Bill 34 — Metis Settlements Land Protection Act (Legislature 22, Session 2)

L22 S2 2709

Alberta — Bills

1990 BEX 34 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 METIS SETTLEMENTS LAND PROTECTION ACT MR. CARDESTAL First Reading Second Reading Committee of tiie Whole Third Reading Royal Assent Bill 34 Mr. Cardinal BILL 34 1990 METIS SETTLEMENTS LAND PROTECTION ACT (Assented to Table of Contents

Definitions Ratification of the letters patent Letters patent Alienating the fee simple Patented land not to be used as security Acquisition of less than the fee simple Entry on land Existing rights Crown bound Coming mto force 1990) 1 2 3 4 5 6 7 8 9 10 HER MAJESTY, by and with tiie advice and consent of the Legislative Assembly of Alberta, enacts as foUows:

Definitions Ratification of the letters patent 1(1) In tills Act, (a) "Crown" means Her Majesty in right of Alberta; (b) "General Council" means the Metis Settiements General Council incorporated by the Metis Settlements Act; (c) "patented land" means land held in fee simple by the General CouncU under letters patent issued by the Crown.

(2) Words and expressions defined in the Metis Settlements Act have the same meaning in this Act. 2 The letters patent granting patented land to the General Council are hereby ratified and conftimed. Letters patent 3 The letters patent granting patented land to the General CouncU may not be filed or registered under die Land Titles Act. AUeriating the 4 xhc fcc simplc cstatc iu all or any part of a parcel of patented fee simple j^^ ^^^ ^^ aUcnatcd only with die consent of (

a) die Crown, (

b) the General Council, (

c) a majority of aU the settiement members of the Metis settiement in which the parcel to be aUenated is situated, and (

d) a majority of aU the settiement members of all the Metis settiements. Patented land 5(1) The fcc simple cstatc in patented land may not be mortgaged, T^^ty"^ charged or given as security.

(2) No person may take a fee sunple estate in patented land as security for any purpose.

(3) A mortgage, charge or security given or taken conttary tt) tiiis

section is void. Acquisition of 6(1) If less than the fee simple (

a) the Crown, or (

b) a person having a right to expropriate an estate or interest in land by vfrtue of

an Act of the Legislattire, properly requires an interest less than the fee simple in patented land and specifies the part of the land requked and die purpose for which it is required, the interest must be provided by the person from whom it is sought and compensation paid for it accordingly.

(2) If a disagreement arises as to (

a) whetiier the part of the land that is reqiured is properly requfred, (

b) the location or amount of land sought to be provided, (

c) the natme of the interest required, or (

d) die amount of compensation or to whom it is to be paid, the disagreement, or any issue with respect to the matter, must be resolved in a manner determined by agreement between die Crown or the person requuing die interest and the General CouncU and any other person having an interest m die land affected by the proposed acquisition, but if no agreement can be reached, the matter must be determmed by the Court of Queen's Bench. Entry on land 7(1) In tiiis scctiou, "mineral" has die same meaning as it has m the letters patent granting patented land.

(2) No person may conduct operations in or under patented land to determine geologic or other conditions underlying the surface of land or water witiiout (

a) the consent of the settiement council of the settiement area in which the operation is proposed, and (

b) die consent of the General Council.

(3) A person who, after the coming into force of this section, has obtained from the Crown a right to work or develop a mineral in or under patented land, or anyone authorized by that person, may not, without the consent (

a) of the settlement councU of the settiement area for which the right has been obtamed, and (

b) of die General Council, enter on patented land and conduct operations in order to obtain information about a mineral, including its existence or non existence, or to extiact a mineral. Existing rights 8 The grant of an estate in fee simple in patented land to the General CouncU does not affect a right, estate or interest in that land that is held at the date of the letters patent by anyone otiier than tiie Crown and registered or filed in the Metis Settiements Land Registry on or before June 30, 1993. Crown bound 9 This Act biuds die Crown. Coming into 1Q This Act comcs into force on Proclamation. force •' Title: 1990 (22nd 2nd) Bill 34, Metis Settlements Land Protection Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2709
Type	bill
Volume / chapter	L22 S2 2709
Language	en
Format	json
Source	PROVINCIAL
Identifier	506463753a09758f91ba9403a5dfd89f91ffa832

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