcaus the Commissioner SettiCTient uudcr the Metis Settlements Accord Implementation Act. Members List

(2) The Settiement Members List for each settiement must consist of (

a) the persons shown as "confirmed settlement members" on the Commissioner's final Settiement Membership Report issued in accordance with the regulations, whether or not the persons meet the requirements for settiement membership under this Act, (

b) the persons shown as "uncertain status" on the Commissioner's final Settiement Membership Report issued in accordance with the regulations who are subsequently confkmed as settlement members by the Appeal Tribunal, and (

c) other persons approved as settlement members in accordance with tiiis Act.

(3) A name must be removed from die Settiement Members List when a settiement member loses membership in a settiement in accordance with tiiis Act. ConfidentiaUty 98 Exccpt for the purposc of determining whether a person is or is not a settiement member, information on the Settiement Members List must be kept confidential and available only to (

a) tiie Minister and his autiiorized representatives; (

b) die authorized representatives of the General CouncU; (

c) die settiement member or a person authorized by die settiement member, in respect of information about the member; 46

(

d) die settiement councU and its authorized representatives, witii respect to members of the settiement.

PART 4 SETTLEMENT LAND Creation of rights and interests in patented land Division 1 Patented Land 99 A right or interest in the fee simple estate of patented land may exist only (

a) under a provision of this or another Act, (

b) under a General Council Policy, or (

c) under a settlement by-law that is passed in accordance witii a General Council Policy. Limits on usmg 100(1) No tight or interest in less tiian the fee simple estate in plteS knd as Patented land held by a settiement member may be mortgaged, security Charged or given as security except in accordance with a General Council Policy. Interests in patented land exempt from seizure Metis SetUanents Land Registry regulations

(2) Security given or taken contiary to subsection (1) is void. 101 An interest of less than the fee simple estate in patented land held by a settiement member is exempt from seizure or sale under court order, writ of execution or other process whether judicial or extia-judicial except as provided by a General CouncU Policy. Division 2 Metis Settlements Land Registry 102 The Minister may, in accordance witii

section 239, make regulations (

a) respecting the establishment, maintenance and contiol of a Metis Settlements Land Registty and a system for the registiation in that Registiy of rights, interests and otiier matters with respect to patented land; (

b) respecting the registiation in die Metis Settiements Land Registiy of the rights or interests in patented land held by settiement members tiiat have been converted under the regulations made under

section 262; 47

Registrar Effect of registration (

c) respecting the registiation in die Metis Settlements Land Registiy of die rights or interests registered under the Land Titles Act; (

d) providing for the registiation in tiie Metis Settiements Land Registiy of rights or interests under the former Act or any other enacttnent on an interim basis until regulations respecting the conversion of rights and interests and regulations making the Registiy fully operational are enacted; (

e) adopting all or part of the Land Titles Act, witii or witiiout modification; (

f) respecting the establishment of an assurance fund for tiie purpose of paying claims made against the Metis Settlements Land Registiy; (

g) determining tiie priorities of any interests filed, registered or recorded and the legal effect of fiUng, registering, recording or discharging the interests; (

h) respecting the means of settiing disputes arising under the regulations made under this section; (

i) respecting tibe fees payable for the administiation, management and operation of the Metis Settiements Land Registiy. 103 In accordance with the Public Service Act, there must be appointed a Registiar of the Metis Settiements Land Registty and any other staff or advisors considered necessary. 104(1) Despite anytiiing in tiie Land Titles Act, any instiument registered or filed with the Registt"ar under the Land Titles Act in respect of patented land, other than a plan of survey showing the land granted to the General Council by letters patent, has no effect unless die instiument has been registered or filed, as the case may be, in accordance wkh regulations made under

section 102.

(2) Except as otiierwise provided in die regulations, the Land Titles Act does not apply with respect to patented land in the settiement areas. Division 3 Subdivision devclom^** ? °^ Neitiier a subdivision approval nor a development approval approval ^" ^^ required when the subdivision or development is effected solely for die purpose of 48

Subdivision of patented land Planning regulations (

a) a highway or public roadway, (

b) a well or battery as defined in the Oil and Gas Conservation Act, or (

c) a pipeline or an installation or stiuctme incidental to the operation of a pipeline. 106(1) The Registiar of die Metis Settiements Land Registiy must not accept for registiation an instiument that has die effect or may have the effect of subdividing land in a settiement area, unless the subdivision is permitted by

section 105 or is approved under die regulations.

(2) The Registiar of tiie Metis Settiements Land Registty must not accept a caveat for registiation that relates to an instiument that has or may have the effect of subdividing land in a settlement area unless the subdivision is permitted by

section 105 or is approved under die regulations. 107 The Minister may, in accordance witii

section 240, make regulations (

a) prohibiting or conttolUng and regulating tiie subdivision of patented land, and exempting certain persons or uses of land from subdivision approval; (

b) defining "subdivision" for the purpose of this Act; (

c) prescribing the times witiiin which a subdivision approving authority must make decisions; (

d) prescribing die conditions that a subdivision approving autiiority is permitted to impose when granting subdivision approval; (

e) establishing or naming a person or entity as the subdivision approving authority for patented land or for specific areas of patented land, and providing for delegation of die granting of subdivision approval; (

f) specifying the time witiiin which a subdivision approval must be converted into an insttument satisfactt)ry for registiation in the Metis Settiements Land Registiy; (

g) respecting the cancellation of plans of subdivision. 49

Division 4 Expropriation ExproFiation 108(1) A setticment may acquke by expropriation an interest less than the fee simple in patented land for die purposes of the settiement.

(2) A settlement may not expropriate unless the expropriation is autiiorized generally or in respect of specific land or for a specific purpose by settiement by-law.

(3) The settiement must acquire the interest in accordance witii

section 6 of tiie Metis Settlements Land Protection Act. Division 5 Highways Highways "109 A Settiement council has tiie dkection, contiol and management of highways, roads, stieets and lanes witiiin the settiement area that are not subject to the dkection, conttol and management of tiie Crown in right of Alberta. Division 6 Regulations for Hazards Regulations for 110( 1) The Licutcnant Govemor in CouncU may make regulations hazards (

a) prohibiting or regulating and conttolUng the development or use of land or buildings in the vicinity of an airport; (

b) prohibitkig or regulating and contioUing the development or use of land or buUdings in the vicinity of anytiiing tiiat creates or may create a danger to die health and wetfare of any person or property; (

c) prescribing for the purposes of clause (

b) those tilings tiiat create or may create a danger tt) die health and welfare of any person or property; (

d) authorizing any specified member of the Executive Council or a settlement council, with or without conditions, to exercise any power or duty under the regulations; (

e) dkecting a settiement council to amend a by-law to include any prohibition or regulation and conttol of development.

(2) A regulation under subsection (1) (

a) may be specific or general in its application, and 50

(

b) operates despite a settlement by-law or General Council Policy to the conttary. Division 7 Access to Patented Land Defmitions 111 i^ this Division, (a) "authorized project" means a use of, or an activity in, on or under, patented land related to (

i) a right to work or develop minerals tiiat is acquked under the Co-management Agreement, (ii) a right in respect of a pipeUne as defined in Pipeline Act, (iU) a right in respect of a ttansmission line as defined in the Hydro and Electric Energy Act, or (iv) a right m respect of mains, pipes, wkes, conductors, poles or other devices requked for conveying, ttansmitting, supplying or distiibuting gas, water or electiicky or sewage services under die Water, Gas and Electric Companies Act; (b) "Co-management Agreement" means die document set out in

Schedule 3 as amended, (

i) before it is signed, by the Minister of Energy, the General CouncU and the 8 Metis settlements, and (ii) after it is signed, in accordance with its terms; (c) "compensation order" means (

i) a compensation order issued by the Land Access Panel that an operator pay compensation under

section 118, (ii) a compensation order issued by the Existing Leases Land Access Panel that an existing mineral lease holder pay compensation under

section 118, or (iii) a compensation order issued by the Surface Rights Board in respect of patented land made before die coming into force of this section; (d) "development agreement" means an agreement respecting the development of minerals 51

(

i) between an operator and at least the General Council and a settiement council, entered intt) under die Co- management Agreement, or (ii) between an existing mineral lease holder and at least the General CouncU and a settlement council; (e) "existing mineral lease" means a right to work or develop minerals existing on the date tiiis

section comes intt) force; (f) "existing mineral lease holder" means die holder of an existing mineral lease; (g) "minerals" means minerals as defined in the letters patent in or under patented land; (h) "occupant" means (

i) a settiement council, (ii) the person in actual possession of a parcel of patented land, and (iU) a person having a right or interest in patented land tiiat is recorded in the Metis Settlements Land Registiy; (i) "operator" means the person who is authorized or permitted to engage in an autiiorized project; Q) "surface lease" means a lease or other instmment under which the smface of a parcel of patented land is held for any purpose for which a right of entty order may be made under this Division, and that provides for compensation. Application 112 This Division applies only tt) patented land. Purpose 113 The purpose of this Division is (

a) to enable an operator to enter and use the smface of patented land for an authorized project, (

b) tt) entitle an existing mineral lease holder who has no right of entty ki respect of the existing mineral lease or who has a right of entty in respect of an existing mineral lease but requkes additional smface access to apply for the right to enter and use the smface of patented land for die purpose of that lease, and (

c) to enable occupants of parcels of patented land requked for an autiiorized project or existing mineral lease to have tiiek 52

Entry onto the surface of patented land restricted Application for right of entry interests considered and to receive fair compensation for any entty, use and related damage to the land. 114(1) An existing mineral lease holder who has no right of entiy in respect of die existing mineral lease or who has a right of entty in respect of the existing mineral lease but requkes additional surface access must not enter or use the surface of patented land for which the holder has no right of entty, unless die existing mineral lease holder obtains (

a) die consent of the occupants of the surface of tiie parcel or parcels of land sought to be entered, or (

b) a right of entty to die parcels under an order of the Existing Leases Land Access Panel.

(2) An operator must not enter or use die surface of patented land unless the operator (

a) has obtained any consent of the General Council and a settiement councU required under

section 7 of die Metis Settlements Land Protection Act, and (

b) has obtained (

i) the consent of tiie occupants of the surface of the parcel or parcels of patented land sought to be entered whether or not the consent has been obtained or is requked under clause (a), or (ii) a right of entty to tiie parcels under an order of the Land Access Panel. 115(1) An existing mineral lease holder who is unable to obtain the consent of an occupant to enter or use patented land for an existing mineral lease required under

section 114 may apply to the Existing Leases Land Access Panel for a right of entty order in a form prescribed, and with the information required, by the Panel.

(2) When considering an appUcation under subsection (1), the Existing Leases Land Access Panel may (

a) direct the parties to engage in negotiations and provide them with such assistance as it considers necessary, (

b) make any inquiries about the matter it considers necessary and ask for information and advice from any other person or agency it considers necessary, whetiier or not the appUcant or other parties to the proceedings agree, and 53

Right of entry orders (

c) establish any means of making a reasonable decision, including requiring the parties to provide it witii thek final offers about the issues in dispute.

(3) An operator who has obtained the consents requked under

section 7 of the Metis Settlements Land Protection Act but who is unable to obtain the consent of an occupant to enter or use patented land for an authorized project required under

section 114 may apply tt) tiie Land Access Panel for a right of entty order in a form prescribed, and with the information requked, by die Panel. 116(1) The Existing Leases Land Access Panel may make a right of entry order giving an existing mineral lease holder a right to enter and use the surface of one or more parcels of patented land for an existing mineral lease.

(2) The Land Access Panel may make a right of entty order giving a right to enter and use tiie surface of one or more parcels of patented land for an authorized project.

(3) In tiieir decisions, either Panel may (

a) make the order exclusive to the applicant, (

b) state the purpose of the entty or use, describe the geographic area to which k applies, and describe the activity to which the order relates, (

c) state a date on which the order expires, and (

d) impose conditions, including those necessary to ensure tiiat development wUl conform with any development plans of the settiement. Notitication of right of entry order Determining compensation

(4) All right of entiy orders, and amendments tt) them and cancellations of them, must be recorded in the Metis Settlements Land Registty. 117 After a right of entiy order is made, tiie Existing Leases Land Access Panel or the Land Access Panel, as the case requkes, must notify every occupant of the parcels affected by tiie order of the date, time and place at which it will hear representations about who should receive compensation and how much should be paid. 118(1) In determining die amount of money payable by an existing mineral lease holder or operator to an occupant as compensation, the Existing Leases Land Access Panel or die Land Access Panel must consider any relevant development agreement and may consider the following: 54

(

a) die value of the parcel of land affected, including (

i) die cultural value for preserving a tiaditional Metis way of life, (ii) the economic value as an asset, and (iii) die productive value; (

b) damage in the specific existing mineral lease or autiiorized project area, including (

i) die effect of die lease or project on die present and planned use of the parcel and surrounding area, (ii) the special damages to improvements, crops, wildlife, livestock, tiap lines and natural vegetation resulting from the lease or project, and (iii) die amount of tiie lease or project area tiiat tiie existing mineral lease holder or operator may damage; (

c) tiie impact of tiie lease or project on otiier areas, including (

i) disturbance to the physical, social and cultmal environment, (ii) location of die lease or project in relation to existing or planned community uses, and (iii) otiier specific matters, such as the cumulative effect of related projects; (

d) any agreement, in addition to a development agreement, entered into by an existing mineral lease holder or operator and the General CouncU or an occupant; (

e) any other factors the Panel considers appropriate.

(2) The Existing Leases Land Access Panel or the Land Access Panel, as the case requkes, may make a compensation order stating (

a) who must receive compensation, the amount, including interest, and when k must be paid, and (

b) how often the compensation specified in the order must be reviewed, if appropriate. rewwof ^"^ ^^^ ^^^ ^^"^ Access Panel may, witiiout a hearing, amend a decision compensation order or right of entiy order, regardless of who made it, with respect to a person named in it 55

(

a) when die Panel is satisfied that there has been a change of existing mineral lease holder or operator, or (

b) when tiie Panel is satisfied tiiat tiiere has been a change of occupant and compensation should properly be paid to a new occupant. Termination of 120(1) On appUcation to it, the Land Access Panel may terminate right of entry ^^ amend a right of entty order made by it or the Existing Leases Land Access Panel if the Land Access Panel is satisfied tiiat (

a) an existing mineral lease holder or operator is not using the right of entry order, or (

b) tiiere is a good reason to terminate or amend the order.

(2) No decision can be made under subsection (1) without an inquky into the matter, and a hearing if the existing mineral lease holder or operator so requests.

(3) No decision may be made to terminate a right of entty order to which tiie Land Surface Conservation and Reclamation Act applies unless a reclamation certificate has been issued in respect of the land to which die order relates. Recovery of compensation 121(1) If an existing mineral lease holder or operator faUs to pay money (

a) under a surface lease, or (

b) ordered to be paid by the Existing Leases Land Access Panel or die Land Access Panel, witiiin 30 days of the date it is due, the person entitied to receive the money may submit to the Land Access Panel evidence of the faUure to pay.

(2) On receipt of satisfactory evidence of faUure of tiie existing mineral lease holder or operator to pay, die Land Access Panel may dkect the Provincial Treasurer to pay out of die General Revenue Fund the amount of money to which the person is entitied.

(3) If the Provincial Treasurer pays money to a person under this section, the amount paid constitutes a debt owing by tiie existing mineral lease holder or die operator to die Crown in right of Alberta. 56

Costs of appeal

(4) If a surface lease and a development agreement are combined in one document, this

section applies only to that part of the document conceming die surface lease. 122(1) If an appeal is made against a decision of the Existing Leases Land Access Panel or the Land Access Panel, the costs of the appeal, (

a) when the appeal is by the existing mineral lease holder or operatt)r, are payable by die holder or operator on a soUcitor and client basis regardless of the result of the appeal, unless die Court finds special ckcumstances to justify it to award costs on any other basis, or (

b) when the appeal is by the occupant. (

i) if the appeal is successful, are payable by the existing mineral lease holder or operator on a solicitor and client basis, and (ii) if the appeal is unsuccessful, are payable on a party and party basis to the party, if any, that the Comt in its discretion may direct.

(2) The Existing Leases Land Access Panel or Land Access Panel must vary its decision, without a hearing, to comply with the judgment of the Court of Appeal. Review of rate 123(1) In this scctiou and sections 124 to 128, compensation (

a) lessor means the party to a smface lease who is entitied to receive compensation under the lease; (b) "obligated operator" means an existing mineral lease holder or an operator who is obligated to pay compensation under a surface lease, or who is obligated to pay compensation to an occupant tmder a compensation order; (c) "parties" means (

i) with respect to the review or fixing of a rate of compensation under a surface lease, the obligated operator and the lessor, and (ii) witii respect to the review or fixing of a rate of compensation under a compensation order, the obligated operator and the occupant; 57

Notice to review rate of compensation Application for a hearing Order for compensation Surface lease amended Review initiated by lessors OT occupants (d) "rate of compensation" means die annual or periodic compensation payable under a surface lease or compensation order in respect of the matters referred tt) in

section 118.

(2) If a surface lease and a development agreement are combined in one document, sections 124 to 128 apply only to that part of the document conceming tiie surface lease. 124(1) An obligated operator must give a notice to the lessor or occupant on or within 30 days of every 4di anniversary of tiie date the surface lease commenced or the right of entry order was made that (

a) the obligated operator wishes to have tiie rate of compensation reviewed, if applicable, and (

b) die person receiving the notice has a right to have the rate of compensation reviewed or fixed if no compensation has previously been fixed.

(2) If either party indicates that they wish to have the rate of compensation reviewed or fixed, the parties must enter intt) negotiations in good faidi for tiiat purpose. 125 If within 12 months of the date of a notice given under

section 124 the parties have not agreed on a rate of compensation, the party desiring to have the rate of compensation reviewed or fixed may apply to tiie Land Access Panel for a hearing to determine the rate of compensation. 126 The Land Access Panel must hear the application and must make an order fixing, confirming or varying the rate of compensation payable commencing on the anniversary date of the smface lease or compensation order, as the case may be, next following the date notice was given under

section 124. 127 When die Land Access Panel makes an order varying or fixing the rate of compensation for a smface lease, the order operates tt) amend the smface lease in respect of the rate of compensation under it, despite anythmg contained in die surface lease. 128 If the obligated operator faUs to give a notice requked under

section 124, the lessor or any of tiie occupants may, witiiin a reasonable time after the faUure, give notice to tiie obUgated operator stating that they wish tt) have the rate of compensation reviewed or fked and, m that case, (a) sections 124(2) to 127 apply. 58

Right to damages (

b) tiie Land Access Panel, despite

section 126, may make its order about the rate of compensation effective from the same date it would have been effective if die obUgated operator had given notice in accordance with

section 124, and (

c) die Panel may make any order regarding the payment of interest tiiat it considers appropriate. 129 Notwitiistanding die Petty Trespass Act, a person who, under a right of entiy order, enters or uses die surface of patented land conttary to tiiis Division (

a) commks a ttespass, and (

b) is Uable in damages or otherwise for die ttespass to die occupants, or any of tiiem. Fisheries Act (Canada) Fishing in settiemoit area Fishing for sustenance Commercial fishing licences PARTS FISHING 130 This

Part is subject to the Fisheries Act (Canada) and regulations made under it. 131 Only (

a) settiement members resident in settlement areas, and (

b) persons authorized under settlement by-laws may fish in settlement areas, 132 A settiement member who is resident in a settiement area may (

a) fish in the settiement area, or (

b) fish m any watercomse or body of water tiiat actually adjoins the settiement area, at any time, except spawning, for the sustenance of tiie member and die member's immediate famUy, but not for die purpose of selUng, deaUng or ttafficking in the fish. 133(1) At tiie request of a settlement council, tiie Mmister of Forestty, Lands and WildUfe may authorize the council tt) issue Metis Commercial Fishing Licences tt) settiement members and members of adjacent settlements for commercial purposes, witii or witiiout conditions. 59

(2) If fishing licences are issued under subsection (1), a proportion of the total catt;h designated by the Minister of Forestty, Lands and Wildlife from die body of water from which it is proposed tt) take the fish must be set aside as available only for settiement members.

(3) No person may buy, sell, deal or ttaffic in any fish taken under a fishing licence referred to in this

section except as permitted by the Fisheries Act (Canada) and tiie settlement councU. Establishment Accounts and records

PART 6 FINANCIAL ADMINISTRATION Division 1 iVIetIs Settlements Consolidated Fund 134(1) The Metis Settiements Consolidated Fund is estabUshed consisting of Parts 1 and 2.

(2) The ConsoUdated Fund is held and administered by the General CouncU. 135(1) The General CouncU (

a) must establish accounts in the name of the ConsoUdated Fund with a bank, an Alberta Treasury Branch, or any otiier entity approved by General Council Policy, indicating in each case whether the accounts are for

Part 1 or

Part 2 of the Fund, (

b) may establish accounts witiiin each part of the ConsoUdated Fund in the name of each settiement, (

c) must keep Parts 1 and 2 of die Consolidated Fund, all accounts and records relating to tiiem, and all accounts and records relating to settiement accounts within tiie ConsoUdated Fund, separate from each other, and (

d) must operate the Consolidated Fund in accordance with this Part and generaUy accepted accounting prmciples.

(2) No General Council account (

a) can be opened or operated unless it is opened under subsection (1), or (

b) can be operated except in accordance with resolutions of the General CouncU. 60

Directives and 136 The General Couucil may issuc dkcctivcs and mlcs about ^^^ the management and administtation of the Consolidated Fund. Consolidated Fund administration policy Nature of the Consolidated Fund Financial year Payments into the Consolidated Fund 137 The General CouncU may make General CouncU Policies about (

a) tiie manner in which money payable into tiie Consolidated Fund must be coUected, managed or held, (

b) tiie manner in which, tiie times within which, and the persons to whom, money payable into the ConsoUdated Fund must be paid, and (

c) die accounting, reporting and record keeping requked witii respect to money payable into, held in, and paid from the ConsoUdated Fund. 138 The Consolidated Fund must be maintained (

a) as cash, or (

b) in the form of invesunents described in

Schedule 2. 139 The financial year of the Consolidated Fund is AprU 1 to die following March 31. 140(1) There must be paid into

Part 1 of die Consolidated Fund (

a) money owned by die General Council, (

b) money held by the General Council for the benefit of, as agent for, or in ttust for, any person, (

c) money held by an employee or official of the General Council in his capacity as an employee or official, (

d) grants, donations and all otiier sources of income or revenue of tiie General Council, in particular (

i) money received from the Crown in right of Canada or an agency of the Crown, unless a condition of receipt of the money prevents it from being paid into die Consohdated Fund, (ii) money resulting from a legally enforceable obligation, (iii) surface resource revenue or money resulting from the co-management of subsurface resource agreements, payable to die General Council, and 61

(iv) money received from the Crown in right of Alberta or an agency of the Crown, (

e) die ten $10 000 000 annual payments paid to the General Council in accordance witii

section 6 of tiie Metis Settlements Accord Implementation Act, (

f) interest and income from investinents made from

Part 1 of die ConsoUdated Fund, (

g) subject tt) subsection (2)(c), the proceeds of sale of General Council assets or anything acquked by General Council money, and (

h) anything else that is specified by General CouncU Policy to be paid into

Part 1 of tiie Consolidated Fund.

(2) There must be paid into

Part 2 of the Consolidated Fund (

a) the annual payments of $5 000 000 paid to the Commissioner in accordance with

section 3 of the Metis Settlements Accord Implementation Act, (

b) interest and income from investments made from

Part 2 of the ConsoUdated Fund, (

c) the proceeds of sale of anything acquired from money in

Part 2 of tiie Consolidated Fund, and (

d) anything else that is specified by General Council PoUcy to be paid into

Part 2 of die Consolidated Fund.

(3) No money can be paid into the ConsoUdated Fund unless it is described m tiiis

section or autiiorized by this Act or any other enactment.

(4) When money paid into die ConsoUdated Fund is atttibutable to a particular settiement, the General CouncU must pay tiiat money intt) an account established for that settiement witiiin the ConsoUdated Fund. toT™!"*^ 141 If die General CouncU receives a payment partly payable purposes ^"^ ^"^ ^^^ CousoUdatcd Fund and partiy attiibutable to other matters, the payment must be paid in the fkst instance to die ConsoUdated Fund, but die part atttibutable to other matters must be paid out of the ConsoUdated Fund as soon as reasonably possible. 62

Payments out of 142(1) Moucy may be paid out of

Part 1 of the ConsoUdated ^"^ ,., , Fund Consolidated Fund (

a) in accordance with an annual financial allocation policy or amendments to that policy made by General CouncU PoUcy, (

b) with respect to funds attiibutable to a particular settiement, in accordance witii a settiement by-law, (

c) for investments described in

Schedule 2, (

d) to refund payments that were made to

Part 1 of the Consolidated Fund in error, (

e) to make payments under

section 141, or (

f) to pay for anything dkectiy attiibutable to the establishment, operation, administiation or management of the Consolidated Fund.

(2) No money is to be paid out of

Part 2 of the Consolidated Fund except (

a) to make investments described in

Schedule 2, (

b) to refund payments made to

Part 2 of the Fund in error, (

c) to make payments under

section 141, or (

d) after March 31, 2007, in accordance with a General Council Policy.

(3) A payment cannot be made from tiie ConsoUdated Fund unless the payment is permitted by tiiis section. Deductions 143 When money is payable out of the ConsoUdated Fund to a from payments getticment, the General Council may deduct from the payment any sum owing by die settiement to the General CouncU. Division 2 General Council Financial Allocation Policy Annual 144(1) For cach financial year the General CouncU must make a aUo'^Jbn General CouncU Policy tt) be known as the financial allocation policy poUcy.

(2) A financial allocation policy must (

a) specify tiie total amount of money available from tiie Metis Settiements Transition Fund under die Metis Settlements Accord 63

Implementation Act for allocation to settlements divided between (

i) capital development projects, and (ii) operations, maintenance and otiier purposes, (

b) specify how the money described in clause (

a) is to be allocated between tiie settiements, (

c) specify tiie total amount of money available from the Consolidated Fund for allocation to settlements divided between (

i) capital development projects, and (ii) operations, maintenance and other purposes, and Amendments to allocation policies Expiration of budget authorizations Cheques and other instrumems (

d) specify how the money described in clause (

c) is to be aUocated between the settiements.

(3) A financial aUocation policy may requisition money from the settiements for the purpose of funding the General CouncU, in which case the Commissioner must pay the sum requisitioned to the General CouncU out of money allocated to tiie settiements in accordance with the requisition. 145 The General Council may amend an aUocation policy during a financial year to change or add to the financial allocation policy. 146 After the end of a financial year, no further payment can be made by the General CouncU on the basis of the preceding year's authorized expenditmes unless (

a) die payment is authorized by the General CouncU, or (

b) the expenditure was committed in the preceding financial year but the payment was not made. 147 No cheque, money order, or otiier negotiable insttument may be issued against, or cash withdrawn from, the Consolidated Fund unless (

a) tiie expenditure is in accordance witii this Act or any other enactinent and General Council Policies, and (

b) die expenditure is property authorized by signing officers of the General Council. 64

Division 3 Settlement Funds EstabUshment 148(1) The foUowiug funds are established: of settiement "" ^ (

a) Buffalo Lake Metis Settlement Fund; (

b) East Prairie Metis Settiement Fund; (

c) Elizabeth Metis Settiement Fund; (

d) Fishing Lake Metis Settiement Fund; (

e) Gift Lake Metis Settlement Fund; (

f) Kikino Metis Settiement Fund; (

g) Paddle Prakie Metis Settlement Fund; (

h) Peavine Metis Settiement Fund.

(2) Each settiement fund is held and administered by the respective settiement council. Accounts and 149(1) Evcry Settlement councU must records (

a) establish accounts for its settiement fund in the name of the settiement with a bank, an Alberta Treasmy Branch, or any other entity approved by General Council Policy, (

b) keep proper accounts and records of all payments into and payments out of the settiement fund, and (

c) operate its settlement fund in accordance with this or any other enactment and generally accepted accounting principles.

(2) No settiement accounts (

a) can be opened or operated unless they are opened under subsection (1), (

b) can be operated except in accordance witii resolutions, by laws or an enactment, or (

c) can be opened or operated outside tiie settiement fund. Directives and 150 A Settlement councU may issuc dkcctivcs and mlcs about tiic management and administiation of its settiement fund. 65

Settiement 151 A Settlement couucU may make by-laws respecting funds by-law^ * °" (

a) die manner in which money payable into its settiement fund must be collected, managed or held, (

b) die manner in which, die times within which, and die persons to whom, money payable intt) its settlement fund must be paid, and (

c) the accounting, reporting and record keeping requked witii respect to money payable into, held in and paid from its settlement fund. Nature of tiie 152 Each setticment fund must be maintained settiement fund (

a) as cash, or (

b) in the form of investinents described in

Schedule 2. Financial year 153 T^g financial year of every settiement fund is April 1 tt) tiie following March 31. Payments into 154(1) Thcrc must bc paid into settiement funds settiement funds (

a) money owned by a settiement, (

b) money held by the settiement council for the benefit of, as agent for, or in tiust for, any person, (

c) money held by an employee or official of the settiement in his capacity as an employee or official, (

d) grants, donations and aU otiier somces of income or revenue of a settiement, in particular (

i) money received from the Crown in right of Canada or an agency of the Crown, unless a condition of receipt of the money prevents k from being paid intt) the settiement fund, (ii) money raised by a settiement by-law, (iii) money resulting from a legaUy enforceable obligation, (iv) surface resource revenue or money resulting from die co-management of subsurface resomce agreements payable to die settiement, (

v) money received from the Crown in right of Alberta or an agency of the Crown, and 66

(vi) money received from tiie payment of fines paid for conttavention of settiement by-laws, (

e) die matching grants paid to settlements m accordance with sections 7 and 8 of die Metis Settlements Accord Implementation Act, (

f) interest and income from investments made from the settiement fund, (

g) die proceeds of sale of settiement assets or anything acquked by settiement money, and (

h) anything else that is specified by a settiement by-law or General CouncU Policy.

(2) No money can be paid into a settiement fund unless it is described in subsection (1) or autiiorized by

section 155. Money received 155 If a settiemcut reccivcs u payment partly payable into a ^"^oses™°'^ settiement fund and partiy atttibutable to other matters, tiie purposes payment must be paid in tiie fkst instance to the settiement fund, but the part attributable to other matters must be paid out of the settiements fund as soon as reasonably possible. Payments out of 156(1) Moucy may be paid out of a settiement fund settiement funds (

a) m accordance with a settlement by-law, (

b) for investments described in

Schedule 2, (

c) tt) refund payments that were made tt) die settiement fund in error, (

d) to make payments under

section 155, or (

e) tt) pay for anytiiing dkectiy attiibutable tt) tiie estabUshment, operation, administiation or management of tiie settiement fund.

(2) A payment cannot be made from a settlement fund unless die payment is permitted by tiiis section. Division 4 Settiement Budgets ^^"^ 157(1) A settlement council must adopt a budget by-law for each settiement r- • i financial year (

a) describmg the money aUocated to it from 67

Expiration of budget authorizations Cheques and other instruments (

i) tiie Transition Fund under die Metis Settlements Accord Implementation Act, and (ii) the Consolidated Fund, and the purposes for which die money is aUocated, (

b) describing the money available for expenditme in its own settiement fund, and (

c) stating tiie expendkures proposed for (

i) capital development projects, and (ii) operations, maintenance and other purposes.

(2) A settiement council may amend a budget by-law during a financial year to change or add to a previous budget by-law. 158 After the end of a financial year no fmther payment can be made by a settlement councU on the basis of the preceding year's budget by-law unless (

a) the payment is authorized by resolution of the settlement councU, or (

b) the expenditure was committed in the preceding financial year but the payment was not made. 159(1) No cheque, money order or other negotiable insttument may be issued against, or cash wididrawn from a settiement fund, unless (

a) tiie expenditure is in accordance with a settiement budget by-law or amendments to tiiat by-law, (

b) the expenditme (

i) has been authorized by tiie settlement chakman, or a councUlor designated by tiie settlement councU as an altemate signing officer, and the settiement administiator, or (ii) is authorized in accordance with a settlement financial administiation by-law, (

c) die settiement administiator certifies that there is money immediately available for die expenditure, and 68

Audits and inspection (

d) the expenditure (

i) is made under a written agreement for goods or services that the settiement administiator certifies have been satisfactorily received or provided, or (ii) is otherwise autiiorized by resolution of the settlement councU and is a proper expenditure.

(2) No payment can be made under subsection (1) if it would contiavene tiiis Act, a directive or rule issued under this Act, a General CouncU Policy or a settlement by-law. Division 5 Protection of the Consolidated Fund and Settlement Funds 160(1) The Minister may require an audit or an inspection of the Consolidated Fund or settlement funds or any aspect of tiiem, or an audit of the use of money paid out of any of them.

(2) The Minister may require bank accounts and records maintained in connection with the operation of the Consolidated Fund and settiement funds to be produced for inspection at any time.

(3) The Minister must pay for tiie cost of an audit or inspection under this section. Examining and 161(1) Rccords prepared or kept by or on behalf of a settlement J^ds^*^^ or the General Council, regardless of whose possession tiiey are in, are open to inspection at all reasonable times by tiie Minister.

(2) The Minister may apply to tiie Comt of Queen's Bench ex parte or on such notice as the Court dkects for an order that the Minister or a person authorized by the Minister may (

a) enter any place where an activity of die settlement or General Council or funded in whole or in part by eitiier of tiiem is carried on, (

b) examine or take away a record that is part of the settlement or General Council records or records kept in respect of activities sponsored in whole or in part by money from die ConsoUdated Fund or settiement funds, (

c) examine or take away a record that may determine the accuracy of the records that are prepared or kept by or on behalf of a settiement or General Council, and 69

Confidential information Audit Financial Administration Act not to apply (

d) requke a person to give die Minister or person autiiorized by die Minister all reasonable assistance in performing the Minister's or autiiorized person's duties.

(3) The Court may make any order it considers appropriate.

(4) The Minister or any person autiiorized by the Minister may make copies of records taken under subsection (2).

(5) If a document is taken away, a copy of it must be left in its place. 162 Ever}' councillor, officer or employee of a settiement or the General Council must give to the Minister any information that the Minister considers necessary for an audit, inspection or investigation. 163(1) As soon as practicable after March 31 each year tiiere must be prepared an audited financial statement of tiie ConsoUdated Fund and each settlement fund for the preceding financial year.

(2) The General CouncU must appoint tiie auditor of the ConsoUdated Fund.

(3) Each settiement councU must appoint the auditor of its settiement fund. 164 The Financial Administration Act does not apply to (

a) the ConsoUdated Fund or settlement funds, or to any expenditmes from tiiem, payment intt) them, or activities in relation to them, or (

b) a person administering, receiving or disbmsing money in relation to the Consolidated Fund or settlement funds. Financial and funding agreements Assessment and taxation Division 6 Other Financial Matters 165 The Minister may enter into an agreement witii tiie General Council and one or more settiements respecting financial or fundmg arrangements for diem. 166(1) If tiiere is a General Council Policy in effect, a settlement councU may, iii accordance widi tiiat PoUcy, make by-laws to tax land, interests in land or improvements on land in the settiement area, including rights to occupy, possess or use land in die settiement area. 70

Tax on well- drilling equipment Development levy by-laws

(2) A settlement by-law under subsection (1) may not assess or tax the fee simple or any lesser interest in patented land held by the General Council unless die assessment and taxation is autiiorized under a General Council Policy. 167(1) A settiement council may make by-laws providing for the imposition of a tax on persons who are in legal possession of equipment (

a) when the equipment is engaged in the drilling of a well for which a licence is required under the Oil and Gas Conservation Act, or (

b) capable of or designed for drilling a gas or oil well when the equipment is engaged in servicing a gas or oil well.

(2) The tax must be computed in accordance with a

schedule established by the Lieutenant Govemor in Council.

(3) The settiement administtator may requke in writing any owner, conditional owner or lessee of drilling equipment to supply any information that may be necessary to compute tiie tax.

(4) The tax may be imposed at any time during a calendar year and becomes payable on cessation of tiie driUing or servicing operation and may be recovered with costs and witii interest as a debt due to the settiement from the owners, conditional owners or lessees of the equipment.

(5) When taxes imposed by a by-law passed under this

section remain unpaid for a period of 30 days after die cessation of the driUing or servicing operation, the settiement admmisttator in writing may levy the taxes with costs by distiess. 168(1) A settlement councU may make by-laws to help pay for the cost of providing settiement or other services or facilities to a development or subdivision by (

a) imposing levies, to be known as off-site levies, on the developed land or requiring payment for oversize faciUties or developments, or both, and (

b) authorizing the council to make an agreement on how the levies or payments wiU be paid.

(2) The by-law must set out the purpose of each levy or payment and say how die amount is to be determined.

(3) The levies or payments can only be used to help pay the costs associated with locating or building services or faciUties for 71

Development levy regulation Budget, accounting and audits (

a) storing, tieating or supplying water; (

b) tieating, moving or disposing of sanitary sewage; (

c) providing storm sewer drainage; (

d) providing oversize facilities or services.

(4) An off-site levy can only be collected once for any development or subdivision. 169 The Lieutenant Governor in Council may make regulations governing, either generally or specifically, the maximum amount that a settlement council may by by-law estabUsh or impose and collect as an off-site levy or payment. Division 7 Protecting the Public interest 170 The Minister may make regulations respecting (

a) the preparation and form of budgets by settiement councils; (

b) the methods of bookkeeping, accounting, recording and reporting to be used by settlement councils; (

c) requkements for audits of settlements; (

d) the establishment and maintenance of an assets register. Inspections and 171(1) The Minister may appoint a person to inspect or investigauons investigate (

a) a settlement, (

b) die General Council, or (

c) an entity tiiat is dkectiy or indirectiy contioUed by a settiement council, the General Council or persons who are employees or officials of a settlement or die General Council.

(2) The inspection or investigation must be confined to (

a) die financial or administiative condition of the entity inspected, and (

b) matters connected with the management, administiation or operation of the entity inspected.

(3) The Minister may appoint an inspector or investigattir 72

Petition Powers of inspectors and investigators Report of inspector or investigator Bank accounts (

a) on the Minister's own initiative, or (

b) if requested to do so by the General Council, a settlement councU or a substantial number of settiement members.

(4) If the Minister decides not to appoint an inspector or investigator when reques

Document details

Collection	Alberta — Bills
Citation	L22 S2 2710
Type	bill
Volume / chapter	L22 S2 2710
Language	en
Format	json
Source	PROVINCIAL
Identifier	2bf60c10a2de6ead87a14c7a552d8bc0727eace3

Source file is stored in the law ingest library (json).